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Código Penal (R.S.C., 1985, c. C-46), Canadá

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Detalles Detalles Año de versión 2011 Fechas Adoptado/a: 1 de enero de 1985 Tipo de texto Legislación relacionada con la PI Materia Observancia de las leyes de PI y leyes conexas Notas Esta versión consolidada del Código Penal, que fue modificada el 29 de abril de 2011, incorpora todas las enmiendas hasta el año 2011.

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Textos principales Textos principales Inglés Criminal Code (R.S.C., 1985, c. C-46) ( as amended up to April 29, 2011)         Francés Code criminel (L.R.C., 1985, ch. C-46) (tel que modifié jusqu'au 29 avril 2011)        

Criminal Code

R.S.C., 1985, c. C-46 An Act respecting the Criminal Law

SHORT TITLE

Short title

1. This Act may be cited as the Criminal Code. R.S., c. C-34, s. 1.

INTERPRETATION

Definitions

2. In this Act,
“Act”
« loi »
“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 (b.1) 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,

(b.1) with respect to proceedings in relation to an offence under subsection 7(2.01), 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,

(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;
“cattle”

« bétail »
“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;
“counsel”

« avocat »
“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;

“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);

“day”

« jour »

“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]

“firearm”

« arme à feu »

“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;
“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 Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,

(ix.1) an employee of the Canada Border Services 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;
“military”
« militaire »
“military” shall be construed as relating to all or any of the Canadian Forces;
“military law”
« loi militaire »
“military law” includes all laws, regulations or orders relating to the Canadian Forces;
“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;
“night”
« nuit »
“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 or the Corruption of Foreign Public Officials Act is committed,
(b)
that is used in any manner in connection with the commission of such an offence, or
(c)
that is intended to be used for committing such an offence;
“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;
“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 within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

(e)
a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
(f)
the pilot in command of an aircraft
(i)
registered in Canada under regulations made under the Aeronautics Act, or
(ii)
leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, and
(g)
officers and non-commissioned members of the Canadian Forces who are
(i)
appointed for the purposes of section 156 of the National Defence Act, or
(ii)
employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;

“prison”
« prison »
“prison” includes a penitentiary, common jail, public or reformatory prison, lock-up,

guard-room or other place in which persons who are charged with or convicted of
offences are usually kept in custody;
“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;
“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;

“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);
“steal”
« voler »
“steal” means to commit theft;
“street racing”

« course de rue »

“street racing” means operating a motor vehicle in a race with at least one other motor
vehicle on a street, road, highway or other public place;
“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;

“trustee”
« fiduciaire »
“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;

“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;
“victim”
« victime »
“victim” includes the victim of an alleged offence;
“weapon”
« arme »
“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”
« épave »
“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;

“writing”

« écrit »

“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, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13,
s.
1.

Previous Version

Further definitions — firearms

2.1 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “cross-bow”, “handgun”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm”, “restricted firearm” and “restricted weapon”, as well as “authorization”, “licence” and “registration certificate” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

2009, c. 22, s. 1.

Descriptive cross-references

3. Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.

1976-77, c. 53, s. 2.

PART I

General

Effect of judicial acts

    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.
    2. 2002, c. 13, s. 2. Postcard a chattel, value
  1. (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.
Possession
(3)
For the purposes of this Act,
(a)
a person has anything in possession when he has it in his personal possession or knowingly
(i)
has it in the actual possession or custody of another person, or
(ii)
has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b)
where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
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.
Sexual intercourse
(5)
For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.
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.

Proof of service in accordance with provincial laws

(6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.

Attendance for examination

(7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of 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; 2008, c. 18, s. 1.
Previous Version
Canadian Forces not affected

  1. Nothing in this Act affects any law relating to the government of the Canadian Forces.
    R.S., c. C-34, s. 4.
    Presumption of innocence


  2. (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.
Offences outside Canada
(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.

Offences committed on aircraft

7. (1) Notwithstanding anything in this Act or any other Act, every one who

(a)
on or in respect of an aircraft
(i)
registered in Canada under regulations made under the Aeronautics Act, or
(ii)
leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, or
(b)
on any aircraft, while the aircraft is in flight if the flight terminated in Canada,

commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

Idem

(2)
Notwithstanding this Act or any other Act, every one who
(a)
on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),
(b)
in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),
(c)
in relation to an air navigation facility used in international air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),
(d)
at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or
(e)
commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence,

shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.

Offences in relation to cultural property

(2.01) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that if committed in Canada would constitute an offence under section 322, 341, 344, 380, 430 or 434 in relation to cultural property as defined in Article 1 of the Convention, or a conspiracy or an attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, 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.

Definition of “Convention”

(2.02) For the purpose of subsection (2.01), “Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954. Article 1 of the Convention is set out in the schedule to the Cultural Property Export and Import Act.

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.

Definitions

(2.34) The definitions in this subsection apply in this subsection and in subsections (2.3)
and (2.31).
“Agreement”

« Accord »
“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.

Idem

(3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute

(a)
a conspiracy or an attempt to commit,
(b)
being an accessory after the fact in relation to, or
(c)
counselling in relation to,

an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

Idem

(3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against,

(a)
section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material,
(b)
section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material,
(c)
section 423 in relation to a demand for nuclear material, or
(d)
paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material

shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c)
applies in respect of the act or omission.
Idem

(3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if

(a)
the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b)
the act or omission is committed on an aircraft
(i)
registered in Canada under regulations made under the Aeronautics Act, or
(ii)
leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or
(c)
the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.

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. Jurisdiction

(3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 shall be deemed to commit that act or omission in Canada if

(a)
the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b)
the act or omission is committed on an aircraft
(i)
registered in Canada under regulations made under the Aeronautics Act, or
(ii)
leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c)
the person who commits the act or omission is a Canadian citizen;
(d)
the complainant is a Canadian citizen; or
(e)
the person who commits the act or omission is, after the commission thereof, present in Canada.

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.

Jurisdiction

(5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

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.

Certificate as evidence

(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.
Idem
(11)
A certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs stating
(a)
that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict,
(b)
that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or
(c)
that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved,

is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.

R.S., 1985, c. C-46, s. 7; R.S., 1985, c. 27 (1st Supp.), s. 5, c. 10 (3rd Supp.), s. 1, c. 30 (3rd Supp.), s. 1, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, ss. 58, 60(F); 1993, c. 7, s. 1; 1995,

c. 5, s. 25; 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; 2005, c. 40, s. 2.

Previous Version Application to territories

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.

Previous Version

Criminal offences to be under law of Canada

9. Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 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.

Appeal

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. Idem
(2)
Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal
(a)
from the conviction; or
(b)
against the punishment imposed. Part XXI applies
(3)
An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.

R.S., 1985, c. C-46, s. 10; R.S., 1985, c. 27 (1st Supp.), s. 203.

Civil remedy not suspended

    1. No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.
    2. R.S., c. C-34, s. 10.
      Offence punishable under more than one Act

  1. 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.

Child under twelve

    1. 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.
    2. R.S., c. C-34, s. 12; 1980-81-82-83, c. 110, s. 72. Consent to death
  1. 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.

Obedience to de facto law

15. No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.

R.S., c. C-34, s. 15.

Defence of mental disorder

16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

Presumption

(2)
Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.
Burden of proof
(3)
The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

R.S., 1985, c. C-46, s. 16; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1991, c. 43, s. 2.

Compulsion by threats

17. A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).

R.S., 1985, c. C-46, s. 17; R.S., 1985, c. 27 (1st Supp.), s. 40.

Compulsion of spouse

18. No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.

R.S., c. C-34, s. 18; 1980-81-82-83, c. 125, s. 4.

Ignorance of the law

19. Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.

R.S., c. C-34, s. 19.

Certain acts on holidays valid

20. A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.

R.S., c. C-34, s. 20; R.S., c. 2(2nd Supp.), s. 2.

Parties to Offences

Parties to offence

21. (1) Every one is a party to an offence who

(a)
actually commits it;
(b)
does or omits to do anything for the purpose of aiding any person to commit it; or
(c)
abets any person in committing it. Common intention
(2)
Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

R.S., c. C-34, s. 21.

Person counselling offence

22. (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.

Idem

(2)
Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.
Definition of “counsel”
(3)
For the purposes of this Act, “counsel” includes procure, solicit or incite.
R.S., 1985, c. C-46, s. 22; R.S., 1985, c. 27 (1st Supp.), s. 7.
Offences of negligence — organizations


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.

Other offences — organizations

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.

Accessory after the fact

23. (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.

(2) [Repealed, 2000, c. 12, s. 92] R.S., 1985, c. C-46, s. 23; 2000, c. 12, s. 92. Where one party cannot be convicted

23.1 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids or abets, counsels or procures or receives, comforts or assists cannot be convicted of the offence.

R.S., 1985, c. 24 (2nd Supp.), s. 45.

Attempts

24. (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.

Question of law

(2) The question whether an act or omission by a person who has an intent to commit an offence is or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit the offence, is a question of law.

R.S., c. C-34, s. 24.

Protection of Persons Administering and Enforcing the Law

Protection of persons acting under authority

25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a)
as a private person,
(b)
as a peace officer or public officer,
(c)
in aid of a peace officer or public officer, or
(d)
by virtue of his office,
is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose. Idem
(2)
Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the

process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

When not protected

(3)
Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.
When protected
(4)
A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if
(a)
the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
(b)
the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
(c)
the person to be arrested takes flight to avoid arrest;
(d)
the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and
(e)
the flight cannot be prevented by reasonable means in a less violent manner.
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.

Definitions

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). Principle

(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.

Declaration as evidence

(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.

Considerations

(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.
Emergency designation
(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.

Conditions

(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.
Limitation
(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. Previous Version Public officer to file report

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.

Annual report

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).
Limitation
(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.
Written notification to be given


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.

Limitation

(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.
Excessive force


    1. 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.
    2. R.S., c. C-34, s. 26.
      Use of force to prevent commission of offence

  1. 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.
Use of force on board an aircraft

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.

Arrest of wrong person

28. (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

Person assisting

(2)
Where a person is authorized to execute a warrant to arrest,
(a)
every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and
(b)
every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

is protected from criminal responsibility in respect thereof to the same extent as if that
person were the person named in the warrant.
R.S., c. C-34, s. 28.
Duty of person arresting

29. (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

Notice

(2)
It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of
(a)
the process or warrant under which he makes the arrest; or
(b)
the reason for the arrest. Failure to comply
(3)
Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.

R.S., c. C-34, s. 29.

Preventing breach of peace

30. Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

R.S., c. C-34, s. 30.

Arrest for breach of peace

31. (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

Giving person in charge

(2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

R.S., c. C-34, s. 31.

Suppression of Riots

Use of force to suppress riot

32. (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,

(a)
is necessary to suppress a riot; and
(b)
is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
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.
Question of law
(5)
For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.

R.S., c. C-34, s. 32.

Duty of officers if rioters do not disperse

33. (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation.

Protection of officers

(2)
No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).
Section not restrictive
(3)
Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots.

R.S., c. C-34, s. 33.

Self-induced Intoxication

When defence not available

33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).

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.
Application
(3)
This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.

1995, c. 32, s. 1.

Defence of Person

Self-defence against unprovoked assault

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

Extent of justification

(2)
Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a)
he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b)
he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F). Self-defence in case of aggression

35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if

(a)
he uses the force
(i)
under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii)
in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
(b)
he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c)
he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.

R.S., c. C-34, s. 35.

Provocation

    1. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.
    2. R.S., c. C-34, s. 36. Preventing assault
  1. (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.

Extent of justification

(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.

R.S., c. C-34, s. 37.

Defence of Property

Defence of personal property

38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

(a)
in preventing a trespasser from taking it, or
(b)
in taking it from a trespasser who has taken it, if he does not strike or cause bodily harm to the trespasser. Assault by trespasser
(2)
Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

R.S., c. C-34, s. 38.

Defence with claim of right

39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

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.

Defence of dwelling

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.

R.S., c. C-34, s. 40.

Defence of house or real property

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

Assault by trespasser

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

R.S., c. C-34, s. 41.

Assertion of right to house or real property

42. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

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

Correction of child by force

    1. 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.
    2. R.S., c. C-34, s. 43.
  1. [Repealed, 2001, c. 26, s. 294] Previous Version Surgical operations
  2. 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

High treason

46. (1) Every one commits high treason who, in Canada,

(a)
kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;
(b)
levies war against Canada or does any act preparatory thereto; or
(c)
assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
Treason
(2)
Every one commits treason who, in Canada,
(a)
uses force or violence for the purpose of overthrowing the government of Canada or a province;
(b)
without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
(c)
conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
(d)
forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
(e)
conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.
Canadian citizen
(3)
Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,
(a)
commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or
(b)
commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).
Overt act
(4)
Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

R.S., c. C-34, s. 46; 1974-75-76, c. 105, s. 2. Punishment for high treason

47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Punishment for treason

(2)
Every one who commits treason is guilty of an indictable offence and liable
(a)
to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);
(b)
to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or
(c)
to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.
Corroboration
(3)
No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
Minimum punishment
(4)
For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

R.S., c. C-34, s. 47; 1974-75-76, c. 105, s. 2. Limitation

48. (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

Information for treasonable words

(2)
No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless
(a)
an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and
(b)
a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

R.S., c. C-34, s. 48; 1974-75-76, c. 105, s. 29.

Prohibited Acts

Acts intended to alarm Her Majesty or break public peace

49. Every one who wilfully, in the presence of Her Majesty,

(a)
does an act with intent to alarm Her Majesty or to break the public peace, or
(b)
does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding
fourteen years.
R.S., c. C-34, s. 49.
Assisting alien enemy to leave Canada, or omitting to prevent treason

50. (1) Every one commits an offence who

(a)
incites or wilfully assists a subject of
(i)
a state that is at war with Canada, or
(ii)
a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,
to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or
(b)
knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.
Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 50; 1974-75-76, c. 105, s. 29. Intimidating Parliament or legislature

51. Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 51.

Sabotage

52. (1) Every one who does a prohibited act for a purpose prejudicial to

(a)
the safety, security or defence of Canada, or
(b)
the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

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. Saving
(3)
No person does a prohibited act within the meaning of this section by reason only that
(a)
he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b)
he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c)
he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
Idem
(4)
No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

R.S., c. C-34, s. 52.

Inciting to mutiny

53. Every one who

(a)
attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or
(b)
attempts to incite or to induce a member of the Canadian Forces to commit a

traitorous or mutinous act,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding
fourteen years.

R.S., c. C-34, s. 53. Assisting deserter

54. Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

R.S., c. C-34, s. 54.

Evidence of overt acts

55. In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.

R.S., c. C-34, s. 55.

Offences in relation to members of R.C.M.P.

56. Every one who wilfully

(a)
persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,
(b)
aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or
(c)
aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 56; R.S., 1985, c. 27 (1st Supp.), s. 8.

Official Documents

Identity documents

56.1 (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

For greater certainty

(2)
For greater certainty, subsection (1) does not prohibit an act that is carried out
(a)
in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;
(b)
for genealogical purposes;
(c)
with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or
(d)
for a legitimate purpose related to the administration of justice. Definition of “identity document”
(3)
For the purposes of this section, “identity document” means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.
Punishment
(4)
Every person who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
is guilty of an offence punishable on summary conviction.
2009, c. 28, s. 1.
Forgery of or uttering forged passport


57. (1) Every one who, while in or out of Canada,

(a)
forges a passport, or
(b)
knowing that a passport is forged
(i)
uses, deals with or acts on it, or
(ii)
causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

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.
Definition of “passport”
(5)
In this section, “passport” means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of identifying the holder thereof.
Jurisdiction
(6)
Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.
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.
Fraudulent use of certificate of citizenship

58. (1) Every one who, while in or out of Canada,

(a)
uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or
(b)
being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Definition of “certificate of citizenship” and “certificate of naturalization”

(2) In this section, “certificate of citizenship” and “certificate of naturalization”, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

R.S., c. C-34, s. 59; 1974-75-76, c. 108, s. 41.

Sedition

Seditious words

59. (1) Seditious words are words that express a seditious intention.

Seditious libel

(2)
A seditious libel is a libel that expresses a seditious intention. Seditious conspiracy
(3)
A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.
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.
Exception

60. Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

(a)
to show that Her Majesty has been misled or mistaken in her measures;
(b)
to point out errors or defects in
(i)
the government or constitution of Canada or a province,
(ii)
Parliament or the legislature of a province, or

(iii) the administration of justice in Canada;

(c)
to procure, by lawful means, the alteration of any matter of government in Canada; or
(d)
to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

R.S., c. C-34, s. 61.

Punishment of seditious offences

61. Every one who

(a)
speaks seditious words,
(b)
publishes a seditious libel, or
(c)
is a party to a seditious conspiracy,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding
fourteen years.
R.S., c. C-34, s. 62.
Offences in relation to military forces

62. (1) Every one who wilfully

(a)
interferes with, impairs or influences the loyalty or discipline of a member of a force,
(b)
publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or
(c)
advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

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

Unlawful assembly 63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

(a)
will disturb the peace tumultuously; or
(b)
will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
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.
Exception
(3)
Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

R.S., c. C-34, s. 64.

Riot

  1. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
    R.S., c. C-34, s. 65.
    Punishment of rioter


    1. 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.
    2. R.S., c. C-34, s. 66.
      Punishment for unlawful assembly

    1. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
    2. R.S., c. C-34, s. 67. Reading proclamation
  2. 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.

Offences related to proclamation

68. Every one is guilty of an indictable offence and liable to imprisonment for life who

(a)
opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;
(b)
does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or
(c)
does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.

R.S., c. C-34, s. 69.

Neglect by peace officer

69. A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 70.

Unlawful Drilling

Orders by Governor in Council

70. (1) The Governor in Council may, by proclamation, make orders

(a)
to prohibit assemblies, without lawful authority, of persons for the purpose
(i)
of training or drilling themselves,
(ii)
of being trained or drilled to the use of arms, or

(iii) of practising military exercises; or

(b)
to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.
General or special order
(2)
An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.
Punishment
(3)
Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F).

Duels

Duelling

71. Every one who

(a)
challenges or attempts by any means to provoke another person to fight a duel,
(b)
attempts to provoke a person to challenge another person to fight a duel, or
(c)
accepts a challenge to fight a duel,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 72.

Forcible Entry and Detainer

Forcible entry

72. (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.

Matters not material

(1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.

Forcible detainer

(2)
A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.
Questions of law
(3)
The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.

R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.), s. 10; 1992, c. 1, s. 60(F). Punishment

73. Every person who commits forcible entry or forcible detainer is guilty of

(a)
an offence punishable on summary conviction; or
(b)
an indictable offence and liable to imprisonment for a term not exceeding two years. R.S., 1985, c. C-46, s. 73; R.S., 1985, c. 27 (1st Supp.), s. 11; 1992, c. 1, s. 58.

Piracy

Piracy by law of nations

74. (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

Punishment

(2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.

R.S., c. C-34, s. 75; 1974-75-76, c. 105, s. 3. Piratical acts

75. Every one who, while in or out of Canada,

(a)
steals a Canadian ship,
(b)
steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Canadian ship,
(c)
does or attempts to do a mutinous act on a Canadian ship, or
(d)
counsels a person to do anything mentioned in paragraph (a), (b) or (c),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding
fourteen years.
R.S., 1985, c. C-46, s. 75; R.S., 1985, c. 27 (1st Supp.), s. 7.

Offences against Air or Maritime Safety

Hijacking

76. Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft with intent

(a)
to cause any person on board the aircraft to be confined or imprisoned against his will,
(b)
to cause any person on board the aircraft to be transported against his will to any place other than the next scheduled place of landing of the aircraft,
(c)
to hold any person on board the aircraft for ransom or to service against his will, or
(d)
to cause the aircraft to deviate in a material respect from its flight plan, is guilty of an indictable offence and liable to imprisonment for life. 1972, c. 13, s. 6.

Endangering safety of aircraft or airport

77. Every one who

(a)
on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,
(b)
using a weapon, commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death and that endangers or is likely to endanger safety at the airport,
(c)
causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,
(d)
places or causes to be placed on board an aircraft in service anything that is likely to cause damage to the aircraft, that will render it incapable of flight or that is likely to endanger the safety of the aircraft in flight,
(e)
causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,
(f)
using a weapon, substance or device, destroys or causes serious damage to the facilities of an airport serving international civil aviation or to any aircraft not in service located there, or causes disruption of services of the airport, that endangers or is likely to endanger safety at the airport, or
(g)
endangers the safety of an aircraft in flight by communicating to any other person any
information that the person knows to be false,
is guilty of an indictable offence and liable to imprisonment for life.


R.S., 1985, c. C-46, s. 77; 1993, c. 7, s. 3. Offensive weapons and explosive substances

78. (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon or any explosive substance

(a)
without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or
(b)
with the consent referred to in paragraph (a) but without complying with all terms and conditions on which the consent was given,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

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.

Previous Version

Seizing control of ship or fixed platform

78.1 (1) Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment for life.

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.

False communication

(3)
Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty of an indictable offence and liable to imprisonment for life.
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.
Definitions
(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”

« navire »
“ship” means every description of vessel not permanently attached to the seabed, other
than a warship, a ship being used as a naval auxiliary or for customs or police purposes or
a ship that has been withdrawn from navigation or is laid up.

1993, c. 7, s. 4.

Dangerous Substances

Duty of care re explosive

79. Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

R.S., c. C-34, s. 77.

Breach of duty

80. Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

(a)
causes death or is likely to cause death to any person, is liable to imprisonment for life; or
(b)
causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 78.

Using explosives

81. (1) Every one commits an offence who

(a)
does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;
(b)
with intent to do bodily harm to any person
(i)
causes an explosive substance to explode,
(ii)
sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

(iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

(c)
with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or
(d)
makes or has in his possession or has under his care or control any explosive substance with intent thereby
(i)
to endanger life or to cause serious damage to property, or
(ii)
to enable another person to endanger life or to cause serious damage to property. Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable
(a)
for an offence under paragraph (1)(a) or (b), to imprisonment for life; or
(b)
for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 79.
Possession without lawful excuse

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).

Sentences to be served consecutively

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.

Prize Fights

Engaging in prize fight

83. (1) Every one who

(a)
engages as a principal in a prize fight,
(b)
advises, encourages or promotes a prize fight, or
(c)
is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter,

is guilty of an offence punishable on summary conviction.

Definition of “prize fight”

(2) In this section, “prize fight” means an encounter or fight with fists or hands between two persons who have met for that purpose by previous arrangement made by or for them, but a boxing contest between amateur sportsmen, where the contestants wear boxing gloves of not less than one hundred and forty grams each in mass, or any boxing contest held with the permission or under the authority of an athletic board or commission or similar body established by or under the authority of the legislature of a province for the control of sport within the province, shall be deemed not to be a prize fight.

R.S., 1985, c. C-46, s. 83; R.S., 1985, c. 27 (1st Supp.), s. 186.

PART II.1 TERRORISM Interpretation

Definitions

83.01 (1) The following definitions apply in this Part.
“Canadian”
« Canadien »
“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”

« entité »
“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.

For greater certainty

(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.

Facilitation

(2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).

2001, c. 41, ss. 4, 126.

Financing of Terrorism

Providing or collecting property for certain activities

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.

Providing, making available, etc., property or services for terrorist purposes

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.
Using or possessing property for terrorist purposes

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.

List of Entities

Establishment of list

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).

Recommendation

(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).

Application to Minister

(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.
Deeming
(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).
Judicial review
(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.
Reference
(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.

Evidence (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.

Publication

(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.
New application
(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).
Review of list
(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.
Completion of review
(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.
Definition of “judge”
(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.


Previous Version Admission of foreign information obtained in confidence

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.
Return of information
(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. Use of information
(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.

Previous Version

Mistaken identity

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.

Issuance of certificate

(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. Previous Version

Freezing of Property

Freezing of property

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.
No civil liability
(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.

Exemptions

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.
Third party involvement
(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. Previous Version Disclosure

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).
Immunity
(2)
No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

2001, c. 41, s. 4. Audit

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.
Monthly report
(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.
Immunity
(3)
No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).
Regulations
(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.
Offences — freezing of property, disclosure or audit


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.
No contravention
(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

Seizure and restraint of assets

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.

Contents of application

(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.

Appointment of manager

(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.
Power to manage
(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.
Notice
(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.
Manner of giving notice
(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.
Order
(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.
Application to vary
(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).
Procedure
(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).
Procedure
(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.

Forfeiture of Property

Application for order of forfeiture

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.
Contents of application
(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.
Respondents
(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.
Notice
(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.

Use of proceeds

(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).

Regulations

(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.
Notice
(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.
Third party interests
(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.

Dwelling-house

(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.
No extension of time
(11)
The Court may not extend the period set out in subsection (10).

2001, c. 41, s. 4.

Disposition of property

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.

Interim preservation rights

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.
Other forfeiture provisions unaffected

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

Participation in activity of terrorist group

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.

Prosecution

(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.
Factors
(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. Facilitating terrorist activity

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.

Facilitation

(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.
Commission of offence for terrorist group


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.

Instructing to carry out activity for terrorist group

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.

Prosecution

(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.
Instructing to carry out terrorist activity

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.

Prosecution

(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. Harbouring or concealing

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

Hoax — 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.
Punishment
(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. Causing bodily harm
(3)
Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of
(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.
Causing death
(4)
Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

2004, c. 15, s. 32.

Proceedings and Aggravated Punishment

Attorney General’s consent

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. Jurisdiction

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.

Trial and punishment

(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.

Sentences to be served consecutively

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.

Punishment for terrorist activity

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.

Investigative Hearing

Definition of “judge”

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.
Making of order
(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.

Contents of order

(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.
Execution of order
(6)
An order made under subsection (4) may be executed anywhere in Canada. Variation of order
(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.
Judge to rule
(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.
Right to counsel
(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.

Arrest warrant

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.
Execution of warrant
(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

Attorney General’s consent required to lay information

83.3 (1) The consent of the Attorney General is required before a peace officer may lay an information under subsection (2).

Terrorist activity

(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.
Appearance
(3)
A provincial court judge who receives an information under subsection (2) may cause the person to appear before the provincial court judge.
Arrest without warrant
(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).

Duty of peace officer

(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.

How person dealt with

(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.
Hearing before judge
(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.
Conditions — firearms
(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.
Reasons
(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.
Variance of conditions
(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.

Surrender, etc.

2001, c. 41, s. 4.
Annual report (sections 83.28 and 83.29)

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). Limitation
(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.
Previous Version
Sunset provision



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).

Order in Council

(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.
Rules
(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.
Subsequent extensions
(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.

Transitional provision

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.

Transitional provision

(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 Interpretation

Definitions

84. (1) In this Part,
“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”
« arbalète »
“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”

« exporter »

“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”
« importer »
“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”
« permis »
“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”
« cession »
“transfer” means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or



deliver.
Barrel length


(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.

Meaning of “holder”

(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.
Subsequent offences
(5)
In determining, for the purpose of subsection 85(3), 95(2), 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);
(b)
an offence under section 244 or 244.2; or
(c)
an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

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; 2008, c. 6, s. 2; 2009, c. 22, s. 2.

Previous Version

Use Offences

Using firearm in commission of offence

85. (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,

(a)
while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 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. 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. Punishment
(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; and
(b)
in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.
(c)
[Repealed, 2008, c. 6, s. 3] 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; 2008, c. 6, s. 3; 2009, c. 22,

s. 3.
Previous Version
Careless use of firearm, etc.

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.
Punishment
(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. Pointing a firearm

87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

Punishment

(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.

Possession Offences

Possession of weapon for dangerous purpose

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.

Punishment

(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.
Carrying weapon while attending public meeting


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.

Punishment

(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. Carrying concealed weapon

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.

Punishment

(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.
Unauthorized possession of firearm


91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being 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), 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, without being the holder of a licence under which the person may possess it.
Punishment
(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. Exceptions
(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; 2008, c. 6, s. 4.
Previous Version
Possession of firearm knowing its possession is unauthorized

92. (1) Subject to subsections (4) and (5), 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), 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.
Punishment
(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.
Exceptions
(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; 2008, c. 6, s. 5.

Previous Version

Possession at unauthorized place

93. (1) Subject to subsection (3), 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. Punishment
(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.
Exception

(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; 2008, c. 6, s. 6.
Previous Version
Unauthorized possession in motor vehicle



94. (1) Subject to subsections (3) to (5), 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.
Punishment
(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.
Exception
(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.
Exception
(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; 2008, c. 6, s. 7.


Previous Version Possession of prohibited or restricted firearm with ammunition

95. (1) Subject to subsection (3), 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. Punishment
(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 10 years and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, three years, and
(ii)
in the case of a second or subsequent offence, five years; or
(b)
is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
Exception
(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; 2008, c. 6, s. 8. Previous Version Possession of weapon obtained by commission of offence

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.

Punishment

(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.
Exception
(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.

  1. [Not in force]
    Breaking and entering to steal firearm

  2. (1) Every person commits an offence who
(a)
breaks and enters a place with intent to steal a firearm located in it;
(b)
breaks and enters a place and steals a firearm located in it; or
(c)
breaks out of a place after
(i)
stealing a firearm located in it, or
(ii)
entering the place with intent to steal a firearm located in it. Definitions of “break” and “place”
(2)
In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
Entrance
(3)
For the purposes of this section,
(a)
a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and
(b)
a person is deemed to have broken and entered if he or she
(i)
obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii)
entered without lawful justification or excuse by a permanent or temporary opening. Punishment
(4)
Every person who commits an offence under subsection (1) is guilty of an indictable

offence and liable to imprisonment for life.
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; 2008, c. 6, s. 9.

Previous Version Robbery to steal firearm

98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.

2008, c. 6, s. 9.

Trafficking Offences

Weapons trafficking

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.

Punishment — firearm

(2)
Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a)
in the case of a first offence, three years; and
(b)
in the case of a second or subsequent offence, five years. Punishment — other cases
(3)
In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 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; 2008, c. 6, s. 10. Previous Version Possession for purpose of weapons trafficking

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. Punishment — firearm
(2)
Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a)
in the case of a first offence, three years; and
(b)
in the case of a second or subsequent offence, five years. Punishment — other cases
(3)
In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 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; 2008, c. 6, s. 11.

Previous Version Transfer without authority

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.

Punishment

(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.

Assembling Offence

Making automatic firearm 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.

Punishment

(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

Importing or exporting knowing it is unauthorized

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.

Punishment — firearm

(2)
Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a)
in the case of a first offence, three years; and
(b)
in the case of a second or subsequent offence, five years. Punishment — other cases

(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 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; 2008, c. 6, s. 12. Previous Version Unauthorized importing or exporting

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.

Punishment

(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.

Losing or finding

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.
Punishment
(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.
Destroying

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.

Punishment

(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.
False statements

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.

Punishment

(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. Tampering with serial number

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.
Punishment
(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.
Exception
(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.
Evidence
(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.

Prohibition Orders

Mandatory prohibition order

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.
(5)
Sections 113 to 117 apply in respect of every order made under subsection (1).

Application of ss. 113 to 117 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.

Previous Version

Discretionary prohibition order

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.
Reasons
(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.
(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).

Definition of “release from imprisonment” R.S., 1985, c. C-46, s. 110; 1991, c. 40, ss. 23, 40; 1995, c. 39, ss. 139, 190.

Application for prohibition order

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.
Hearing of application
(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.
Prohibition order
(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.

Reasons

(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.

Revocation of prohibition order under s. 111(5) 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.

Lifting of prohibition order for sustenance or employment

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.

Factors

(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.
Effect of order
(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.
When order can be made
(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.

Requirement to surrender

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.

Forfeiture

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.

Exception

(1.1) Subsection (1) does not apply in respect of an order made under section 515. Disposal

(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.

Previous Version Authorizations revoked or amended

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. Previous Version Return to owner

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.

Possession contrary to order

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.
Punishment
(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.
Exception
(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.

Limitations on Access

Application for order

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.
Hearing of application
(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.
Order
(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.
Terms and conditions
(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.
(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.

Appeal by person or Attorney General 1995, c. 39, s. 139.

Revocation of order under s. 117.011

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.

Search and Seizure

Search and seizure without warrant where offence committed

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.
Seizure on failure to produce authorization

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.

Application for warrant to search and seize

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.
Return to justice
(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.
(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.

Authorizations, etc., revoked 1995, c. 39, s. 139; 2004, c. 12, s. 3.

Previous Version

Application for disposition

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.

Ex parte hearing

(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.
Hearing of application
(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.
Reasons
(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).
Appeal by person
(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.

Where no finding or application

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.

Exempted Persons

Public officers

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).


Previous Version Individuals acting for police force, Canadian Forces and visiting forces

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.

Employees of business with licence

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.
Employees of carriers
(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.

Public safety

(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.
Conditions
(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.

Restriction

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.

General

Onus on the accused

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.

Authorizations, etc., as evidence

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.

Certified copies

(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.

Certificate of analyst

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.

Attendance of analyst

(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)
and (5) [Repealed, 2008, c. 18, s. 2]
1995, c. 39, s. 139; 2008, c. 18, s. 2.
Previous Version
Amnesty period



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.

Regulations

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.

Restriction

(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

Interpretation

Definitions

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 or elected to discharge a public duty;
“witness”
« témoin »
“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; 2007, c. 13, s. 2. Previous Version

Corruption and Disobedience

Bribery of judicial officers, etc.

119. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

(a)
being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable
consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or
(b)
directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.
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., 1985, c. C-46, s. 119; 2007, c. 13, s. 3.

Previous Version Bribery of officers

120. Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years 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, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent
(i)
to interfere with the administration of justice,
(ii)
to procure or facilitate the commission of an offence, or

(iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or

(b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).

R.S., 1985, c. C-46, s. 120; 2007, c. 13, s. 4.

Previous Version

Frauds on the government

121. (1) Every one commits an offence who

(a)
directly or indirectly
(i)
gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or
(ii)
being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

(iii) the transaction of business with or any matter of business relating to the government, or

(iv)
a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,
whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;
(b)
having dealings of any kind with the government, directly or indirectly 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 the dealings take place, or to any member of the employee’s or official’s family, or to anyone for the benefit of the employee or official, with respect to those dealings, unless the person has the consent in writing of the head of the branch of government with which the dealings take place;
(c)
being an official or employee of the government, directly or indirectly 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 for themselves or another person, unless they have the consent in writing of the head of the branch of government that employs them or of which they are an official;
(d)
having or pretending to have influence with the government or with a minister of the government or an official, directly or indirectly demands, accepts or offers or agrees to accept, for themselves 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 themselves, to an office;
(e)
directly or indirectly gives or offers, or agrees to give or offer, to a minister of the government or an official, or to anyone for the benefit of a minister or an official, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with
(i)
anything mentioned in subparagraph (a)(iii) or (iv), or
(ii)
the appointment of any person, including themselves, to an office; or
(f)
having made a tender to obtain a contract with the government,
(i)
directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person’s 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)
directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own 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.
Punishment
(3)
Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., 1985, c. C-46, s. 121; 2007, c. 13, s. 5.

Previous Version

Breach of trust by public officer 122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.

R.S., c. C-34, s. 111.

Municipal corruption

123. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

(a)
to abstain from voting at a meeting of the municipal council or a committee of the council;
(b)
to vote in favour of or against a measure, motion or resolution;
(c)
to aid in procuring or preventing the adoption of a measure, motion or resolution; or
(d)
to perform or fail to perform an official act. Influencing municipal official
(2)
Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by
(a)
suppression of the truth, in the case of a person who is under a duty to disclose the truth;
(b)
threats or deceit; or
(c)
any unlawful means. 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; 2007, c. 13, s. 6. Previous Version Selling or purchasing office

124. Every one who

(a)
purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or
(b)
purports to purchase or gives a reward or profit for the purported purchase of any such

appointment, resignation or consent, or agrees or promises to do so,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five
years.

R.S., c. C-34, s. 113.
Influencing or negotiating appointments or dealing in offices

125. Every one who

(a)
receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,
(b)
solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or
(c)
keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to
(i)
the filling of vacancies in offices,
(ii)
the sale or purchase of offices, or

(iii) appointments to or resignations from offices,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five
years.
R.S., c. C-34, s. 114.
Disobeying a statute

126. (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

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).

Disobeying order of court

127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

(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.

Previous Version

Misconduct of officers executing process

128. Every peace officer or coroner who, being entrusted with the execution of a process, wilfully

(a)
misconducts himself in the execution of the process, or
(b)
makes a false return to the process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 117.

Offences relating to public or peace officer

129. Every one who

(a)
resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b)
omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c)
resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d)
an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e)
an offence punishable on summary conviction. R.S., c. C-34, s. 118; 1972, c. 13, s. 7. Personating peace officer

130. (1) Everyone commits an offence 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.
Punishment
(2)
Everyone who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 130; 2009, c. 28, s. 2.

Previous Version

Misleading Justice

Perjury

131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

Video links, etc.

(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.

Idem

(2)
Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.
Application
(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.

Punishment

  1. Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
  2. 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. 132; R.S., 1985, c. 27 (1st Supp.), s. 17; 1998, c. 35, s. 119.

Corroboration R.S., 1985, c. C-46, s. 133; R.S., 1985, c. 27 (1st Supp.), s. 17.

Idem

134. (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.

Application

(2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.

R.S., 1985, c. C-46, s. 134; R.S., 1985, c. 27 (1st Supp.), s. 17.

    1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]
    2. Witness giving contradictory evidence
  1. (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).

Definition of “evidence”

(2) Notwithstanding the definition “evidence” in section 118, “evidence”, for the purposes of this section, does not include evidence that is not material.

Proof of former trial

(2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy.

Consent required

(3) No proceedings shall be instituted under this section without the consent of the Attorney General.

R.S., 1985, c. C-46, s. 136; R.S., 1985, c. 27 (1st Supp.), ss. 18, 203; 1999, c. 18, s. 93.

Fabricating evidence

137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 125.

Offences relating to affidavits

138. Every one who

(a)
signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,
(b)
uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
(c)
signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 126.

Obstructing justice

139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

(a)
by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
(b)
where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,
is guilty of
(c)
an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(d)
an offence punishable on summary conviction. Idem
(2)
Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Idem
(3)
Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(a)
dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b)
influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c)
accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

R.S., c. C-34, s. 127; R.S., c. 2(2nd Supp.), s. 3; 1972, c. 13, s. 8.

Public mischief 140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

(a)
making a false statement that accuses some other person of having committed an offence;
(b)
doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c)
reporting that an offence has been committed when it has not been committed; or
(d)
reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
Punishment
(2)
Every one who commits public mischief
(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)
is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 140; R.S., 1985, c. 27 (1st Supp.), s. 19. Compounding indictable offence

141. (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

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.

Corruptly taking reward for recovery of goods

142. Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 130.

Advertising reward and immunity

143. Every one who

(a)
publicly advertises a reward for the return of anything that has been stolen or lost, and in the advertisement uses words to indicate that no questions will be asked if it is returned,
(b)
uses words in a public advertisement to indicate that a reward will be given or paid for anything that has been stolen or lost, without interference with or inquiry about the person who produces it,
(c)
promises or offers in a public advertisement to return to a person who has advanced money by way of loan on, or has bought, anything that has been stolen or lost, the money so advanced or paid, or any other sum of money for the return of that thing, or
(d)
prints or publishes any advertisement referred to in paragraph (a), (b) or (c),
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 131.


Escapes and Rescues

Prison breach

144. Every one who

(a)
by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or
(b)
with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., c. C-34, s. 132; 1976-77, c. 53, s. 5. Escape and being at large without excuse

145. (1) Every one who

(a)
escapes from lawful custody, or
(b)
is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

Failure to attend court

(2)
Every one who,
(a)
being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
(b)
having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,

or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

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, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or 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. 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. Idem
(6)
For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
(7)
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20] 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; 2008, c. 18, s. 3.
Previous Version
Permitting or assisting escape

146. Every one who

(a)
permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
(b)
conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or
(c)
directs or procures, under colour of pretended authority, the discharge of a prisoner

who is not entitled to be discharged,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two
years.

R.S., c. C-34, s. 134. Rescue or permitting escape

147. Every one who

(a)
rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,
(b)
being a peace officer, wilfully permits a person in his lawful custody to escape, or
(c)
being an officer of or an employee in a prison, wilfully permits a person to escape

from lawful custody therein,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five
years.

R.S., c. C-34, s. 135.
Assisting prisoner of war to escape

148. Every one who knowingly and wilfully

(a)
assists a prisoner of war in Canada to escape from a place where he is detained, or

(b)
assists a prisoner of war, who is permitted to be at large on parole in Canada, to

escape from the place where he is at large on parole,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five
years.

R.S., c. C-34, s. 136. Service of term for escape

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.

Definition of “escape”

(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

Interpretation

Definitions

150. In this Part,
“guardian”
« tuteur »
“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”

« théâtre »

“theatre” includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission.

R.S., c. C-34, s. 138.

Sexual Offences

Consent no defence

150.1 (1) Subject to subsections (2) to (2.2), when 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 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

Exception — complainant aged 12 or 13

(2)
When 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 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused
(a)
is less than two years older than the complainant; and
(b)
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.

Exception — complainant aged 14 or 15

(2.1) When 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 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if

(a)
the accused
(i)
is less than five years older than the complainant; and
(ii)
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; or
(b)
the accused is married to the complainant.

Exception for transitional purposes

(2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

(a)
the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and
(b)
the accused 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.
Mistake of age
(4)
It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 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.
Idem
(5)
It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
Mistake of age
(6)
An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) 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; 2008, c. 6, ss. 13, 54. Previous Version Sexual interference

151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 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; 2008, c. 6, s. 54.

Previous Version

Invitation to sexual touching

152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 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 16 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; 2008, c. 6, s. 54.

Previous Version

Sexual exploitation

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.

Punishment

(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 16 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; 2008, c. 6, s. 54.

Previous Version

Sexual exploitation of person with disability

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.
Definition of “consent”
(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.
When no consent obtained
(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.

  1. [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1] Incest
  2. (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.

Punishment

(2)
Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Defence
(3)
No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.
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] Anal intercourse

159. (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

Exception

(2)
Subsection (1) does not apply to any act engaged in, in private, between
(a)
husband and wife, or
(b)
any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.
Idem



(3)
For the purposes of subsection (2),
(a)
an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and
(b)
a person shall be deemed not to consent to an act
(i)
if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or
(ii)
if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.

R.S., 1985, c. C-46, s. 159; R.S., 1985, c. 19 (3rd Supp.), s. 3. Bestiality

160. (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

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 16 years, commits bestiality or who incites a person under the age of 16 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; 2008, c. 6, s. 54.

Previous Version

Order of prohibition

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 16 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 16 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 16 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 16 years.

Offences

(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.
Duration of prohibition
(2)
The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of
(a)
the date on which the order is made; and
(b)
where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release.
Court may vary order
(3)
A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.
Offence
(4)
Every person who is bound by an order of prohibition and who does not comply with the order is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 161; R.S., 1985, c. 19 (3rd Supp.), s. 4; 1993, c. 45, s. 1; 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; 2008, c. 6, s. 54.

Previous Version Voyeurism

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.
Exemption
(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.
Punishment
(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.
Question of law, motives
(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.
Previous Version


Defence

Offences Tending to Corrupt Morals

Corrupting morals

163. (1) Every one commits an offence who

(a)
makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or
(b)
makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic.
Idem
(2)
Every one commits an offence who knowingly, without lawful justification or excuse,
(a)
sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record or other thing whatever;
(b)
publicly exhibits a disgusting object or an indecent show;
(c)
offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any means, instructions, medicine, drug or article intended or represented as a method of causing abortion or miscarriage; or
(d)
advertises or publishes an advertisement of any means, instructions, medicine, drug or article intended or represented as a method for restoring sexual virility or curing venereal diseases or diseases of the generative organs.
Defence of public good
(3)
No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.
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.
Motives irrelevant
(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.
Obscene publication
(8)
For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.

R.S., 1985, c. C-46, s. 163; 1993, c. 46, s. 1.

Definition of “child pornography”

163.1 (1) In this section, “child pornography” means

(a)
a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i)
that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii)
the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;
(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.
Making child pornography
(2)
Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a)
an indictable offence and liable to imprisonment for a term not exceeding ten years 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.

Interpretation

(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.

Aggravating factor

(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.

Defence

(5)
It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.
(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. Question of law
(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.

Defence 1993, c. 46, s. 2; 2002, c. 13, s. 5; 2005, c. 32, s. 7.

Previous Version

Warrant of seizure

164. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that

(a)
any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, within the meaning of section 163,
(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. Summons to occupier
(2)
Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.
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.
Order of forfeiture
(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.
Disposal of matter
(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.
Appeal
(6)
An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings
(a)
on any ground of appeal that involves a question of law alone,
(b)
on any ground of appeal that involves a question of fact alone, or
(c)
on any ground of appeal that involves a question of mixed law and fact,

as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI and sections 673 to 696 apply with such modifications as the circumstances require.

Consent

(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.

Definitions

(8) In this section,

“court”

« tribunal » “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”
« juge »
“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.

Previous Version

Warrant of seizure

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).
Non-appearance
(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.
Order
(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.

Destruction of copy

(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.
Return of material
(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.
When order takes effect
(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.


Previous Version Forfeiture of things used for child pornography

164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1 or 172.1, 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.
Third party rights
(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).
Application of Part XXI
(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; 2008, c. 18, s. 4.


Previous Version Relief from forfeiture

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).

Hearing of application

(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.
Order
(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. Tied sale

    1. 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.
    2. R.S., c. C-34, s. 161.
  1. [Repealed, 1994, c. 44, s. 9] Immoral theatrical performance
  2. (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.

Person taking part

(2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.

R.S., c. C-34, s. 163.

Mailing obscene matter

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.

Exceptions

(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. Punishment

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.
Parent or guardian procuring sexual activity


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 16 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 16 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; 2008, c. 6, s. 54.

Previous Version

Householder permitting sexual activity

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 and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of 16 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 is 16 years of age or more but under the age of eighteen years.

R.S., 1985, c. C-46, s. 171; R.S., 1985, c. 19 (3rd Supp.), s. 5; 2005, c. 32, s. 9.1; 2008, c. 6, s. 54.

Previous Version

Corrupting children

172. (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

(2)
[Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]
Definition of “child”
(3)
For the purposes of this section, “child” means a person who is or appears to be under the age of eighteen years.
Who may institute prosecutions
(4)
No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

R.S., 1985, c. C-46, s. 172; R.S., 1985, c. 19 (3rd Supp.), s. 6.

Luring a child

172.1 (1) Every person commits an offence who, by means of a computer system within the meaning of subsection 342.1(2), communicates with

(a)
a person who is, or who the accused believes is, under the age of eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person;
(b)
a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 280 with respect to that person; or
(c)
a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.
Punishment
(2)
Every person who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than ten years; or
(b)
an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Presumption re age
(3)
Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.
No defence
(4)
It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

2002, c. 13, s. 8; 2007, c. 20, s. 1; 2008, c. 6, s. 14.

Previous Version

Disorderly Conduct

Indecent acts

173. (1) Every one who wilfully does an indecent act

(a)
in a public place in the presence of one or more persons, or
(b)
in any place, with intent thereby to insult or offend any person, is guilty of an offence punishable on summary conviction. Exposure
(2)
Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years
(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b)
is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7; 2008, c. 6, s. 54; 2010, c.
17, s. 2.
Previous Version
Nudity

174. (1) Every one who, without lawful excuse,

(a)
is nude in a public place, or
(b)
is nude and exposed to public view while on private property, whether or not the property is his own,
is guilty of an offence punishable on summary conviction. Nude
(2)
For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.
Consent of Attorney General
(3)
No proceedings shall be commenced under this section without the consent of the Attorney General.

R.S., c. C-34, s. 170.
Causing disturbance, indecent exhibition, loitering, etc.

175. (1) Every one who

(a)
not being in a dwelling-house, causes a disturbance in or near a public place,
(i)
by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
(ii)
by being drunk, or

(iii) by impeding or molesting other persons,

(b)
openly exposes or exhibits an indecent exhibition in a public place,
(c)
loiters in a public place and in any way obstructs persons who are in that place, or
(d)
disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

is guilty of an offence punishable on summary conviction.

Evidence of peace officer

(2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.

R.S., 1985, c. C-46, s. 175; 1997, c. 18, s. 6.

Obstructing or violence to or arrest of officiating clergyman

176. (1) Every one who

(a)
by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling, or
(b)
knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)
(i)
assaults or offers any violence to him, or
(ii)
arrests him on a civil process, or under the pretence of executing a civil process,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Disturbing religious worship or certain meetings
(2)
Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.
Idem
(3)
Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 172.

Trespassing at night 177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 173.

Offensive volatile substance

178. Every one other than a peace officer engaged in the discharge of his duty who has in his possession in a public place or who deposits, throws or injects or causes to be deposited, thrown or injected in, into or near any place,

(a)
an offensive volatile substance that is likely to alarm, inconvenience, discommode or cause discomfort to any person or to cause damage to property, or
(b)
a stink or stench bomb or device from which any substance mentioned in paragraph
(a)
is or is capable of being liberated,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 174.
Vagrancy



179. (1) Every one commits vagrancy who

(a)
supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or
(b)
having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.
Punishment
(2)
Every one who commits vagrancy is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 179; R.S., 1985, c. 27 (1st Supp.), s. 22, c. 19 (3rd Supp.), s. 8.

Nuisances

Common nuisance

180. (1) Every one who commits a common nuisance and thereby

(a)
endangers the lives, safety or health of the public, or
(b)
causes physical injury to any person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Definition
(2)
For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby
(a)
endangers the lives, safety, health, property or comfort of the public; or
(b)
obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.

R.S., c. C-34, s. 176. Spreading false news

181. Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 177.

Dead body

182. Every one who

(a)
neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
(b)
improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 178.

PART VI INVASION OF PRIVACY Definitions

Definitions

183. In this Part,
“authorization”
« autorisation »
“authorization” means an authorization to intercept a private communication given under

section 186 or subsection 184.2(3), 184.3(6) or 188(2);
“electro-magnetic, acoustic, mechanical or other device”
« dispositif électromagnétique, acoustique, mécanique ou autre »
“electro-magnetic, acoustic, mechanical or other device” means any device or apparatus

that is used or is capable of being used to intercept a private communication, but does not

include a hearing aid used to correct subnormal hearing of the user to not better than

normal hearing;

“intercept”

« intercepter »

“intercept” includes listen to, record or acquire a communication or acquire the

substance, meaning or purport thereof;
“offence”
« infraction »
“offence” means an offence contrary to, any conspiracy or attempt to commit or being an

accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

(a)
any of the following provisions of this Act, namely,
(i)
section 47 (high treason),
(ii)
section 51 (intimidating Parliament or a legislature),

(iii) section 52 (sabotage),

(iii.1) section 56.1 (identity documents),

(iv)
section 57 (forgery, etc.),
(v)
section 61 (sedition),
(vi)
section 76 (hijacking),

(vii) section 77 (endangering safety of aircraft or airport),

(viii) section 78 (offensive weapons, etc., on aircraft),

(ix)
section 78.1 (offences against maritime navigation or fixed platforms),
(x)
section 80 (breach of duty),
(xi)
section 81 (using explosives),

(xii) section 82 (possessing explosives),

(xii.1) section 83.02 (providing or collecting property for certain activities),

(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),

(xii.3) section 83.04 (using or possessing property for terrorist purposes),

(xii.4) section 83.18 (participation in activity of terrorist group),

(xii.5) section 83.19 (facilitating terrorist activity),

(xii.6) section 83.2 (commission of offence for terrorist group),

(xii.7) section 83.21 (instructing to carry out activity for terrorist group),

(xii.8) section 83.22 (instructing to carry out terrorist activity),

(xii.9) section 83.23 (harbouring or concealing),

(xii.91) section 83.231 (hoax — terrorist activity),

(xiii) section 96 (possession of weapon obtained by commission of offence),

(xiii.1) section 98 (breaking and entering to steal firearm),

(xiii.2) section 98.1 (robbery to steal firearm),

(xiv) section 99 (weapons trafficking),

(xv) section 100 (possession for purpose of weapons trafficking),

(xvi) section 102 (making automatic firearm),

(xvii) section 103 (importing or exporting knowing it is unauthorized),

(xviii) section 104 (unauthorized importing or exporting),

(xix) section 119 (bribery, etc.),

(xx) section 120 (bribery, etc.),

(xxi) section 121 (fraud on government),

(xxii) section 122 (breach of trust),

(xxiii) section 123 (municipal corruption),

(xxiv) section 132 (perjury),

(xxv) section 139 (obstructing justice),

(xxvi) section 144 (prison breach),

(xxvii) subsection 145(1) (escape, etc.),

(xxvii.1) section 162 (voyeurism),

(xxviii) paragraph 163(1)(a) (obscene materials),

(xxix) section 163.1 (child pornography),

(xxx) section 184 (unlawful interception),

(xxxi) section 191 (possession of intercepting device),

(xxxii) subsection 201(1) (keeping gaming or betting house),

(xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

(xxxiv) subsection 210(1) (keeping common bawdy house),

(xxxv) subsection 212(1) (procuring),

(xxxvi) subsection 212(2) (procuring),

(xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

(xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),

(xxxix) section 235 (murder),

(xxxix.1) section 244 (discharging firearm with intent),

(xxxix.2) section 244.2 (discharging firearm — recklessness),

(xn( �/span> section 264.1 (uttering threats),

(xli) section 267 (assault with a weapon or causing bodily harm),

(xlii) section 268 (aggravated assault),

(xliii) section 269 (unlawfully causing bodily harm),

(xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

(xliii.2) section 270.02 (aggravated assault of peace officer),

(xliv) section 271 (sexual assault),

(xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(xlvi) section 273 (aggravated sexual assault),

(xlvii) section 279 (kidnapping),

(xlvii.1) section 279.01 (trafficking in persons),

( xlvii.11 ) section 279.011 (trafficking of a person under the age of eighteen years),

(xlvii.2) section 279.02 (material benefit),

(xlvii.3) section 279.03 (withholding or destroying documents),

(xlviii) section 279.1 (hostage taking),

(xlix) section 280 (abduction of person under sixteen),

(n( �/span>
section 281 (abduction of person under fourteen),
(li)
section 282 (abduction in contravention of custody order),

(lii) section 283 (abduction),

(liii) section 318 (advocating genocide),

(liv) section 327 (possession of device to obtain telecommunication facility or service),

(lv) section 334 (theft),

(lvi) section 342 (theft, forgery, etc., of credit card),

(lvi.1) section 342.01 (instruments for copying credit card data or forging or falsifying credit cards),

(lvii) section 342.1 (unauthorized use of computer),

(lviii) section 342.2 (possession of device to obtain computer service),

(lix) section 344 (robbery),

(lx) section 346 (extortion),

(lxi) section 347 (criminal interest rate),

(lxii) section 348 (breaking and entering),

(lxiii) section 354 (possession of property obtained by crime),

(lxiv) section 356 (theft from mail),

(lxv) section 367 (forgery),

(lxvi) section 368 (use, trafficking or possession of forged document),

(lxvi.1) section 368.1 (forgery instruments),

(lxvii) section 372 (false messages),

(lxviii) section 380 (fraud),

(lxix) section 381 (using mails to defraud),

(lxx) section 382 (fraudulent manipulation of stock exchange transactions),

(lxx.1) subsection 402.2(1) (identity theft),

(lxx.2) subsection 402.2(2) (trafficking in identity information),

(lxx.3) section 403 (identity fraud),

(lxxi) section 423.1 (intimidation of justice system participant or journalist),

(lxxii) section 424 (threat to commit offences against internationally protected person),

(lxxii.1) section 424.1 (threat against United Nations or associated personnel),

(lxxiii) section 426 (secret commissions),

(lxxiv) section 430 (mischief),

(lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

(lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

(lxxv.2) subsection 431.2(2) (explosive or other lethal device),

(lxxvi) section 433 (arson),

(lxxvii) section 434 (arson),

(lxxviii) section 434.1 (arson),

(lxxix) section 435 (arson for fraudulent purpose),

(lxxx) section 449 (making counterfeit money),

(lxxxi) section 450 (possession, etc., of counterfeit money),

(lxxxii) section 452 (uttering, etc., counterfeit money),

(lxxxiii) section 462.31 (laundering proceeds of crime),

(lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),

(lxxxv) section 467.11 (participation in criminal organization),

(lxxxvi) section 467.12 (commission of offence for criminal organization), or

(lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

(b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

(b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

(i)
section 6 (production, etc., of biological agents and means of delivery), or
(ii)
section 7 (unauthorized production, etc., of biological agents),
(c)
any of the following provisions of the Competition Act, namely,
(i)
section 45 (conspiracies, agreements or arrangements between competitors),
(ii)
section 47 (bid-rigging), or

(iii) subsection 52.1(3) (deceptive telemarketing),

(d)
any of the following provisions of the Controlled Drugs and Substances Act, namely,
(i)
section 5 (trafficking),
(ii)
section 6 (importing and exporting), or

(iii) section 7 (production),

(e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

(e.1) the Crimes Against Humanity and War Crimes Act,

(f)
either of the following provisions of the Customs Act, namely,
(i)
section 153 (false statements), or
(ii)
section 159 (smuggling),
(g)
any of the following provisions of the Excise Act, 2001, namely,
(i)
section 214 (unlawful production, sale, etc., of tobacco or alcohol),
(ii)
section 216 (unlawful possession of tobacco product),

(iii) section 218 (unlawful possession, sale, etc., of alcohol),

(iv)
section 219 (falsifying or destroying records),
(v)
section 230 (possession of property obtained by excise offences), or
(vi)
section 231 (laundering proceeds of excise offences),
(h)
any of the following provisions of the Export and Import Permits Act, namely,
(i)
section 13 (export or attempt to export),
(ii)
section 14 (import or attempt to import),

(iii) section 15 (diversion, etc.),

(iv)
section 16 (no transfer of permits),
(v)
section 17 (false information), or
(vi)
section 18 (aiding and abetting),
(i)
any of the following provisions of the Immigration and Refugee Protection Act, namely,
(i)
section 117 (organizing entry into Canada),
(ii)
section 118 (trafficking in persons),

(iii) section 119 (disembarking persons at sea),

(iv)
section 122 (offences related to documents),
(v)
section 126 (counselling misrepresentation), or
(vi)
section 129 (offences relating to officers), or
(j)
any offence under the Security of Information Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2; “private communication”

« communication privée »

“private communication” means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;

“public switched telephone network”

« réseau téléphonique public commuté »

“public switched telephone network” means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation;

“radio-based telephone communication”

« communication radiotéléphonique »

“radio-based telephone communication” means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network;

“sell”

« vendre »

“sell” includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale;

“solicitor”

« avocat »

“solicitor” means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor.

R.S., 1985, c. C-46, s. 183; R.S., 1985, c. 27 (1st Supp.), ss. 7, 23, c. 1 (2nd Supp.), s. 213, c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.), s. 17, c. 42 (4th Supp.), s. 1; 1991, c. 28, s. 12; 1992, c. 27, s. 90; 1993, c. 7, s. 5, c. 25, s. 94, c. 40, s. 1, c. 46, s. 4; 1995, c. 39, s.

140; 1996, c. 19, s. 66; 1997, c. 18, s. 7, c. 23, s. 3; 1998, c. 34, s. 8; 1999, c. 2, s. 47, c. 5,

s. 4; 2000, c. 24, s. 43; 2001, c. 32, s. 4, c. 41, ss. 5, 31, 133; 2002, c. 22, s. 409; 2004, c. 15, s. 108; 2005, c. 32, s. 10, c. 43, s. 1; 2008, c. 6, s. 15; 2009, c. 2, s. 442, c. 22, s. 4, c. 28, s. 3; 2010, c. 3, s. 1.

Previous Version

Consent to interception

183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.

1993, c. 40, s. 2.

Interception of Communications

Interception

184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Saving provision

(2)
Subsection (1) does not apply to
(a)
a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;
(b)
a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;
(c)
a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,
(i)
if the interception is necessary for the purpose of providing the service,
(ii)
in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or

(iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service;

(d)
an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or
(e)
a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for
(i)
managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or
(ii)
protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).
Use or retention
(3)
A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if
(a)
it is essential to identify, isolate or prevent harm to the computer system; or
(b)
it is to be disclosed in circumstances referred to in subsection 193(2).
R.S., 1985, c. C-46, s. 184; 1993, c. 40, s. 3; 2004, c. 12, s. 4.
Previous Version
Interception to prevent bodily harm




184.1 (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if

(a)
either the originator of the private communication or the person intended by the originator to receive it has consented to the interception;
(b)
the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and
(c)
the purpose of the interception is to prevent the bodily harm. Admissibility of intercepted communication
(2)
The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person.
Destruction of recordings and transcripts
(3)
The agent of the state who intercepts a private communication pursuant to subsection
(1)
shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur.
Definition of “agent of the state”
(4)
For the purposes of this section, “agent of the state” means
(a)
a peace officer; and
(b)
a person acting under the authority of, or in cooperation with, a peace officer.

1993, c. 40, s. 4.

Interception with consent

184.2 (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to subsection (3).

Application for authorization

(2)
An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, ex parte and in writing to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, and shall be accompanied by an affidavit, which may be sworn on the information and belief of that peace officer or public officer or of any other peace officer or public officer, deposing to the following matters:
(a)
that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;
(b)
the particulars of the offence;
(c)
the name of the person who has consented to the interception;
(d)
the period for which the authorization is requested; and
(e)
in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.
Judge to be satisfied
(3)
An authorization may be given under this section if the judge to whom the application is made is satisfied that
(a)
there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;
(b)
either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; and
(c)
there are reasonable grounds to believe that information concerning the offence referred to in paragraph (a) will be obtained through the interception sought.
Content and limitation of authorization
(4)
An authorization given under this section shall
(a)
state the offence in respect of which private communications may be intercepted;
(b)
state the type of private communication that may be intercepted;
(c)
state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;
(d)
contain the terms and conditions that the judge considers advisable in the public interest; and
(e)
be valid for the period, not exceeding sixty days, set out therein.
1993, c. 40, s. 4.
Application by means of telecommunication


184.3 (1) Notwithstanding section 184.2, an application for an authorization under subsection 184.2(2) may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.

Application

(2)
An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2(2)(a) to (e) and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.
Recording
(3)
The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187(1) and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.
Oath
(4)
For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.
Alternative to oath
(5)
An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection (2), make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.
Authorization
(6)
Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) exist and that the circumstances referred to in subsection (2) make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.
(7)
Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,
(a)
the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
(b)
the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and
(c)
the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.
Giving authorization where telecommunication produces writing
(8)
Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall
(a)
complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
(b)
transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph (7)(b); and
(c)
as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

Giving authorization 1993, c. 40, s. 4.

Interception in exceptional circumstances

184.4 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where

(a)
the peace officer believes on reasonable grounds that the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part;
(b)
the peace officer believes on reasonable grounds that such an interception is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and
(c)
either the originator of the private communication or the person intended by the originator to receive it is the person who would perform the act that is likely to cause the harm or is the victim, or intended victim, of the harm.

1993, c. 40, s. 4.

Interception of radio-based telephone communications

184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Other provisions to apply

(2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194 to 196 apply, with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1).

1993, c. 40, s. 4.

One application for authorization sufficient

184.6 For greater certainty, an application for an authorization under this Part may be made with respect to both private communications and radio-based telephone communications at the same time.

1993, c. 40, s. 4.

Application for authorization

185. (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by

(a)
the Minister personally or the Deputy Minister of Public Safety and Emergency Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
(b)
the Attorney General of a province personally or the Deputy Attorney General of a province personally, in any other case,
and shall be accompanied by an affidavit, which may be sworn on the information and belief of a peace officer or public officer deposing to the following matters:
(c)
the facts relied on to justify the belief that an authorization should be given together with particulars of the offence,
(d)
the type of private communication proposed to be intercepted,
(e)
the names, addresses and occupations, if known, of all persons, the interception of whose private communications there are reasonable grounds to believe may assist the investigation of the offence, a general description of the nature and location of the place, if known, at which private communications are proposed to be intercepted and a general description of the manner of interception proposed to be used,
(f)
the number of instances, if any, on which an application has been made under this section in relation to the offence and a person named in the affidavit pursuant to paragraph (e) and on which the application was withdrawn or no authorization was given, the date on which each application was made and the name of the judge to whom each application was made,
(g)
the period for which the authorization is requested, and
(h)
whether other investigative procedures have been tried and have failed or why it appears they are unlikely to succeed or that the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

Exception for criminal organizations and terrorist groups

(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

(a)
an offence under section 467.11, 467.12 or 467.13;
(b)
an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c)
a terrorism offence.
Extension of period for notification
(2)
An application for an authorization may be accompanied by an application, personally signed by the Attorney General of the province in which the application for the authorization is made or the Minister of Public Safety and Emergency Preparedness if the application for the authorization is made by him or on his behalf, to substitute for the

period mentioned in subsection 196(1) such longer period not exceeding three years as is set out in the application.

Where extension to be granted

(3)
Where an application for an authorization is accompanied by an application referred to in subsection (2), the judge to whom the applications are made shall first consider the application referred to in subsection (2) and where, on the basis of the affidavit in support of the application for the authorization and any other affidavit evidence submitted in support of the application referred to in subsection (2), the judge is of the opinion that the interests of justice warrant the granting of the application, he shall fix a period, not exceeding three years, in substitution for the period mentioned in subsection 196(1).
Where extension not granted
(4)
Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or where the judge fixes a period in substitution therefor that is less than the period set out in the application referred to in subsection (2), the person appearing before the judge on the application for the authorization may withdraw the application for the authorization and thereupon the judge shall not proceed to consider the application for the authorization or to give the authorization and shall return to the person appearing before him on the application for the authorization both applications and all other material pertaining thereto.

R.S., 1985, c. C-46, s. 185; 1993, c. 40, s. 5; 1997, c. 18, s. 8, c. 23, s. 4; 2001, c. 32, s. 5,

c. 41, ss. 6, 133; 2005, c. 10, ss. 22, 34.

Previous Version

Judge to be satisfied

186. (1) An authorization under this section may be given if the judge to whom the application is made is satisfied

(a)
that it would be in the best interests of the administration of justice to do so; and
(b)
that other investigative procedures have been tried and have failed, other investigative procedures are unlikely to succeed or the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

(a)
an offence under section 467.11, 467.12 or 467.13;
(b)
an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c)
a terrorism offence.
Where authorization not to be given
(2)
No authorization may be given to intercept a private communication at the office or residence of a solicitor, or at any other place ordinarily used by a solicitor and by other solicitors for the purpose of consultation with clients, unless the judge to whom the application is made is satisfied that there are reasonable grounds to believe that the solicitor, any other solicitor practising with him, any person employed by him or any other such solicitor or a member of the solicitor’s household has been or is about to become a party to an offence.
Terms and conditions
(3)
Where an authorization is given in relation to the interception of private communications at a place described in subsection (2), the judge by whom the authorization is given shall include therein such terms and conditions as he considers advisable to protect privileged communications between solicitors and clients.
Content and limitation of authorization
(4)
An authorization shall
(a)
state the offence in respect of which private communications may be intercepted;
(b)
state the type of private communication that may be intercepted;
(c)
state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;
(d)
contain such terms and conditions as the judge considers advisable in the public interest; and
(e)
be valid for the period, not exceeding sixty days, set out therein.
(5)
The Minister of Public Safety and Emergency Preparedness or the Attorney General, as the case may be, may designate a person or persons who may intercept private communications under authorizations.

Persons designated Installation and removal of device

(5.1) For greater certainty, an authorization that permits interception by means of an electro-magnetic, acoustic, mechanical or other device includes the authority to install, maintain or remove the device covertly.

Removal after expiry of authorization

(5.2) On an ex parte application, in writing, supported by affidavit, the judge who gave an authorization referred to in subsection (5.1) or any other judge having jurisdiction to give such an authorization may give a further authorization for the covert removal of the electro-magnetic, acoustic, mechanical or other device after the expiry of the original authorization

(a)
under any terms or conditions that the judge considers advisable in the public interest; and
(b)
during any specified period of not more than sixty days.
Renewal of authorization
(6)
Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters:
(a)
the reason and period for which the renewal is required,
(b)
full particulars, together with times and dates, when interceptions, if any, were made or attempted under the authorization, and any information that has been obtained by any interception, and
(c)
the number of instances, if any, on which, to the knowledge and belief of the deponent, an application has been made under this subsection in relation to the same authorization and on which the application was withdrawn or no renewal was given, the date on which each application was made and the name of the judge to whom each application was made,

and supported by such other information as the judge may require.

Renewal

(7) A renewal of an authorization may be given if the judge to whom the application is made is satisfied that any of the circumstances described in subsection (1) still obtain, but no renewal shall be for a period exceeding sixty days.

R.S., 1985, c. C-46, s. 186; 1993, c. 40, s. 6; 1997, c. 23, s. 5; 1999, c. 5, s. 5; 2001, c. 32,

s. 6, c. 41, ss. 6.1, 133; 2005, c. 10, ss. 23, 34.

Previous Version

Time limitation in relation to criminal organizations and terrorism offences

186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

(a)
an offence under section 467.11, 467.12 or 467.13;
(b)
an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c)
a terrorism offence.

1997, c. 23, s. 6; 2001, c. 32, s. 7, c. 41, ss. 7, 133.

Manner in which application to be kept secret

187. (1) All documents relating to an application made pursuant to any provision of this Part are confidential and, subject to subsection (1.1), shall be placed in a packet and sealed by the judge to whom the application is made immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and shall not be dealt with except in accordance with subsections (1.2) to (1.5).

Exception

(1.1) An authorization given under this Part need not be placed in the packet except where, pursuant to subsection 184.3(7) or (8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the facsimile remains with the applicant.

Opening for further applications (1.2) The sealed packet may be opened and its contents removed for the purpose of dealing with an application for a further authorization or with an application for renewal of an authorization.

Opening on order of judge

(1.3) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet.

Opening on order of trial judge

(1.4) A judge or provincial court judge before whom a trial is to be held and who has jurisdiction in the province in which an authorization was given may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet if

(a)
any matter relevant to the authorization or any evidence obtained pursuant to the authorization is in issue in the trial; and
(b)
the accused applies for such an order for the purpose of consulting the documents to prepare for trial.

Order for destruction of documents

(1.5) Where a sealed packet is opened, its contents shall not be destroyed except pursuant to an order of a judge of the same court as the judge who gave the authorization.

Order of judge

(2)
An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard.
Idem
(3)
An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to subsection 184.2(2) or section 184.3 may only be made after the Attorney General has been given an opportunity to be heard.
(4)
Where a prosecution has been commenced and an accused applies for an order for the copying and examination of documents pursuant to subsection (1.3) or (1.4), the judge shall not, notwithstanding those subsections, provide any copy of any document to the accused until the prosecutor has deleted any part of the copy of the document that the prosecutor believes would be prejudicial to the public interest, including any part that the prosecutor believes could
(a)
compromise the identity of any confidential informant;
(b)
compromise the nature and extent of ongoing investigations;
(c)
endanger persons engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or
(d)
prejudice the interests of innocent persons.
Accused to be provided with copies
(5)
After the prosecutor has deleted the parts of the copy of the document to be given to the accused under subsection (4), the accused shall be provided with an edited copy of the document.
Original documents to be returned
(6)
After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited copy of the document and the original document shall be returned to the packet and the packet resealed.
Deleted parts
(7)
An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the trial is to be held order that any part of the document deleted by the prosecutor be made available to the accused, and the judge shall order that a copy of any part that, in the opinion of the judge, is required in order for the accused to make full answer and defence and for which the provision of a judicial summary would not be sufficient, be made available to the accused.

Editing of copies R.S., 1985, c. C-46, s. 187; R.S., 1985, c. 27 (1st Supp.), s. 24; 1993, c. 40, s. 7; 2005, c. 10, s. 24.

Previous Version

Applications to specially appointed judges

188. (1) Notwithstanding section 185, an application made under that section for an authorization may be made ex parte to a judge of a superior court of criminal jurisdiction, or a judge as defined in section 552, designated from time to time by the Chief Justice, by a peace officer specially designated in writing, by name or otherwise, for the purposes of this section by

(a)
the Minister of Public Safety and Emergency Preparedness, if the offence is one in respect of which proceedings, if any, may be instituted by the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
(b)
the Attorney General of a province, in respect of any other offence in the province,

if the urgency of the situation requires interception of private communications to commence before an authorization could, with reasonable diligence, be obtained under section 186.

Authorizations in emergency

(2)
Where the judge to whom an application is made pursuant to subsection (1) is satisfied that the urgency of the situation requires that interception of private communications commence before an authorization could, with reasonable diligence, be obtained under section 186, he may, on such terms and conditions, if any, as he considers advisable, give an authorization in writing for a period of up to thirty-six hours.
(3)
[Repealed, 1993, c. 40, s. 8] Definition of “Chief Justice”
(4)
In this section, “Chief Justice” means
(a)
in the Province of Ontario, the Chief Justice of the Ontario Court;
(b)
in the Province of Quebec, the Chief Justice of the Superior Court;
(c)
in the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court;
(d)
in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;
(e)
in the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division; and
(f)
in Yukon, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act.
Inadmissibility of evidence
(5)
The trial judge may deem inadmissible the evidence obtained by means of an interception of a private communication pursuant to a subsequent authorization given under this section, where he finds that the application for the subsequent authorization was based on the same facts, and involved the interception of the private communications of the same person or persons, or related to the same offence, on which the application for the original authorization was based.

R.S., 1985, c. C-46, s. 188; R.S., 1985, c. 27 (1st Supp.), ss. 25, 185(F), c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 10; 1992, c. 1, s. 58, c. 51, s. 35; 1993, c. 40, s. 8; 1999, c. 3,

s. 28; 2002, c. 7, s. 140; 2005, c. 10, s. 34.

Previous Version

Execution of authorizations

188.1 (1) Subject to subsection (2), the interception of a private communication authorized pursuant to section 184.2, 184.3, 186 or 188 may be carried out anywhere in Canada.

Execution in another province

(2) Where an authorization is given under section 184.2, 184.3, 186 or 188 in one province but it may reasonably be expected that it is to be executed in another province and the execution of the authorization would require entry into or upon the property of any person in the other province or would require that an order under section 487.02 be made with respect to any person in that other province, a judge in the other province may, on application, confirm the authorization and when the authorization is so confirmed, it shall have full force and effect in that other province as though it had originally been given in that other province.

1993, c. 40, s. 9.

No civil or criminal liability

188.2 No person who acts in accordance with an authorization or under section 184.1 or

184.4 or who aids, in good faith, a person who he or she believes on reasonable grounds is acting in accordance with an authorization or under one of those sections incurs any criminal or civil liability for anything reasonably done further to the authorization or to that section.

1993, c. 40, s. 9.

189. (1) to (4) [Repealed, 1993, c. 40, s. 10]

Notice of intention to produce evidence

(5)
The contents of a private communication that is obtained from an interception of the private communication pursuant to any provision of, or pursuant to an authorization given under, this Part shall not be received in evidence unless the party intending to adduce it has given to the accused reasonable notice of the intention together with
(a)
a transcript of the private communication, where it will be adduced in the form of a recording, or a statement setting out full particulars of the private communication, where evidence of the private communication will be given viva voce; and
(b)
a statement respecting the time, place and date of the private communication and the parties thereto, if known.
Privileged evidence
(6)
Any information obtained by an interception that, but for the interception, would have been privileged remains privileged and inadmissible as evidence without the consent of the person enjoying the privilege.

R.S., 1985, c. C-46, s. 189; 1993, c. 40, s. 10.

Further particulars

190. Where an accused has been given notice pursuant to subsection 189(5), any judge of the court in which the trial of the accused is being or is to be held may at any time order that further particulars be given of the private communication that is intended to be adduced in evidence.

1973-74, c. 50, s. 2.

Possession, etc.

191. (1) Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Exemptions

(2)
Subsection (1) does not apply to
(a)
a police officer or police constable in possession of a device or component described in subsection (1) in the course of his employment;
(b)
a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization;

(b.1) a person in possession of such a device or component under the direction of a police officer or police constable in order to assist that officer or constable in the course of his duties as a police officer or police constable;

(c)
an officer or a servant of Her Majesty in right of Canada or a member of the Canadian Forces in possession of such a device or component in the course of his duties as such an officer, servant or member, as the case may be; and
(d)
any other person in possession of such a device or component under the authority of a licence issued by the Minister of Public Safety and Emergency Preparedness.
Terms and conditions of licence
(3)
A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) as the Minister of Public Safety and Emergency Preparedness may prescribe.

R.S., 1985, c. C-46, s. 191; R.S., 1985, c. 27 (1st Supp.), s. 26; 2005, c. 10, s. 34.

Previous Version

Forfeiture

192. (1) Where a person is convicted of an offence under section 184 or 191, any electromagnetic, acoustic, mechanical or other device by means of which the offence was committed or the possession of which constituted the offence, on the conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty whereupon it may be disposed of as the Attorney General directs.

Limitation

(2) No order for forfeiture shall be made under subsection (1) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person by means of which an offence under section 184 has been committed if that person was not a party to the offence.

1973-74, c. 50, s. 2.

Disclosure of information

193. (1) Where a private communication has been intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator thereof or of the person intended by the originator thereof to receive it, every one who, without the express consent of the originator thereof or of the person intended by the originator thereof to receive it, wilfully

(a)
uses or discloses the private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof, or
(b)
discloses the existence thereof,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Exemptions
(2)
Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication
(a)
in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath;
(b)
in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted;
(c)
in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190;
(d)
in the course of the operation of
(i)
a telephone, telegraph or other communication service to the public,
(ii)
a department or an agency of the Government of Canada, or

(iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2),

if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);

(e)
where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or
(f)
where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to

perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

Publishing of prior lawful disclosure

(3) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication where that which is disclosed by him was, prior to the disclosure, lawfully disclosed in the course of or for the purpose of giving evidence in proceedings referred to in paragraph (2)(a).

R.S., 1985, c. C-46, s. 193; R.S., 1985, c. 30 (4th Supp.), s. 45; 1993, c. 40, s. 11; 2004, c. 12, s. 5.

Previous Version

Disclosure of information received from interception of radio-based telephone communications

193.1 (1) Every person who wilfully uses or discloses a radio-based telephone communication or who wilfully discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, if

(a)
the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made;
(b)
the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication; and
(c)
the person does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication.
Other provisions to apply
(2)
Subsections 193(2) and (3) apply, with such modifications as the circumstances require, to disclosures of radio-based telephone communications.

1993, c. 40, s. 12.

Damages

194. (1) Subject to subsection (2), a court that convicts an accused of an offence under section 184, 184.5, 193 or 193.1 may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages.

No damages where civil proceedings commenced

(2)
No amount shall be ordered to be paid under subsection (1) to a person who has commenced an action under Part II of the Crown Liability Act.
Judgment may be registered
(3)
Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings.
Moneys in possession of accused may be taken
(4)
All or any part of an amount that is ordered to be paid under subsection (1) may be taken out of moneys found in the possession of the accused at the time of his arrest, except where there is a dispute respecting ownership of or right of possession to those moneys by claimants other than the accused.

R.S., 1985, c. C-46, s. 194; 1993, c. 40, s. 13.

Annual report

195. (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to

(a)
authorizations for which he and agents to be named in the report who were specially designated in writing by him for the purposes of section 185 made application, and
(b)
authorizations given under section 188 for which peace officers to be named in the report who were specially designated by him for the purposes of that section made application,

and interceptions made thereunder in the immediately preceding year.

Information respecting authorizations

(2)
The report referred to in subsection (1) shall, in relation to authorizations and interceptions made thereunder, set out
(a)
the number of applications made for authorizations;
(b)
the number of applications made for renewal of authorizations;
(c)
the number of applications referred to in paragraphs (a) and (b) that were granted, the number of those applications that were refused and the number of applications referred to in paragraph (a) that were granted subject to terms and conditions;
(d)
the number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of
(i)
an offence specified in the authorization,
(ii)
an offence other than an offence specified in the authorization but in respect of which an authorization may be given, and

(iii) an offence in respect of which an authorization may not be given;

(e)
the number of persons not identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of
(i)
an offence specified in such an authorization,
(ii)
an offence other than an offence specified in such an authorization but in respect of which an authorization may be given, and

(iii) an offence other than an offence specified in such an authorization and for which no such authorization may be given,

and whose commission or alleged commission of the offence became known to a peace officer as a result of an interception of a private communication under an authorization;

(f)
the average period for which authorizations were given and for which renewals thereof were granted;
(g)
the number of authorizations that, by virtue of one or more renewals thereof, were valid for more than sixty days, for more than one hundred and twenty days, for more than one hundred and eighty days and for more than two hundred and forty days;
(h)
the number of notifications given pursuant to section 196;
(i)
the offences in respect of which authorizations were given, specifying the number of authorizations given in respect of each of those offences;
(j)
a description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of places was specified;
(k)
a general description of the methods of interception involved in each interception under an authorization;
(l)
the number of persons arrested whose identity became known to a peace officer as a result of an interception under an authorization;
(m)
the number of criminal proceedings commenced at the instance of the Attorney General of Canada in which private communications obtained by interception under an authorization were adduced in evidence and the number of those proceedings that resulted in a conviction; and
(n)
the number of criminal investigations in which information obtained as a result of the interception of a private communication under an authorization was used although the private communication was not adduced in evidence in criminal proceedings commenced at the instance of the Attorney General of Canada as a result of the investigations.
Other information
(3)
The report referred to in subsection (1) shall, in addition to the information referred to in subsection (2), set out
(a)
the number of prosecutions commenced against officers or servants of Her Majesty in right of Canada or members of the Canadian Forces for offences under section 184 or 193; and
(b)
a general assessment of the importance of interception of private communications for the investigation, detection, prevention and prosecution of offences in Canada.
Report to be laid before Parliament
(4)
The Minister of Public Safety and Emergency Preparedness shall cause a copy of each report prepared by him under subsection (1) to be laid before Parliament forthwith on completion thereof, or if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.
Report by Attorneys General
(5)
The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to
(a)
authorizations for which he and agents specially designated in writing by him for the purposes of section 185 made application, and
(b)
authorizations given under section 188 for which peace officers specially designated by him for the purposes of that section made application,
and interceptions made thereunder in the immediately preceding year setting out, with such modifications as the circumstances require, the information described in subsections
(2)
and (3).

R.S., 1985, c. C-46, s. 195; R.S., 1985, c. 27 (1st Supp.), s. 27; 2005, c. 10, s. 34.

Previous Version

Written notification to be given

196. (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.

Extension of period for notification

(2)
The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.
Where extension to be granted
(3)
Where the judge to whom an application referred to in subsection (2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that
(a)
the investigation of the offence to which the authorization relates, or
(b)
a subsequent investigation of an offence listed in section 183 commenced as a result of information obtained from the investigation referred to in paragraph (a),

is continuing and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, each extension not to exceed three years.

Application to be accompanied by affidavit

(4)
An application pursuant to subsection (2) shall be accompanied by an affidavit deposing to
(a)
the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and
(b)
the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under that subsection in relation to the particular authorization and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.
Exception for criminal organizations and terrorist groups
(5)
Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to
(a)
an offence under section 467.11, 467.12 or 467.13,
(b)
an offence committed for the benefit of, at the direction of or in association with a criminal organization, or
(c)
a terrorism offence,

and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

R.S., 1985, c. C-46, s. 196; R.S., 1985, c. 27 (1st Supp.), s. 28; 1993, c. 40, s. 14; 1997, c. 23, s. 7; 2001, c. 32, s. 8, c. 41, ss. 8, 133; 2005, c. 10, s. 25.

Previous Version

PART VII

DISORDERLY HOUSES, GAMING AND BETTING

Interpretation

Definitions

197. (1) In this Part,

“bet” « pari »

“bet” means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada;

“common bawdy-house”

« maison de débauche »

“common bawdy-house” means a place that is

(a)
kept or occupied, or
(b)
resorted to by one or more persons
for the purpose of prostitution or the practice of acts of indecency;
“common betting house”
« maison de pari »
“common betting house” means a place that is opened, kept or used for the purpose of





(a)
enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or
(b)
enabling any person to receive, record, register, transmit or pay bets or to announce
the results of betting;
“common gaming house”


« maison de jeu »
“common gaming house” means a place that is


(a)
kept for gain to which persons resort for the purpose of playing games, or
(b)
kept or used for the purpose of playing games
(i)
in which a bank is kept by one or more but not all of the players,
(ii)
in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,

(iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or

(iv) in which the chances of winning are not equally favourable to all persons who play
the game, including the person, if any, who conducts the game;
“disorderly house”

« maison de désordre »
“disorderly house” means a common bawdy-house, a common betting house or a
common gaming house;

“game”

« jeu »

“game” means a game of chance or mixed chance and skill;

“gaming equipment”

« matériel de jeu »

“gaming equipment” means anything that is or may be used for the purpose of playing

games or for betting;
“keeper”
« tenancier »
“keeper” includes a person who

(a)
is an owner or occupier of a place,
(b)
assists or acts on behalf of an owner or occupier of a place,
(c)
appears to be, or to assist or act on behalf of an owner or occupier of a place,
(d)
has the care or management of a place, or

(e)
uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof;

“place”
« local » ou « endroit »

“place” includes any place, whether or not

(a)
it is covered or enclosed,
(b)
it is used permanently or temporarily, or
(c)
any person has an exclusive right of user with respect to it;
“prostitute”
« prostitué »
“prostitute” means a person of either sex who engages in prostitution;
“public place”
« endroit public »
“public place” includes any place to which the public have access as of right or by






invitation, express or implied.
Exception


(2)
A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition “common gaming house” in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if
(a)
the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and
(b)
no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.
Onus
(3)
The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.
Effect when game partly played on premises
(4)
A place may be a common gaming house notwithstanding that
(a)
it is used for the purpose of playing part of a game and another part of the game is played elsewhere;
(b)
the stake that is played for is in some other place; or
(c)
it is used on only one occasion in the manner described in paragraph (b) of the definition “common gaming house” in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

R.S., 1985, c. C-46, s. 197; R.S., 1985, c. 27 (1st Supp.), s. 29.

Presumptions

Presumptions

198. (1) In proceedings under this Part,

(a)
evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house;
(b)
evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be;
(c)
evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and
(d)
evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to have been an inmate or to have been found in that house at the time the person committed the offence of which he was convicted, in the absence of any evidence to the contrary, proof that the house was, at that time, a disorderly house.
Conclusive presumption from slot machine
(2)
For the purpose of proceedings under this Part, a place that is found to be equipped with a slot machine shall be conclusively presumed to be a common gaming house.
(3)
In subsection (2), “slot machine” means any automatic machine or slot machine
(a)
that is used or intended to be used for any purpose other than vending merchandise or services, or
(b)
that is used or intended to be used for the purpose of vending merchandise or services if
(i)
the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,
(ii)
as a result of a given number of successive operations by the operator the machine produces different results, or

Definition of “slot machine” (iii) on any operation of the machine it discharges or emits a slug or token,

but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine.

R.S., c. C-34, s. 180; 1974-75-76, c. 93, s. 10.

Search

Warrant to search

199. (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

Search without warrant, seizure and arrest

(2)
A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.
(3)
Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.
When declaration or direction may be made
(4)
No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until
(a)
it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or
(b)
the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.
Conversion into money
(5)
The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.
Telephones exempt from seizure
(6)
Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206, 207 or 210 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.
Exception
(7)
Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.

Disposal of property seized R.S., 1985, c. C-46, s. 199; R.S., 1985, c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 10.

Obstruction

200. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 30]

Gaming and Betting

Keeping gaming or betting house

201. (1) Every one who keeps a common gaming house or common betting house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Person found in or owner permitting use

(2)
Every one who
(a)
is found, without lawful excuse, in a common gaming house or common betting house, or
(b)
as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house, is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 185.
Betting, pool-selling, book-making, etc.

202. (1) Every one commits an offence who

(a)
uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;
(b)
imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;
(c)
has under his control any money or other property relating to a transaction that is an offence under this section;
(d)
records or registers bets or sells a pool;
(e)
engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;
(f)
prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;
(g)
imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial
(i)
whether the information is published before, during or after the race, fight game or sport, or
(ii)
whether the race, fight, game or sport takes place in Canada or elsewhere,
but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;
(h)
advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;
(i)
wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or
(j)
aids or assists in any manner in anything that is an offence under this section. Punishment
(2)
Every one who commits an offence under this section is guilty of an indictable offence and liable
(a)
for a first offence, to imprisonment for not more than two years;
(b)
for a second offence, to imprisonment for not more than two years and not less than fourteen days; and
(c)
for each subsequent offence, to imprisonment for not more than two years and not less
than three months.
R.S., 1985, c. C-46, s. 202; 2008, c. 18, s. 5.


Previous Version Placing bets on behalf of others

203. Every one who

(a)
places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,
(b)
engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or
(c)
holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,
is guilty of an indictable offence and liable
(d)
for a first offence, to imprisonment for not more than two years,
(e)
for a second offence, to imprisonment for not more than two years and not less than fourteen days, and
(f)
for each subsequent offence, to imprisonment for not more than two years and not less than three months.

R.S., c. C-34, s. 187; 1974-75-76, c. 93, s. 11. Exemption

204. (1) Sections 201 and 202 do not apply to

(a)
any person or association by reason of his or their becoming the custodian or depository of any money, property or valuable thing staked, to be paid to
(i)
the winner of a lawful race, sport, game or exercise,
(ii)
the owner of a horse engaged in a lawful race, or

(iii) the winner of any bets between not more than ten individuals;

(b)
a private bet between individuals not engaged in any way in the business of betting;
(c)
bets made or records of bets made through the agency of a pari-mutuel system on running, trotting or pacing horse-races if
(i)
the bets or records of bets are made on the race-course of an association in respect of races conducted at that race-course or another race-course in or out of Canada, and, in the case of a race conducted on a race-course situated outside Canada, the governing body that regulates the race has been certified as acceptable by the Minister of Agriculture and Agri-Food or a person designated by that Minister pursuant to subsection (8.1) and that Minister or person has permitted pari-mutuel betting in Canada on the race pursuant to that subsection, and
(ii)
the provisions of this section and the regulations are complied with.

Exception

(1.1) For greater certainty, a person may, in accordance with the regulations, do anything described in section 201 or 202, if the person does it for the purposes of legal pari-mutuel betting.

Presumption

(2)
For the purposes of paragraph (1)(c), bets made, in accordance with the regulations, in a betting theatre referred to in paragraph (8)(e), or by any means of telecommunication to the race-course of an association or to such a betting theatre, are deemed to be made on the race-course of the association.
Operation of pari-mutuel system
(3)
No person or association shall use a pari-mutuel system of betting in respect of a horse-race unless the system has been approved by and its operation is carried on under the supervision of an officer appointed by the Minister of Agriculture and Agri-Food.
Supervision of pari-mutuel system
(4)
Every person or association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, whether or not the person or association is conducting the race-meeting at which the race is run, shall pay to the Receiver General in respect of each individual pool of the race and each individual feature pool one-half of one per cent, or such greater fraction not exceeding one per cent as may be fixed by the Governor in Council, of the total amount of money that is bet through the agency of the pari-mutuel system of betting.
Percentage that may be deducted and retained
(5)
Where any person or association becomes a custodian or depository of any money, bet or stakes under a pari-mutuel system in respect of a horse-race, that person or association shall not deduct or retain any amount from the total amount of money, bets or stakes unless it does so pursuant to subsection (6).
Percentage that may be deducted and retained
(6)
An association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, or any other association or person acting on its behalf, may deduct and retain from the total amount of money that is bet through the agency of the pari-mutuel system, in respect of each individual pool of each race or each individual feature pool, a percentage not exceeding the percentage prescribed by the regulations plus any odd cents over any multiple of five cents in the amount calculated in accordance with the regulations to be payable in respect of each dollar bet.
Stopping of betting
(7)
Where an officer appointed by the Minister of Agriculture and Agri-Food is not satisfied that the provisions of this section and the regulations are being carried out in good faith by any person or association in relation to a race meeting, he may, at any time, order any betting in relation to the race meeting to be stopped for any period that he considers proper.
Regulations
(8)
The Minister of Agriculture and Agri-Food may make regulations
(a)
prescribing the maximum number of races for each race-course on which a race meeting is conducted, in respect of which a pari-mutuel system of betting may be used for the race meeting or on any one calendar day during the race meeting, and the circumstances in which the Minister of Agriculture and Agri-Food or a person designated by him for that purpose may approve of the use of that system in respect of additional races on any race-course for a particular race meeting or on a particular day during the race meeting;
(b)
prohibiting any person or association from using a pari-mutuel system of betting for any race-course on which a race meeting is conducted in respect of more than the maximum number of races prescribed pursuant to paragraph (a) and the additional races, if any, in respect of which the use of a pari-mutuel system of betting has been approved pursuant to that paragraph;
(c)
prescribing the maximum percentage that may be deducted and retained pursuant to subsection (6) by or on behalf of a person or association operating a pari-mutuel system of betting in respect of a horse-race in accordance with this section and providing for the determination of the percentage that each such person or association may deduct and retain;
(d)
respecting pari-mutuel betting in Canada on horse-races conducted on a race-course situated outside Canada; and
(e)
authorizing pari-mutuel betting and governing the conditions for pari-mutuel betting, including the granting of licences therefor, that is conducted by an association in a betting theatre owned or leased by the association in a province in which the Lieutenant Governor in Council, or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, has issued a licence to that association for the betting theatre.

Approvals

(8.1) The Minister of Agriculture and Agri-Food or a person designated by that Minister may, with respect to a horse-race conducted on a race-course situated outside Canada,

(a)
certify as acceptable, for the purposes of this section, the governing body that regulates the race; and
(b)
permit pari-mutuel betting in Canada on the race. Idem
(9)
The Minister of Agriculture and Agri-Food may make regulations respecting
(a)
the supervision and operation of pari-mutuel systems related to race meetings, and the fixing of the dates on which and the places at which an association may conduct those meetings;
(b)
the method of calculating the amount payable in respect of each dollar bet;
(c)
the conduct of race-meetings in relation to the supervision and operation of parimutuel systems, including photo-finishes, video patrol and the testing of bodily substances taken from horses entered in a race at such meetings, including, in the case of a horse that dies while engaged in racing or immediately before or after the race, the testing of any tissue taken from its body;
(d)
the prohibition, restriction or regulation of
(i)
the possession of drugs or medicaments or of equipment used in the administering of drugs or medicaments at or near race-courses, or
(ii)
the administering of drugs or medicaments to horses participating in races run at a race meeting during which a pari-mutuel system of betting is used; and
(e)
the provision, equipment and maintenance of accommodation, services or other facilities for the proper supervision and operation of pari-mutuel systems related to race meetings, by associations conducting those meetings or by other associations.

900 metre zone

(9.1) For the purposes of this section, the Minister of Agriculture and Agri-Food may designate, with respect to any race-course, a zone that shall be deemed to be part of the race-course, if

(a)
the zone is immediately adjacent to the race-course;
(b)
the farthest point of that zone is not more than 900 metres from the nearest point on the race track of the race-course; and
(c)
all real property situated in that zone is owned or leased by the person or association that owns or leases the race-course.
Contravention
(10)
Every person who contravenes or fails to comply with any of the provisions of this section or of any regulations made under this section is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction.
Definition of “association”
(11)
For the purposes of this section, “association” means an association incorporated by or pursuant to an Act of Parliament or of the legislature of a province that owns or leases a race-course and conducts horse-races in the ordinary course of its business and, to the extent that the applicable legislation requires that the purposes of the association be expressly stated in its constating instrument, having as one of its purposes the conduct of horse-races.

R.S., 1985, c. C-46, s. 204; R.S., 1985, c. 47 (1st Supp.), s. 1; 1989, c. 2, s. 1; 1994, c. 38, ss. 14, 25; 2008, c. 18, s. 6.

Previous Version

    1. [Repealed, R.S., 1985, c. 52 (1st Supp.), s. 1]
    2. Offence in relation to lotteries and games of chance
  1. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who
(a)
makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property by lots, cards, tickets or any mode of chance whatever;
(b)
sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatever;
(c)
knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts for carriage or transport or conveys any article that is used or intended for use in carrying out any device, proposal, scheme or
plan for advancing, lending, giving, selling or otherwise disposing of any property by any mode of chance whatever;
(d)
conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;
(e)
conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of money, or the giving of any valuable security, or by obligating himself to pay any sum of money or give any valuable security, shall become entitled under the scheme, contrivance or operation to receive from the person conducting or managing the scheme, contrivance or operation, or any other person, a larger sum of money or amount of valuable security than the sum or amount paid or given, or to be paid or given, by reason of the fact that other persons have paid or given, or obligated themselves to pay or give any sum of money or valuable security under the scheme, contrivance or operation;
(f)
disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration;
(g)
induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte, punch board, coin table or on the operation of a wheel of fortune;
(h)
for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public place or a place to which the public have access, the game of three-card monte;
(i)
receives bets of any kind on the outcome of a game of three-card monte; or
(j)
being the owner of a place, permits any person to play the game of three-card monte therein.
Definition of “three-card monte”
(2)
In this section, “three-card monte” means the game commonly known as three-card monte and includes any other game that is similar to it, whether or not the game is played with cards and notwithstanding the number of cards or other things that are used for the purpose of playing.
Exemption for fairs
(3)
Paragraphs (1)(f) and (g), in so far as they do not relate to a dice game, three-card monte, punch board or coin table, do not apply to the board of an annual fair or

exhibition, or to any operator of a concession leased by that board within its own grounds and operated during the fair or exhibition on those grounds.

Definition of “fair or exhibition”

(3.1) For the purposes of this section, “fair or exhibition” means an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place.

Offence

(4)
Every one who buys, takes or receives a lot, ticket or other device mentioned in subsection (1) is guilty of an offence punishable on summary conviction.
Lottery sale void
(5)
Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending on or to be determined by chance or lot, is void, and all property so sold, lent, given, bartered or exchanged is forfeited to Her Majesty.
Bona fide exception
(6)
Subsection (5) does not affect any right or title to property acquired by any bona fide purchaser for valuable consideration without notice.
Foreign lottery included
(7)
This section applies to the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and the sale or offer for sale of any ticket, chance or share, in any such lottery, or the advertisement for sale of such ticket, chance or share, and the conducting or managing of any such scheme, contrivance or operation for determining the winners in any such lottery.
Saving
(8)
This section does not apply to
(a)
the division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests in any such property; or
(b)
[Repealed, 1999, c. 28, s. 156]
(c)
bonds, debentures, debenture stock or other securities recallable by drawing of lots and redeemable with interest and providing for payment of premiums on redemption or otherwise.

R.S., 1985, c. C-46, s. 206; R.S., 1985, c. 52 (1st Supp.), s. 2; 1999, c. 28, s. 156.

Permitted lotteries

207. (1) Notwithstanding any of the provisions of this Part relating to gaming and betting, it is lawful

(a)
for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a lottery scheme in that province, or in that and the other province, in accordance with any law enacted by the legislature of that province;
(b)
for a charitable or religious organization, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, to conduct and manage a lottery scheme in that province if the proceeds from the lottery scheme are used for a charitable or religious object or purpose;
(c)
for the board of a fair or of an exhibition, or an operator of a concession leased by that board, to conduct and manage a lottery scheme in a province where the Lieutenant Governor in Council of the province or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof has
(i)
designated that fair or exhibition as a fair or exhibition where a lottery scheme may be conducted and managed, and
(ii)
issued a licence for the conduct and management of a lottery scheme to that board or operator;
(d)
for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, to conduct and manage a lottery scheme at a public place of amusement in that province if
(i)
the amount or value of each prize awarded does not exceed five hundred dollars, and
(ii)
the money or other valuable consideration paid to secure a chance to win a prize does not exceed two dollars;
(e)
for the government of a province to agree with the government of another province that lots, cards or tickets in relation to a lottery scheme that is by any of paragraphs (a) to
(d)
authorized to be conducted and managed in that other province may be sold in the province;
(f)
for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or such other person or authority in the province as may be designated by the
Lieutenant Governor in Council thereof, to conduct and manage in the province a lottery scheme that is authorized to be conducted and managed in one or more other provinces where the authority by which the lottery scheme was first authorized to be conducted and managed consents thereto;
(g)
for any person, for the purpose of a lottery scheme that is lawful in a province under any of paragraphs (a) to (f), to do anything in the province, in accordance with the applicable law or licence, that is required for the conduct, management or operation of the lottery scheme or for the person to participate in the scheme; and
(h)
for any person to make or print anywhere in Canada or to cause to be made or printed anywhere in Canada anything relating to gaming and betting that is to be used in a place where it is or would, if certain conditions provided by law are met, be lawful to use such a thing, or to send, transmit, mail, ship, deliver or allow to be sent, transmitted, mailed, shipped or delivered or to accept for carriage or transport or convey any such thing where the destination thereof is such a place.
Terms and conditions of licence
(2)
Subject to this Act, a licence issued by or under the authority of the Lieutenant Governor in Council of a province as described in paragraph (1)(b), (c), (d) or (f) may contain such terms and conditions relating to the conduct, management and operation of or participation in the lottery scheme to which the licence relates as the Lieutenant Governor in Council of that province, the person or authority in the province designated by the Lieutenant Governor in Council thereof or any law enacted by the legislature of that province may prescribe.
Offence
(3)
Every one who, for the purposes of a lottery scheme, does anything that is not authorized by or pursuant to a provision of this section
(a)
in the case of the conduct, management or operation of that lottery scheme,
(i)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, or
(ii)
is guilty of an offence punishable on summary conviction; or
(b)
in the case of participating in that lottery scheme, is guilty of an offence punishable on summary conviction.
(4)
In this section, “lottery scheme” means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting other than
(a)
three-card monte, punch board or coin table;
(b)
bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sport event or athletic contest; or
(c)
for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device or slot machine, within the meaning of subsection 198(3), or a dice game.
Exception re: pari-mutuel betting
(5)
For greater certainty, nothing in this section shall be construed as authorizing the making or recording of bets on horse-races through the agency of a pari-mutuel system other than in accordance with section 204.

Definition of “lottery scheme” R.S., 1985, c. C-46, s. 207; R.S., 1985, c. 27 (1st Supp.), s. 31, c. 52 (1st Supp.), s. 3; 1999, c. 5, s. 6.

Exemption — lottery scheme on an international cruise ship

207.1 (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied:

(a)
all the people participating in the lottery scheme are located on the ship;
(b)
the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship;
(c)
the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and
(d)
the ship is registered
(i)
in Canada and its entire voyage is scheduled to be outside Canada, or
(ii)
anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage
(A)
is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and
(B)
is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.
Paragraph 207(1)(h) and subsection 207(5) apply
(2)
For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.
Offence
(3)
Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section
(a)
in the case of the conduct, management or operation of the lottery scheme,
(i)
is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or
(ii)
is guilty of an offence punishable on summary conviction; and
(b)
in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.
Definitions
(4)
The definitions in this subsection apply in this section.
“international cruise ship”
« navire de croisière internationale »
“international cruise ship” means a passenger ship that is suitable for continuous ocean



voyages of at least forty-eight hours duration, but does not include such a ship that is
used or fitted for the primary purpose of transporting cargo or vehicles.
“lottery scheme”
« loterie »

“lottery scheme” means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting. It does not include

(a)
three-card monte, punch board or coin table; or
(b)
bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest.

1999, c. 5, s. 7.

  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 32] Cheating at play
  2. Every one who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 192.

Bawdy-houses

Keeping common bawdy-house

210. (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Landlord, inmate, etc.

(2)
Every one who
(a)
is an inmate of a common bawdy-house,
(b)
is found, without lawful excuse, in a common bawdy-house, or
(c)
as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house,

is guilty of an offence punishable on summary conviction.

Notice of conviction to be served on owner

(3)
Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section.
Duty of landlord on notice
(4)
Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.

R.S., c. C-34, s. 193.

Transporting person to bawdy-house

211. Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 194.

Procuring

Procuring

212. (1) Every one who

(a)
procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,
(b)
inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,
(c)
knowingly conceals a person in a common bawdy-house,
(d)
procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,
(e)
procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,
(f)
on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,
(g)
procures a person to enter or leave Canada, for the purpose of prostitution,
(h)
for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,
(i)
applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or
(j)
lives wholly or in part on the avails of prostitution of another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Living on the avails of prostitution of person under eighteen

(2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.

Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years

(2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who

(a)
for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and
(b)
uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.

Presumption

(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).

Offence — prostitution of person under eighteen

(4)
Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.
(5)
[Repealed, 1999, c. 5, s. 8]

R.S., 1985, c. C-46, s. 212; R.S., 1985, c. 19 (3rd Supp.), s. 9; 1997, c. 16, s. 2; 1999, c.
5, s. 8; 2005, c. 32, s. 10.1.
Previous Version

Offence in Relation to Prostitution

Offence in relation to prostitution

213. (1) Every person who in a public place or in any place open to public view

(a)
stops or attempts to stop any motor vehicle,
(b)
impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or
(c)
stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person

for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

Definition of “public place”

(2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1.

PART VIII OFFENCES AGAINST THE PERSON AND REPUTATION Interpretation

Definitions

214. In this Part,
“abandon” or “expose”
« abandonner » ou « exposer »
“abandon” or “expose” includes

(a)
a wilful omission to take charge of a child by a person who is under a legal duty to do so, and
(b)
dealing with a child in a manner that is likely to leave that child exposed to risk
without protection;
“aircraft”


« aéronef »
“aircraft” does not include a machine designed to derive support in the atmosphere
primarily from reactions against the earth’s surface of air expelled from the machine;

“child” [Repealed, 2002, c. 13, s. 9]
“form of marriage”
« formalité de mariage »
“form of marriage” includes a ceremony of marriage that is recognized as valid

(a)
by the law of the place where it was celebrated, or
(b)
by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated;

“guardian” « tuteur »

“guardian” includes a person who has in law or in fact the custody or control of a child;

“operate” « conduire » “operate”

(a)
means, in respect of a motor vehicle, to drive the vehicle,
(b)
means, in respect of railway equipment, to participate in the direct control of its motion, whether
(i)
as a member of the crew of the equipment,
(ii)
as a person who, by remote control, acts in lieu of such crew, or

(iii) as other than a member or person described in subparagraphs (i) and (ii), and

(c) includes, in respect of a vessel or an aircraft, to navigate the vessel or aircraft;
“vessel”
« bateau »
“vessel” includes a machine designed to derive support in the atmosphere primarily from

reactions against the earth’s surface of air expelled from the machine.
R.S., 1985, c. C-46, s. 214; R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56;
2002, c. 13, s. 9.

Duties Tending to Preservation of Life

Duty of persons to provide necessaries

215. (1) Every one is under a legal duty

(a)
as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;
(b)
to provide necessaries of life to their spouse or common-law partner; and
(c)
to provide necessaries of life to a person under his charge if that person
(i)
is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and
(ii)
is unable to provide himself with necessaries of life.
Offence
(2)
Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if
(a)
with respect to a duty imposed by paragraph (1)(a) or (b),
(i)
the person to whom the duty is owed is in destitute or necessitous circumstances, or
(ii)
the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or
(b)
with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.
Punishment
(3)
Every one who commits an offence under subsection (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 and liable to imprisonment for a term not exceeding eighteen months.
Presumptions
(4)
For the purpose of proceedings under this section,
(a)
[Repealed, 2000, c. 12, s. 93]
(b)
evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child;
(c)
evidence that a person has failed for a period of one month to make provision for the maintenance of any child of theirs under the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has failed without lawful excuse to provide necessaries of life for the child; and
(d)
the fact that a spouse or common-law partner or child is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence.

R.S., 1985, c. C-46, s. 215; 1991, c. 43, s. 9; 2000, c. 12, ss. 93, 95; 2005, c. 32, s. 11. Previous Version Duty of persons undertaking acts dangerous to life

216. Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing.

R.S., c. C-34, s. 198.

Duty of persons undertaking acts

217. Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.

R.S., c. C-34, s. 199.
Duty of persons directing work

217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

2003, c. 21, s. 3.

Abandoning child

218. Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,

(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 and liable to imprisonment for a term not exceeding eighteen months.

R.S., 1985, c. C-46, s. 218; 2005, c. 32, s. 12.

Previous Version

Criminal Negligence

Criminal negligence

219. (1) Every one is criminally negligent who

(a)
in doing anything, or
(b)
in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
Definition of “duty”


(2)
For the purposes of this section, “duty” means a duty imposed by law.
R.S., c. C-34, s. 202.
Causing death by criminal negligence


220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a)
where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b)
in any other case, to imprisonment for life. R.S., 1985, c. C-46, s. 220; 1995, c. 39, s. 141. Causing bodily harm by criminal negligence

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., c. C-34, s. 204.

Homicide

Homicide 222. (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.

Kinds of homicide

(2)
Homicide is culpable or not culpable. Non culpable homicide
(3)
Homicide that is not culpable is not an offence. Culpable homicide
(4)
Culpable homicide is murder or manslaughter or infanticide. Idem
(5)
A person commits culpable homicide when he causes the death of a human being,
(a)
by means of an unlawful act;
(b)
by criminal negligence;
(c)
by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
(d)
by wilfully frightening that human being, in the case of a child or sick person. Exception
(6)
Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.

R.S., c. C-34, s. 205.

When child becomes human being

223. (1) A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not

(a)
it has breathed;
(b)
it has an independent circulation; or
(c)
the navel string is severed.
Killing child
(2)
A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.

R.S., c. C-34, s. 206.
Death that might have been prevented

224. Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means.

R.S., c. C-34, s. 207.

Death from treatment of injury

225. Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes the death of that human being notwithstanding that the immediate cause of death is proper or improper treatment that is applied in good faith.

R.S., c. C-34, s. 208.

Acceleration of death

    1. Where a person causes to a human being a bodily injury that results in death, he causes the death of that human being notwithstanding that the effect of the bodily injury is only to accelerate his death from a disease or disorder arising from some other cause.
    2. R.S., c. C-34, s. 209.
  1. [Repealed, 1999, c. 5, s. 9] Killing by influence on the mind
  2. No person commits culpable homicide where he causes the death of a human being
(a)
by any influence on the mind alone, or
(b)
by any disorder or disease resulting from influence on the mind alone,

but this section does not apply where a person causes the death of a child or sick person by wilfully frightening him.

R.S., c. C-34, s. 211.

Murder, Manslaughter and Infanticide

Murder

229. Culpable homicide is murder

(a)
where the person who causes the death of a human being
(i)
means to cause his death, or
(ii)
means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
(b)
where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
(c)
where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.

R.S., c. C-34, s. 212.

Murder in commission of offences

230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if

(a)
he means to cause bodily harm for the purpose of
(i)
facilitating the commission of the offence, or
(ii)
facilitating his flight after committing or attempting to commit the offence,
and the death ensues from the bodily harm;
(b)
he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or
(c)
he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.
(d)
[Repealed, 1991, c. 4, s. 1]
R.S., 1985, c. C-46, s. 230; R.S., 1985, c. 27 (1st Supp.), s. 40; 1991, c. 4, s. 1.
Classification of murder


231. (1) Murder is first degree murder or second degree murder.
Planned and deliberate murder

(2)
Murder is first degree murder when it is planned and deliberate.
Contracted murder

(3)
Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.
Murder of peace officer, etc.
(4)
Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is
(a)
a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
(b)
a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
(c)
a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
Hijacking, sexual assault or kidnapping
(5)
Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
(a)
section 76 (hijacking an aircraft);
(b)
section 271 (sexual assault);
(c)
section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(d)
section 273 (aggravated sexual assault);
(e)
section 279 (kidnapping and forcible confinement); or
(f)
section 279.1 (hostage taking). Criminal harassment
(6)
Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

Murder — terrorist activity

(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

Murder — criminal organization

(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when

(a)
the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or
(b)
the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

Intimidation (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

Second degree murder

(7) All murder that is not first degree murder is second degree murder.

R.S., 1985, c. C-46, s. 231; R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F); 1997, c. 16, s. 3, c. 23, s. 8; 2001, c. 32, s. 9, c. 41, s. 9; 2009, c. 22, s. 5. Previous Version Murder reduced to manslaughter

232. (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.

What is provocation

(2)
A wrongful act or an insult that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section if the accused acted on it on the sudden and before there was time for his passion to cool.
Questions of fact
(3)
For the purposes of this section, the questions
(a)
whether a particular wrongful act or insult amounted to provocation, and
(b)
whether the accused was deprived of the power of self-control by the provocation that he alleges he received,

are questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being.

Death during illegal arrest

(4) Culpable homicide that otherwise would be murder is not necessarily manslaughter by reason only that it was committed by a person who was being arrested illegally, but the fact that the illegality of the arrest was known to the accused may be evidence of provocation for the purpose of this section.

R.S., c. C-34, s. 215.

Infanticide

233. A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

R.S., c. C-34, s. 216.

Manslaughter

  1. Culpable homicide that is not murder or infanticide is manslaughter.
    R.S., c. C-34, s. 217.
    Punishment for murder


  2. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Minimum punishment

(2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment.

R.S., c. C-34, s. 218; 1973-74, c. 38, s. 3; 1974-75-76, c. 105, s. 5. Manslaughter

236. Every person who commits manslaughter is guilty of an indictable offence and liable

(a)
where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b)
in any other case, to imprisonment for life. R.S., 1985, c. C-46, s. 236; 1995, c. 39, s. 142. Punishment for infanticide

237. Every female person who commits infanticide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 220.

Killing unborn child in act of birth

238. (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life.

Saving

(2) This section does not apply to a person who, by means that, in good faith, he considers necessary to preserve the life of the mother of a child, causes the death of that child.

R.S., c. C-34, s. 221.

Attempt to commit murder

239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b)
in any other case, to imprisonment for life. Subsequent offences
(2)
In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

R.S., 1985, c. C-46, s. 239; 1995, c. 39, s. 143; 2008, c. 6, s. 16; 2009, c. 22, s. 6. Previous Version Accessory after fact to murder

240. Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.

R.S., c. C-34, s. 223.

Suicide

Counselling or aiding suicide

241. Every one who

(a)
counsels a person to commit suicide, or
(b)
aids or abets a person to commit suicide,

whether suicide ensues or not, is guilty of an indictable offence and liable to
imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 241; R.S., 1985, c. 27 (1st Supp.), s. 7.

Neglect in Child-birth and Concealing Dead Body

Neglect to obtain assistance in child-birth

242. A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 226.

Concealing body of child

243. Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 227.

Bodily Harm and Acts and Omissions Causing Danger to the Person

Discharging firearm with intent

244. (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

Punishment

(2)
Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years; and
(b)
in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.
(3)
In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244.2; or
(c)
an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Subsequent offences However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

R.S., 1985, c. C-46, s. 244; 1995, c. 39, s. 144; 2008, c. 6, s. 17; 2009, c. 22, s. 7.
Previous Version
Causing bodily harm with intent — air gun or pistol

244.1 Every person who, with intent

(a)
to wound, maim or disfigure any person,
(b)
to endanger the life of any person, or
(c)
to prevent the arrest or detention of any person,
discharges an air or compressed gas gun or pistol at any person, whether or not that

person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen years.
1995, c. 39, s. 144.
Discharging firearm — recklessness

244.2 (1) Every person commits an offence

(a)
who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or
(b)
who intentionally discharges a firearm while being reckless as to the life or safety of another person.
Definition of “place”
(2)
For the purpose of paragraph (1)(a), “place” means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
Punishment
(3)
Every person who commits an offence under subsection (1) is guilty of an indictable offence and
(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of
(i)
five years, in the case of a first offence, and
(ii)
seven years, in the case of a second or subsequent offence; and
(b)
in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.
Subsequent offences
(4)
In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244; or
(c)
an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

2009, c. 22, s. 8.

Administering noxious thing

245. Every one who administers or causes to be administered to any person or causes any person to take poison or any other destructive or noxious thing is guilty of an indictable offence and liable

(a)
to imprisonment for a term not exceeding fourteen years, if he intends thereby to endanger the life of or to cause bodily harm to that person; or
(b)
to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.

R.S., c. C-34, s. 229.
Overcoming resistance to commission of offence

246. Every one who, with intent to enable or assist himself or another person to commit an indictable offence,

(a)
attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious or incapable of resistance, or
(b)
administers or causes to be administered to any person, or attempts to administer to any person, or causes or attempts to cause any person to take a stupefying or overpowering drug, matter or thing,

is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 230; 1972, c. 13, s. 70.
Traps likely to cause bodily harm

247. (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not,

(a)
sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or
(b)
being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.
Bodily harm
(2)
Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Offence-related place
(3)
Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.
Offence-related place — bodily harm
(4)
Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.
Death
(5)
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. R.S., 1985, c. C-46, s. 247; 2004, c. 12, s. 6.

Previous Version Interfering with transportation facilities

248. Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.

R.S., c. C-34, s. 232.

Motor Vehicles, Vessels and Aircraft

Dangerous operation of motor vehicles, vessels and aircraft 249. (1) Every one commits an offence who operates

(a)
a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
(b)
a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
(c)
an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
(d)
railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.
Punishment
(2)
Every one who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)
is guilty of an offence punishable on summary conviction.
Dangerous operation causing bodily harm
(3)
Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Dangerous operation causing death
(4)
Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 249; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 57; 1994, c. 44, s. 11.

Flight 249.1 (1) Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.

Punishment

(2)
Every one who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)
is guilty of an offence punishable on summary conviction. Flight causing bodily harm or death
(3)
Every one commits an offence who causes bodily harm to or the death of another person by operating a motor vehicle in a manner described in paragraph 249(1)(a), if the person operating the motor vehicle was being pursued by a peace officer operating a motor vehicle and failed, without reasonable excuse and in order to evade the police officer, to stop the vehicle as soon as is reasonable in the circumstances.
Punishment
(4)
Every person who commits an offence under subsection (3)
(a)
if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and
(b)
if death was caused, is guilty of an indictable offence and liable to imprisonment for life.

2000, c. 2, s. 1.
Causing death by criminal negligence (street racing)

249.2 Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.

2006, c. 14, s. 2.
Causing bodily harm by criminal negligence (street racing)

249.3 Everyone who by criminal negligence causes bodily harm to another person while street racing is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

2006, c. 14, s. 2.

Dangerous operation of motor vehicle while street racing

249.4 (1) Everyone commits an offence who, while street racing, operates a motor vehicle in a manner described in paragraph 249(1)(a).

Punishment

(2)
Everyone 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. Dangerous operation causing bodily harm
(3)
Everyone who commits an offence under subsection (1) and thereby causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Dangerous operation causing death
(4)
Everyone who commits an offence under subsection (1) and thereby causes the death of another person is guilty of an indictable offence and liable to imprisonment for life.

2006, c. 14, s. 2.
Failure to keep watch on person towed

250. (1) Every one who operates a vessel while towing a person on any water skis, surfboard, water sled or other object, when there is not on board such vessel another responsible person keeping watch on the person being towed, is guilty of an offence punishable on summary conviction.

Towing of person after dark

(2) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 250; R.S., 1985, c. 27 (1st Supp.), s. 36.

Unseaworthy vessel and unsafe aircraft

251. (1) Every one who knowingly

(a)
sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy
(i)
on a voyage from a place in Canada to any other place in or out of Canada, or
(ii)
on a voyage from a place on the inland waters of the United States to a place in Canada,
(b)
sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or
(c)
sends for operation or operates railway equipment that is not fit and safe for operation
and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Defences
(2)
An accused shall not be convicted of an offence under this section where the accused establishes that,
(a)
in the case of an offence under paragraph (1)(a),
(i)
the accused used all reasonable means to ensure that the vessel was seaworthy, or
(ii)
to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;
(b)
in the case of an offence under paragraph (1)(b),
(i)
the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or
(ii)
to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and
(c)
in the case of an offence under paragraph (1)(c),
(i)
the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or
(ii)
to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.
Consent of Attorney General
(3)
No proceedings shall be instituted under this section in respect of a vessel or aircraft, or in respect of railway equipment sent for operation or operated on a line of railway that is within the legislative authority of Parliament, without the consent in writing of the Attorney General of Canada.

R.S., 1985, c. C-46, s. 251; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 58.

Failure to stop at scene of accident

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a)
another person,
(b)
a vehicle, vessel or aircraft, or
(c)
in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

Offence involving bodily harm

(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death

(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a)
the person knows that another person involved in the accident is dead; or
(b)
the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.
Evidence
(2)
In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.

R.S., 1985, c. C-46, s. 252; R.S., 1985, c. 27 (1st Supp.), s. 36; 1994, c. 44, s. 12; 1999, c. 32, s. 1(Preamble).

Operation while impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a)
while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b)
having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
For greater certainty
(2)
For greater certainty, the reference to impairment by alcohol or a drug in paragraph

(1)(a) includes impairment by a combination of alcohol and a drug.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59;
2008, c. 6, s. 18.

Previous Version
Definitions

254. (1) In this section and sections 254.1 to 258.1,
“analyst”
« analyste »

“analyst” means a person designated by the Attorney General as an analyst for the
purposes of section 258;
“approved container”
« contenant approuvé »
“approved container” means

(a)
in respect of breath samples, a container of a kind that is designed to receive a sample of the breath of a person for analysis and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada, and
(b)
in respect of blood samples, a container of a kind that is designed to receive a sample of the blood of a person for analysis and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;

“approved instrument”
« alcootest approuvé »
“approved instrument” means an instrument of a kind that is designed to receive and

make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of that person and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;

“approved screening device”
« appareil de détection approuvé »
“approved screening device” means a device of a kind that is designed to ascertain the

presence of alcohol in the blood of a person and that is approved for the purposes of this
section by order of the Attorney General of Canada;
“evaluating officer”

« agent évaluateur »
“evaluating officer” means a peace officer who is qualified under the regulations to
conduct evaluations under subsection (3.1);

“qualified medical practitioner” « médecin qualifié »

“qualified medical practitioner” means a person duly qualified by provincial law to practise medicine;

“qualified technician”

« technicien qualifié »

“qualified technician” means,

(a)
in respect of breath samples, a person designated by the Attorney General as being qualified to operate an approved instrument, and
(b)
in respect of blood samples, any person or person of a class of persons designated by the Attorney General as being qualified to take samples of blood for the purposes of this section and sections 256 and 258.
Testing for presence of alcohol or a drug
(2)
If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel, operated or assisted in the operation of an aircraft or railway equipment or had the care or control of a motor vehicle, a vessel, an aircraft or railway equipment, whether it was in motion or not, the peace officer may, by demand, require the person to comply with paragraph (a), in the case of a drug, or with either or both of paragraphs (a) and (b), in the case of alcohol:
(a)
to perform forthwith physical coordination tests prescribed by regulation to enable the peace officer to determine whether a demand may be made under subsection (3) or (3.1) and, if necessary, to accompany the peace officer for that purpose; and
(b)
to provide forthwith a sample of breath that, in the peace officer’s opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.

Video recording

(2.1) For greater certainty, a peace officer may make a video recording of a performance of the physical coordination tests referred to in paragraph (2)(a).

Samples of breath or blood

(3)
If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under section 253 as a result of the consumption of alcohol, the peace officer may, by demand made as soon as practicable, require the person
(a)
to provide, as soon as practicable,
(i)
samples of breath that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood, or
(ii)
if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to obtain a sample of breath, samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood; and
(b)
if necessary, to accompany the peace officer for that purpose.

Evaluation

(3.1) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under paragraph 253(1)(a) as a result of the consumption of a drug or of a combination of alcohol and a drug, the peace officer may, by demand made as soon as practicable, require the person to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose.

Video recording

(3.2) For greater certainty, a peace officer may make a video recording of an evaluation referred to in subsection (3.1).

Testing for presence of alcohol

(3.3) If the evaluating officer has reasonable grounds to suspect that the person has alcohol in their body and if a demand was not made under paragraph (2)(b) or subsection (3), the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable, a sample of breath that, in the evaluating officer’s opinion, will enable a proper analysis to be made by means of an approved instrument.

Samples of bodily substances

(3.4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe, based on the evaluation, that the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable,

(a)
a sample of either oral fluid or urine that, in the evaluating officer’s opinion, will enable a proper analysis to be made to determine whether the person has a drug in their body; or
(b)
samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine whether the person has a drug in their body.
Condition
(4)
Samples of blood may be taken from a person under subsection (3) or (3.4) only by or under the direction of a qualified medical practitioner who is satisfied that taking the samples would not endanger the person’s life or health.
Failure or refusal to comply with demand
(5)
Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.
Only one determination of guilt
(6)
A person who is convicted of an offence under subsection (5) for a failure or refusal to comply with a demand may not be convicted of another offence under that subsection in respect of the same transaction.

R.S., 1985, c. C-46, s. 254; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), ss. 14, 18(F), c. 32 (4th Supp.), s. 60; 1999, c. 32, s. 2(Preamble); 2008, c. 6, s. 19.

Previous Version

Regulations

254.1 (1) The Governor in Council may make regulations

(a)
respecting the qualifications and training of evaluating officers;
(b)
prescribing the physical coordination tests to be conducted under paragraph 254(2)(a); and
(c)
prescribing the tests to be conducted and procedures to be followed during an evaluation under subsection 254(3.1).
Incorporated material
(2)
A regulation may incorporate any material by reference either as it exists on a specified date or as amended from time to time.
Incorporated material is not a regulation
(3)
For greater certainty, material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

2008, c. 6, s. 20. Punishment

255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

(a)
whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i)
for a first offence, to a fine of not less than $1,000,
(ii)
for a second offence, to imprisonment for not less than 30 days, and

(iii) for each subsequent offence, to imprisonment for not less than 120 days;

(b)
where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and
(c)
if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.
Impaired driving causing bodily harm
(2)
Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Blood alcohol level over legal limit — bodily harm

(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Failure or refusal to provide sample — bodily harm

(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Impaired driving causing death

(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.

Blood alcohol level over legal limit — death

(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.

Failure or refusal to provide sample — death

(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

Interpretation

(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).

Previous convictions

(4)
A person who is convicted of an offence committed under section 253 or subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of
(a)
an offence committed under either of those provisions;
(b)
an offence under subsection (2) or (3); or
(c)
an offence under section 250, 251, 252, 253, 259 or 260 or subsection 258(4) of this Act as this Act read immediately before the coming into force of this subsection.

Conditional discharge

*(5) Notwithstanding subsection 730(1), a court may, instead of convicting a person of an offence committed under section 253, after hearing medical or other evidence, if it considers that the person is in need of curative treatment in relation to his consumption of alcohol or drugs and that it would not be contrary to the public interest, by order direct that the person be discharged under section 730 on the conditions prescribed in a probation order, including a condition respecting the person’s attendance for curative treatment in relation to that consumption of alcohol or drugs.

*[Note: In force in the Provinces of Nova Scotia, New Brunswick, Manitoba, Prince Edward Island, Saskatchewan and Alberta and in the Yukon Territory and the Northwest Territories, see SI/85-211 and SI/88-24.]

R.S., 1985, c. C-46, s. 255; R.S., 1985, c. 27 (1st Supp.), s. 36; R.S., 1985, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 18; 1999, c. 32, s. 3(Preamble); 2000, c. 25, s. 2; 2008, c. 6, s. 21, c. 18, ss. 7, 45.2.

Previous Version

Aggravating circumstances for sentencing purposes

255.1 Without limiting the generality of section 718.2, where a court imposes a sentence for an offence committed under this Act by means of a motor vehicle, vessel or aircraft or of railway equipment, evidence that the concentration of alcohol in the blood of the offender at the time when the offence was committed exceeded one hundred and sixty milligrams of alcohol in one hundred millilitres of blood shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a).

1999, c. 32, s. 4(Preamble).

Warrants to obtain blood samples

256. (1) Subject to subsection (2), if a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice under section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that

(a)
a person has, within the preceding four hours, committed, as a result of the consumption of alcohol or a drug, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and
(b)
a qualified medical practitioner is of the opinion that
(i)
by reason of any physical or mental condition of the person that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his or her blood, and
(ii)
the taking of samples of blood from the person would not endanger the life or health of the person,

the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, the samples of the blood of the person that in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol or drugs in the person’s blood.

Form

(2)
A warrant issued pursuant to subsection (1) may be in Form 5 or 5.1 varied to suit the case.
Information on oath
(3)
Notwithstanding paragraphs 487.1(4)(b) and (c), an information on oath submitted by telephone or other means of telecommunication for the purposes of this section shall include, instead of the statements referred to in those paragraphs, a statement setting out the offence alleged to have been committed and identifying the person from whom blood samples are to be taken.
Duration of warrant
(4)
Samples of blood may be taken from a person pursuant to a warrant issued pursuant to subsection (1) only during such time as a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(b)(i) and (ii) continue to exist in respect of that person.
Copy or facsimile to person
(5)
When a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the blood samples are taken.

R.S., 1985, c. C-46, s. 256; R.S., 1985, c. 27 (1st Supp.), s. 36; 1992, c. 1, s. 58; 1994, c. 44, s. 13; 2000, c. 25, s. 3; 2008, c. 6, s. 22.

Previous Version No offence committed

257. (1) No qualified medical practitioner or qualified technician is guilty of an offence only by reason of his refusal to take a sample of blood from a person for the purposes of section 254 or 256 and no qualified medical practitioner is guilty of an offence only by reason of his refusal to cause to be taken by a qualified technician under his direction a sample of blood from a person for those purposes.

No criminal or civil liability

(2) No qualified medical practitioner by whom or under whose direction a sample of blood is taken from a person under subsection 254(3) or (3.4) or section 256, and no qualified technician acting under the direction of a qualified medical practitioner, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill when taking the sample.

R.S., 1985, c. C-46, s. 257; R.S., 1985, c. 27 (1st Supp.), s. 36; 2008, c. 6, s. 23.

Previous Version

Proceedings under section 255

258. (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or subsection 254(5) or in any proceedings under any of subsections 255(2) to (3.2),

(a)
where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle, vessel or aircraft or any railway equipment or who assists in the operation of an aircraft or of railway equipment, the accused shall be deemed to have had the care or control of the vehicle, vessel, aircraft or railway equipment, as the case may be, unless the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle, vessel, aircraft or railway equipment in motion or assisting in the operation of the aircraft or railway equipment, as the case may be;
(b)
the result of an analysis of a sample of the accused’s breath, blood, urine or other bodily substance — other than a sample taken under subsection 254(3), (3.3) or (3.4) — may be admitted in evidence even if the accused was not warned before they gave the sample that they need not give the sample or that the result of the analysis of the sample might be used in evidence;
(c)
where samples of the breath of the accused have been taken pursuant to a demand made under subsection 254(3), if
(i)
[Not in force]
(ii)
each sample was taken as soon as practicable after the time when the offence was alleged to have been committed and, in the case of the first sample, not later than two hours after that time, with an interval of at least fifteen minutes between the times when the samples were taken,

(iii) each sample was received from the accused directly into an approved container or into an approved instrument operated by a qualified technician, and

(iv)
an analysis of each sample was made by means of an approved instrument operated by a qualified technician,
evidence of the results of the analyses so made is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the analyses were made and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the approved instrument was malfunctioning or was operated improperly, that the malfunction or improper operation resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;
(d)
if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent and if
(i)
at the time the sample was taken, the person taking the sample took an additional sample of the blood of the accused and one of the samples was retained to permit an analysis of it to be made by or on behalf of the accused and, in the case where the accused makes a request within six months from the taking of the samples, one of the samples was ordered to be released under subsection (4),
(ii)
both samples referred to in subparagraph (i) were taken as soon as practicable and in any event not later than two hours after the time when the offence was alleged to have been committed,

(iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician under the direction of a qualified medical practitioner,

(iv)
both samples referred to in subparagraph (i) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed, and
(v)
an analysis was made by an analyst of at least one of the samples,

evidence of the result of the analysis is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the samples were taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the analysis was performed improperly, that the improper performance resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;

(d.01) for greater certainty, evidence tending to show that an approved instrument was malfunctioning or was operated improperly, or that an analysis of a sample of the accused’s blood was performed improperly, does not include evidence of

(i)
the amount of alcohol that the accused consumed,
(ii)
the rate at which the alcohol that the accused consumed would have been absorbed and eliminated by the accused’s body, or

(iii) a calculation based on that evidence of what the concentration of alcohol in the accused’s blood would have been at the time when the offence was alleged to have been committed;

(d.1) if samples of the accused’s breath or a sample of the accused’s blood have been taken as described in paragraph (c) or (d) under the conditions described in that paragraph and the results of the analyses show a concentration of alcohol in blood exceeding 80 mg of alcohol in 100 mL of blood, evidence of the results of the analyses is proof that the concentration of alcohol in the accused’s blood at the time when the offence was alleged to have been committed exceeded 80 mg of alcohol in 100 mL of blood, in the absence of evidence tending to show that the accused’s consumption of alcohol was consistent with both

(i)
a concentration of alcohol in the accused’s blood that did not exceed 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed, and
(ii)
the concentration of alcohol in the accused’s blood as determined under paragraph (c) or (d), as the case may be, at the time when the sample or samples were taken;
(e)
a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood, urine, breath or other bodily substance of the accused and stating the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate;
(f)
a certificate of an analyst stating that the analyst has made an analysis of a sample of an alcohol standard that is identified in the certificate and intended for use with an approved instrument and that the sample of the standard analyzed by the analyst was found to be suitable for use with an approved instrument, is evidence that the alcohol standard so identified is suitable for use with an approved instrument without proof of the signature or the official character of the person appearing to have signed the certificate;

(f.1) the document printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made the analysis of a sample of the accused’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person appearing to have signed it;

(g)
where samples of the breath of the accused have been taken pursuant to a demand made under subsection 254(3), a certificate of a qualified technician stating
(i)
that the analysis of each of the samples has been made by means of an approved instrument operated by the technician and ascertained by the technician to be in proper working order by means of an alcohol standard, identified in the certificate, that is suitable for use with an approved instrument,
(ii)
the results of the analyses so made, and

(iii) if the samples were taken by the technician,

(A)
[Not in force]
(B)
the time when and place where each sample and any specimen described in clause
(A)
was taken, and
(C)
that each sample was received from the accused directly into an approved container or into an approved instrument operated by the technician,
is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate;
(h)
if a sample of the accused’s blood has been taken under subsection 254(3) or (3.4) or section 256 or with the accused’s consent,
(i)
a certificate of a qualified medical practitioner stating that
(A)
they took the sample and before the sample was taken they were of the opinion that taking it would not endanger the accused’s life or health and, in the case of a demand made under section 256, that by reason of any physical or mental condition of the accused that resulted from the consumption of alcohol or a drug, the accident or any other
occurrence related to or resulting from the accident, the accused was unable to consent to the taking of the sample,
(B)
at the time the sample was taken, an additional sample of the blood of the accused was taken to permit analysis of one of the samples to be made by or on behalf of the accused,
(C)
the time when and place where both samples referred to in clause (B) were taken, and
(D)
both samples referred to in clause (B) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed and that are identified in the certificate,
(ii)
a certificate of a qualified medical practitioner stating that the medical practitioner caused the sample to be taken by a qualified technician under his direction and that before the sample was taken the qualified medical practitioner was of the opinion referred to in clause (i)(A), or

(iii) a certificate of a qualified technician stating that the technician took the sample and the facts referred to in clauses (i)(B) to (D)

is evidence of the facts alleged in the certificate without proof of the signature or official character of the person appearing to have signed the certificate; and

(i)
a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood of the accused that was contained in a sealed approved container identified in the certificate, the date on which and place where the sample was analyzed and the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or official character of the person appearing to have signed it.
Evidence of failure to give sample
(2)
Unless a person is required to give a sample of a bodily substance under paragraph 254(2)(b) or subsection 254(3), (3.3) or (3.4), evidence that they failed or refused to give a sample for analysis for the purposes of this section or that a sample was not taken is not admissible and the failure, refusal or fact that a sample was not taken shall not be the subject of comment by any person in the proceedings.
Evidence of failure to comply with demand
(3)
In any proceedings under subsection 255(1) in respect of an offence committed under paragraph 253(1)(a) or in any proceedings under subsection 255(2) or (3), evidence that the accused, without reasonable excuse, failed or refused to comply with a demand made under section 254 is admissible and the court may draw an inference adverse to the accused from that evidence.
Release of sample for analysis
(4)
If, at the time a sample of an accused’s blood is taken, an additional sample is taken and retained, a judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the accused made within six months after the day on which the samples were taken, order the release of one of the samples for the purpose of examination or analysis, subject to any terms that appear to be necessary or desirable to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken.
Testing of blood for concentration of a drug
(5)
A sample of an accused’s blood taken under subsection 254(3) or section 256 or with the accused’s consent for the purpose of analysis to determine the concentration, if any, of alcohol in the blood may be tested to determine the concentration, if any, of a drug in the blood.
Attendance and right to cross-examine
(6)
A party against whom a certificate described in paragraph (1)(e), (f), (f.1), (g), (h) or
(i)
is produced may, with leave of the court, require the attendance of the qualified medical practitioner, analyst or qualified technician, as the case may be, for the purposes of cross-examination.
Notice of intention to produce certificate
(7)
No certificate shall be received in evidence pursuant to paragraph (1)(e), (f), (g), (h) or (i) unless the party intending to produce it has, before the trial, given to the other party reasonable notice of his intention and a copy of the certificate.

R.S., 1985, c. C-46, s. 258; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 61; 1992, c. 1, s. 60(F); 1994, c. 44, s. 14(E); 1997, c. 18, s. 10; 2008, c. 6, s. 24.

Previous Version

Unauthorized use of bodily substance

258.1 (1) Subject to subsections 258(4) and (5) and subsection (3), no person shall use a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.

Unauthorized use or disclosure of results

(2)
Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except
(a)
in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or
(b)
for the purpose of the administration or enforcement of the law of a province.
Exception
(3)
Subsections (1) and (2) do not apply to persons who for medical purposes use samples or use or disclose the results of tests, taken for medical purposes, that are subsequently seized under a warrant.
Exception
(4)
The results of physical coordination tests, an evaluation or an analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or other research purposes.
Offence
(5)
Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

2008, c. 6, s. 25.

Mandatory order of prohibition

259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

(a)
for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b)
for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c)
for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

Alcohol ignition interlock device program

(1.1) If the offender is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and complies with the conditions of the program, the offender may, subject to subsection (1.2), operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period, unless the court orders otherwise.

Minimum absolute prohibition period

(1.2) An offender who is registered in a program referred to in subsection (1.1) may not operate a motor vehicle equipped with an alcohol ignition interlock device until

(a)
the expiry of a period of
(i)
for a first offence, 3 months after the day on which sentence is imposed,
(ii)
for a second offence, 6 months after the day on which sentence is imposed, and

(iii) for each subsequent offence, 12 months after the day on which sentence is imposed; or

(b) the expiry of any period that may be fixed by order of the court that is greater than a period referred to in paragraph (a).

(1.3) and (1.4) [Repealed, 2008, c. 18, s. 8] Discretionary order of prohibition

(2)
If an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252 or any of subsections 255(2) to (3.2) committed by means of a motor vehicle, a vessel, an aircraft or railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor
vehicle on any street, road, highway or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be,
(a)
during any period that the court considers proper, if the offender is sentenced to imprisonment for life in respect of that offence;

(a.1) during any period that the court considers proper, plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for life in respect of that offence and if the sentence imposed is other than imprisonment for life;

(b)
during any period not exceeding ten years plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for more than five years but less than life in respect of that offence; and
(c)
during any period not exceeding three years plus any period to which the offender is sentenced to imprisonment, in any other case.

Consecutive prohibition periods

(2.1) The court may, when it makes an order under this section prohibiting the operation of a motor vehicle, a vessel, an aircraft or railway equipment, as the case may be, order that the time served under that order be served consecutively to the time served under any other order made under this section that prohibits the operation of the same means of transport and that is in force.

Saving

(3) No order made under subsection (1) or (2) shall operate to prevent any person from acting as master, mate or engineer of a vessel that is required to carry officers holding certificates as master, mate or engineer.

Mandatory order of prohibition — street racing

(3.1) When an offender is convicted or discharged under section 730 of an offence committed under subsection 249.4(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

(a)
for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b)
for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c)
for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

Mandatory order of prohibition — bodily harm

(3.2) When an offender is convicted or discharged under section 730 of an offence committed under section 249.3 or subsection 249.4(3), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

(a)
for a first offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b)
for a second offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c)
for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

Mandatory order of prohibition — death

(3.3) When an offender is convicted or discharged under section 730 of a first offence committed under section 249.2 or subsection 249.4(4), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

(a)
for an offence under section 249.2, during a period of not less than one year plus any period to which the offender is sentenced to imprisonment; and
(b)
for an offence under subsection 249.4(4), during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year.

Mandatory life prohibition

(3.4) When an offender is convicted or discharged under section 730 of an offence committed under section 249.2 or 249.3 or subsection 249.4(3) or (4), the offender has previously been convicted or discharged under section 730 of one of those offences and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4), the court that sentences the offender shall make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place for life.

Operation while disqualified

(4)
Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,
(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 “disqualification”
(5)
For the purposes of this section, “disqualification” means
(a)
a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to any of subsections (1), (2) and (3.1) to (3.4); or
(b)
a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed
(i)
in the case of a motor vehicle, under the law of a province, or
(ii)
in the case of a vessel or an aircraft, under an Act of Parliament,

in respect of a conviction or discharge under section 730 of any offence referred to in any
of subsections (1), (2) and (3.1) to (3.4).
R.S., 1985, c. C-46, s. 259; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F),

c. 32 (4th Supp.), s. 62; 1995, c. 22, ss. 10, 18; 1997, c. 18, s. 11; 1999, c. 32, s. 5(Preamble); 2000, c. 2, s. 2; 2001, c. 37, s. 1; 2006, c. 14, s. 3; 2008, c. 6, s. 26, c. 18, s.

8. Previous Version Proceedings on making of prohibition order

260. (1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause

(a)
the order to be read by or to the offender;
(b)
a copy of the order to be given to the offender; and
(c)
the offender to be informed of subsection 259(4).
Endorsement by offender
(2)
After subsection (1) has been complied with in relation to an offender who is bound by an order referred to in that subsection, the offender shall endorse the order, acknowledging receipt of a copy thereof and that the order has been explained to him.
Validity of order not affected
(3)
The failure of an offender to endorse an order pursuant to subsection (2) does not affect the validity of the order.
Onus
(4)
In the absence of evidence to the contrary, where it is proved that a disqualification referred to in paragraph 259(5)(b) has been imposed on a person and that notice of the disqualification has been mailed by registered or certified mail to that person, that person shall, after five days following the mailing of the notice, be deemed to have received the notice and to have knowledge of the disqualification, of the date of its commencement and of its duration.
Certificate admissible in evidence
(5)
In proceedings under section 259, a certificate setting out with reasonable particularity that a person is disqualified from
(a)
driving a motor vehicle in a province, purporting to be signed by the registrar of motor vehicles for that province, or
(b)
operating a vessel or aircraft, purporting to be signed by the Minister of Transport or any person authorized by the Minister of Transport for that purpose

is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.

Notice to accused

(6)
Subsection (5) does not apply in any proceedings unless at least seven days notice in writing is given to the accused that it is intended to tender the certificate in evidence.
Definition of “registrar of motor vehicles”
(7)
In subsection (5), “registrar of motor vehicles” includes the deputy of that registrar and any other person or body, by whatever name or title designated, that from time to time performs the duties of superintending the registration of motor vehicles in the province.

R.S., 1985, c. C-46, s. 260; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
2006, c. 14, s. 4.
Previous Version
Stay of order pending appeal

261. (1) Subject to subsection (1.1), if an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any prohibition order under section 259 arising out of the conviction or discharge shall, on any conditions that the judge or court imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

Appeals to Supreme Court of Canada

(1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.

Effect of conditions

(2) If conditions are imposed under a direction made under subsection (1) or (1.1) that a prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.

R.S., 1985, c. C-46, s. 261; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F); 1994, c. 44, ss. 15, 103; 1995, c. 22, s. 10; 1997, c. 18, ss. 12, 141; 2006, c. 14, s. 5; 2008,

c. 6, s. 27. Previous Version Impeding attempt to save life

262. Every one who

(a)
prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
(b)
without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., c. C-34, s. 241.

Duty to safeguard opening in ice

263. (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

Excavation on land

(2)
Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.
Offences
(3)
Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of
(a)
manslaughter, if the death of any person results therefrom;
(b)
an offence under section 269, if bodily harm to any person results therefrom; or
(c)
an offence punishable on summary conviction. R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18. Criminal harassment

264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Prohibited conduct

(2)
The conduct mentioned in subsection (1) consists of
(a)
repeatedly following from place to place the other person or anyone known to them;
(b)
repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c)
besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d)
engaging in threatening conduct directed at the other person or any member of their family.
Punishment
(3)
Every person who contravenes this section is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b)
an offence punishable on summary conviction. Factors to be considered
(4)
Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
(a)
the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
(b)
the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).
Reasons
(5)
Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

R.S., 1985, c. C-46, s. 264; R.S., 1985, c. 27 (1st Supp.), s. 37; 1993, c. 45, s. 2; 1997, c. 16, s. 4, c. 17, s. 9; 2002, c. 13, s. 10.

Assaults

Uttering threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

(a)
to cause death or bodily harm to any person;
(b)
to burn, destroy or damage real or personal property; or
(c)
to kill, poison or injure an animal or bird that is the property of any person.
Punishment
(2)
Every one who commits an offence under paragraph (1)(a) is guilty of
(a)
an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)
an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Idem
(3)
Every one who commits an offence under paragraph (1)(b) or (c)
(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b)
is guilty of an offence punishable on summary conviction.
R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16.
Assault


265. (1) A person commits an assault when

(a)
without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b)
he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c)
while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Application
(2)
This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Consent
(3)
For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a)
the application of force to the complainant or to a person other than the complainant;
(b)
threats or fear of the application of force to the complainant or to a person other than the complainant;
(c)
fraud; or
(d)
the exercise of authority. Accused’s belief as to consent
(4)
Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c. 125, s. 19.

Assault

266. Every one who commits an assault is guilty of

(a)
an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b)
an offence punishable on summary conviction.
R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22; 1980-81-82-83, c. 125,

s.
19.
Assault with a weapon or causing bodily harm


267. Every one who, in committing an assault,

(a)
carries, uses or threatens to use a weapon or an imitation thereof, or
(b)
causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17.

Aggravated assault

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2)
Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Excision
(3)
For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where
(a)
a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or
(b)
the person is at least eighteen years of age and there is no resulting bodily harm. Consent
(4)
For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

R.S., 1985, c. C-46, s. 268; 1997, c. 16, s. 5.

Unlawfully causing bodily harm

269. Every one who unlawfully causes bodily harm to any person is guilty of

(a)
an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b)
an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18. Torture

269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Definitions

(2)
For the purposes of this section,
“official”
« fonctionnaire »
“official” means



(a)
a peace officer,
(b)
a public officer,
(c)
a member of the Canadian Forces, or
(d)
any person who may exercise powers, pursuant to a law in force in a foreign state,
that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),
whether the person exercises powers in Canada or outside Canada;
“torture”



« torture » “torture” means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person
(a)
for a purpose including
(i)
obtaining from the person or from a third person information or a statement,
(ii)
punishing the person for an act that the person or a third person has committed or is suspected of having committed, and

(iii) intimidating or coercing the person or a third person, or

(b) for any reason based on discrimination of any kind,

but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.

No defence

(3)
It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.
Evidence
(4)
In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

R.S., 1985, c. 10 (3rd Supp.), s. 2.

Assaulting a peace officer

270. (1) Every one commits an offence who

(a)
assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b)
assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c)
assaults a person
(i)
who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii)
with intent to rescue anything taken under lawful process, distress or seizure. Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b)
an offence punishable on summary conviction.
R.S., c. C-34, s. 246; 1972, c. 13, s. 22; 1980-81-82-83, c. 125, s. 19.
Assaulting peace officer with weapon or causing bodily harm


270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,

(a)
carries, uses or threatens to use a weapon or an imitation of one; or
(b)
causes bodily harm to the complainant. Punishment
(2)
Everyone who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)
an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.

2009, c. 22, s. 9.
Aggravated assault of peace officer

270.02 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

2009, c. 22, s. 9.

Disarming a peace officer

270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

Definition of “weapon”

(2)
For the purpose of subsection (1), “weapon” means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.
Punishment
(3)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.

2002, c. 13, s. 11. Sexual assault

271. (1) Every one who commits a sexual assault is guilty of

(a)
an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b)
an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(2)
[Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 10]
R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19.
Sexual assault with a weapon, threats to a third party or causing bodily harm



272. (1) Every person commits an offence who, in committing a sexual assault,

(a)
carries, uses or threatens to use a weapon or an imitation of a weapon;
(b)
threatens to cause bodily harm to a person other than the complainant;
(c)
causes bodily harm to the complainant; or
(d)
is a party to the offence with any other person.
Punishment

(2)
Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and

(b)
in any other case, to imprisonment for a term not exceeding fourteen years. Subsequent offences
(3)
In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10. Previous Version Aggravated sexual assault

273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

Aggravated sexual assault

(2)
Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for
the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b)
in any other case, to imprisonment for life. Subsequent offences
(3)
In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11.
Previous Version
Meaning of “consent”

273.1 (1) Subject to subsection (2) and subsection 265(3), “consent” means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

Where no consent obtained

(2)
No consent is obtained, for the purposes of sections 271, 272 and 273, where
(a)
the agreement is expressed by the words or conduct of a person other than the complainant;
(b)
the complainant is incapable of consenting to the activity;
(c)
the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
(d)
the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
(e)
the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
Subsection (2) not limiting
(3)
Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

1992, c. 38, s. 1.
Where belief in consent not a defence

273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where

(a)
the accused’s belief arose from the accused’s
(i)
self-induced intoxication, or
(ii)
recklessness or wilful blindness; or
(b)
the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

1992, c. 38, s. 1.
Removal of child from Canada

273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

(a)
under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;
(b)
16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or
(c)
under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.
Punishment
(2)
Every person who contravenes this section is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b)
an offence punishable on summary conviction.
1993, c. 45, s. 3; 1997, c. 18, s. 13; 2008, c. 6, s. 54.
Previous Version
Corroboration not required



274. If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

R.S., 1985, c. C-46, s. 274; R.S., 1985, c. 19 (3rd Supp.), s. 11; 2002, c. 13, s. 12.

Rules respecting recent complaint abrogated

275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

R.S., 1985, c. C-46, s. 275; R.S., 1985, c. 19 (3rd Supp.), s. 11; 2002, c. 13, s. 12.

Evidence of complainant’s sexual activity 276. (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

(a)
is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or
(b)
is less worthy of belief. Idem
(2)
In proceedings in respect of an offence referred to in subsection (1), no evidence shall be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.1 and 276.2, that the evidence
(a)
is of specific instances of sexual activity;
(b)
is relevant to an issue at trial; and
(c)
has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.
Factors that judge must consider
(3)
In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account
(a)
the interests of justice, including the right of the accused to make a full answer and defence;
(b)
society’s interest in encouraging the reporting of sexual assault offences;
(c)
whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;
(d)
the need to remove from the fact-finding process any discriminatory belief or bias;
(e)
the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;
(f)
the potential prejudice to the complainant’s personal dignity and right of privacy;
(g)
the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
(h)
any other factor that the judge, provincial court judge or justice considers relevant.

R.S., 1985, c. C-46, s. 276; R.S., 1985, c. 19 (3rd Supp.), s. 12; 1992, c. 38, s. 2; 2002, c.
13, s. 13.
Application for hearing

276.1 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.2 to determine whether evidence is admissible under subsection 276(2).

Form and content of application

(2)
An application referred to in subsection (1) must be made in writing and set out
(a)
detailed particulars of the evidence that the accused seeks to adduce, and
(b)
the relevance of that evidence to an issue at trial,
and a copy of the application must be given to the prosecutor and to the clerk of the court.
Jury and public excluded


(3)
The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.
Judge may decide to hold hearing
(4)
Where the judge, provincial court judge or justice is satisfied
(a)
that the application was made in accordance with subsection (2),
(b)
that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and
(c)
that the evidence sought to be adduced is capable of being admissible under subsection 276(2),

the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.2 to determine whether the evidence is admissible under subsection 276(2).

1992, c. 38, s. 2.

Jury and public excluded

276.2 (1) At a hearing to determine whether evidence is admissible under subsection 276(2), the jury and the public shall be excluded.

Complainant not compellable

(2)
The complainant is not a compellable witness at the hearing. Judge’s determination and reasons
(3)
At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part thereof, is admissible under subsection 276(2) and shall provide reasons for that determination, and
(a)
where not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b)
the reasons must state the factors referred to in subsection 276(3) that affected the determination; and
(c)
where all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Record of reasons
(4)
The reasons provided under subsection (3) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.

1992, c. 38, s. 2. Publication prohibited

276.3 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:

(a)
the contents of an application made under section 276.1;
(b)
any evidence taken, the information given and the representations made at an application under section 276.1 or at a hearing under section 276.2;
(c)
the decision of a judge or justice under subsection 276.1(4), unless the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and
(d)
the determination made and the reasons provided under section 276.2, unless
(i)
that determination is that evidence is admissible, or
(ii)
the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.
Offence
(2)
Every person who contravenes subsection (1) is guilty of an offence punishable on
summary conviction.
1992, c. 38, s. 2; 2005, c. 32, s. 13.


Previous Version Judge to instruct jury re use of evidence

276.4 Where evidence is admitted at trial pursuant to a determination made under section 276.2, the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

1992, c. 38, s. 2.

Appeal

276.5 For the purposes of sections 675 and 676, a determination made under section

  1. shall be deemed to be a question of law.
    1992, c. 38, s. 2.
    Reputation evidence


  2. In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

R.S., 1985, c. C-46, s. 277; R.S., 1985, c. 19 (3rd Supp.), s. 13; 2002, c. 13, s. 14.

Spouse may be charged

278. A husband or wife may be charged with an offence under section 271, 272 or 273 in respect of his or her spouse, whether or not the spouses were living together at the time the activity that forms the subject-matter of the charge occurred.

1980-81-82-83, c. 125, s. 19.

Definition of “record”

278.1 For the purposes of sections 278.2 to 278.9, “record” means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.

1997, c. 30, s. 1.

Production of record to accused

278.2 (1) No record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of

(a)
an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272 or 273,
(b)
an offence under section 144, 145, 149, 156, 245 or 246 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 section 146, 151, 153, 155, 157, 166 or 167 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988,

or in any proceedings in respect of two or more offences that include an offence referred to in any of paragraphs (a) to (c), except in accordance with sections 278.3 to 278.91.

Application of provisions

(2)
Section 278.1, this section and sections 278.3 to 278.91 apply where a record is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness to whom the record relates has expressly waived the application of those sections.
Duty of prosecutor to give notice
(3)
In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused that the record is in

the prosecutor’s possession but, in doing so, the prosecutor shall not disclose the record’s
contents.
1997, c. 30, s. 1; 1998, c. 9, s. 3.
Application for production

278.3 (1) An accused who seeks production of a record referred to in subsection 278.2(1) must make an application to the judge before whom the accused is to be, or is being, tried.

No application in other proceedings

(2)
For greater certainty, an application under subsection (1) may not be made to a judge or justice presiding at any other proceedings, including a preliminary inquiry.
Form and content of application
(3)
An application must be made in writing and set out
(a)
particulars identifying the record that the accused seeks to have produced and the name of the person who has possession or control of the record; and
(b)
the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify.
Insufficient grounds
(4)
Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify:
(a)
that the record exists;
(b)
that the record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
(c)
that the record relates to the incident that is the subject-matter of the proceedings;
(d)
that the record may disclose a prior inconsistent statement of the complainant or witness;
(e)
that the record may relate to the credibility of the complainant or witness;
(f)
that the record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
(g)
that the record may reveal allegations of sexual abuse of the complainant by a person other than the accused;
(h)
that the record relates to the sexual activity of the complainant with any person, including the accused;
(i)
that the record relates to the presence or absence of a recent complaint;
(j)
that the record relates to the complainant’s sexual reputation; or
(k)
that the record was made close in time to a complaint or to the activity that forms the subject-matter of the charge against the accused.
Service of application and subpoena
(5)
The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least seven days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.
Service on other persons
(6)
The judge may at any time order that the application be served on any person to whom the judge considers the record may relate.

1997, c. 30, s. 1.

Hearing in camera

278.4 (1) The judge shall hold a hearing in camera to determine whether to order the person who has possession or control of the record to produce it to the court for review by the judge.

Persons who may appear at hearing

(2)
The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
Costs
(3)
No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing.

1997, c. 30, s. 1.
Judge may order production of record for review

278.5 (1) The judge may order the person who has possession or control of the record to produce the record or part of the record to the court for review by the judge if, after the hearing referred to in subsection 278.4(1), the judge is satisfied that

(a)
the application was made in accordance with subsections 278.3(2) to (6);
(b)
the accused has established that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
(c)
the production of the record is necessary in the interests of justice. Factors to be considered
(2)
In determining whether to order the production of the record or part of the record for review pursuant to subsection (1), the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy and equality of the complainant or witness, as the case may be, and any other person to whom the record relates. In particular, the judge shall take the following factors into account:
(a)
the extent to which the record is necessary for the accused to make a full answer and defence;
(b)
the probative value of the record;
(c)
the nature and extent of the reasonable expectation of privacy with respect to the record;
(d)
whether production of the record is based on a discriminatory belief or bias;
(e)
the potential prejudice to the personal dignity and right to privacy of any person to whom the record relates;
(f)
society’s interest in encouraging the reporting of sexual offences;
(g)
society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
(h)
the effect of the determination on the integrity of the trial process.

1997, c. 30, s. 1.

Review of record by judge

278.6 (1) Where the judge has ordered the production of the record or part of the record for review, the judge shall review it in the absence of the parties in order to determine whether the record or part of the record should be produced to the accused.

Hearing in camera

(2)
The judge may hold a hearing in camera if the judge considers that it will assist in making the determination.
Provisions re hearing
(3)
Subsections 278.4(2) and (3) apply in the case of a hearing under subsection (2).

1997, c. 30, s. 1.

Judge may order production of record to accused

278.7 (1) Where the judge is satisfied that the record or part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of justice, the judge may order that the record or part of the record that is likely relevant be produced to the accused, subject to any conditions that may be imposed pursuant to subsection (3).

Factors to be considered

(2)
In determining whether to order the production of the record or part of the record to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy and equality of the complainant or witness, as the case may be, and any other person to whom the record relates and, in particular, shall take the factors specified in paragraphs 278.5(2)(a) to (h) into account.
Conditions on production
(3)
Where the judge orders the production of the record or part of the record to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy and equality interests of the complainant or witness, as the case may be, and any other person to whom the record relates, including, for example, the following conditions:
(a)
that the record be edited as directed by the judge;
(b)
that a copy of the record, rather than the original, be produced;
(c)
that the accused and counsel for the accused not disclose the contents of the record to any other person, except with the approval of the court;
(d)
that the record be viewed only at the offices of the court;
(e)
that no copies of the record be made or that restrictions be imposed on the number of copies of the record that may be made; and
(f)
that information regarding any person named in the record, such as their address, telephone number and place of employment, be severed from the record.
Copy to prosecutor
(4)
Where the judge orders the production of the record or part of the record to the accused, the judge shall direct that a copy of the record or part of the record be provided to the prosecutor, unless the judge determines that it is not in the interests of justice to do so.
Record not to be used in other proceedings
(5)
The record or part of the record that is produced to the accused pursuant to an order under subsection (1) shall not be used in any other proceedings.
Retention of record by court
(6)
Where the judge refuses to order the production of the record or part of the record to the accused, the record or part of the record shall, unless a court orders otherwise, be kept in a sealed package by the court until the later of the expiration of the time for any appeal and the completion of any appeal in the proceedings against the accused, whereupon the record or part of the record shall be returned to the person lawfully entitled to possession or control of it.

1997, c. 30, s. 1.

Reasons for decision

278.8 (1) The judge shall provide reasons for ordering or refusing to order the production of the record or part of the record pursuant to subsection 278.5(1) or 278.7(1).

Record of reasons (2) The reasons referred to in subsection (1) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.

1997, c. 30, s. 1. Publication prohibited

278.9 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:

(a)
the contents of an application made under section 278.3;
(b)
any evidence taken, information given or submissions made at a hearing under subsection 278.4(1) or 278.6(2); or
(c)
the determination of the judge pursuant to subsection 278.5(1) or 278.7(1) and the reasons provided pursuant to section 278.8, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record relates, orders that the determination may be published.
Offence
(2)
Every person who contravenes subsection (1) is guilty of an offence punishable on
summary conviction.
1997, c. 30, s. 1; 2005, c. 32, s. 14.


Previous Version Appeal

278.91 For the purposes of sections 675 and 676, a determination to make or refuse to make an order pursuant to subsection 278.5(1) or 278.7(1) is deemed to be a question of law.

1997, c. 30, s. 1.

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Kidnapping

279. (1) Every person commits an offence who kidnaps a person with intent

(a)
to cause the person to be confined or imprisoned against the person’s will;
(b)
to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
(c)
to hold the person for ransom or to service against the person’s will. Punishment

(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life. Subsequent offences

(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a)
an offence under subsection (1);
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Forcible confinement

(2)
Every one who, without lawful authority, confines, imprisons or forcibly seizes another 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.
Non-resistance
(3)
In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.

R.S., 1985, c. C-46, s. 279; R.S., 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39, s. 147; 1997,

c. 18, s. 14; 2008, c. 6, s. 30; 2009, c. 22, s. 12. Previous Version Trafficking in persons

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a)
to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
(b)
to imprisonment for a term of not more than fourteen years in any other case. Consent
(2)
No consent to the activity that forms the subject-matter of a charge under subsection
(1)
is valid. 2005, c. 43, s. 3.

Trafficking of a person under the age of eighteen years

279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a)
to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
(b)
to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.
Consent
(2)
No consent to the activity that forms the subject-matter of a charge under subsection
(1)
is valid.

2010, c. 3, s. 2.

Material benefit

279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1) or 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

2005, c. 43, s. 3; 2010, c. 3, s. 3.

Previous Version

Withholding or destroying documents

279.03 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) or 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic.

2005, c. 43, s. 3; 2010, c. 3, s. 3.

Previous Version

Exploitation

279.04 For the purposes of sections 279.01 to 279.03, a person exploits another person if they

(a)
cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or
(b)
cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

2005, c. 43, s. 3.

Hostage taking

279.1 (1) Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

(a)
confines, imprisons, forcibly seizes or detains that person; and
(b)
in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.
Hostage-taking
(2)
Every person who takes a person hostage is guilty of an indictable offence and liable
(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Subsequent offences

(2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Non-resistance

(3) Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279.

R.S., 1985, c. 27 (1st Supp.), s. 40; 1995, c. 39, s. 148; 2008, c. 6, s. 31; 2009, c. 22, s.

13. Previous Version Abduction of person under sixteen

280. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Definition of “guardian”

(2) In this section and sections 281 to 283, “guardian” includes any person who has in law or in fact the custody or control of another person.

R.S., c. C-34, s. 249; 1980-81-82-83, c. 125, s. 20.

Abduction of person under fourteen

281. Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., c. C-34, s. 250; 1980-81-82-83, c. 125, s. 20.

Abduction in contravention of custody order

282. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

(a)
an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b)
an offence punishable on summary conviction.
Where no belief in validity of custody order
(2)
Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283.

R.S., 1985, c. C-46, s. 282; 1993, c. 45, s. 4.

Abduction

283. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of

(a)
an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b)
an offence punishable on summary conviction. Consent required
(2)
No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

R.S., 1985, c. C-46, s. 283; 1993, c. 45, s. 5. Defence

284. No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

1980-81-82-83, c. 125, s. 20.

Defence

285. No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.

R.S., 1985, c. C-46, s. 285; 1993, c. 45, s. 6.

No defence

286. In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

1980-81-82-83, c. 125, s. 20.

Abortion

Procuring miscarriage

287. (1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.

Woman procuring her own miscarriage

(2)
Every female person who, being pregnant, with intent to procure her own miscarriage, uses any means or permits any means to be used for the purpose of carrying out her intention is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Definition of “means”
(3)
In this section, “means” includes
(a)
the administration of a drug or other noxious thing;
(b)
the use of an instrument; and
(c)
manipulation of any kind. Exceptions
(4)
Subsections (1) and (2) do not apply to
(a)
a qualified medical practitioner, other than a member of a therapeutic abortion committee for any hospital, who in good faith uses in an accredited or approved hospital any means for the purpose of carrying out his intention to procure the miscarriage of a female person, or
(b)
a female person who, being pregnant, permits a qualified medical practitioner to use in an accredited or approved hospital any means for the purpose of carrying out her intention to procure her own miscarriage,
if, before the use of those means, the therapeutic abortion committee for that accredited or approved hospital, by a majority of the members of the committee and at a meeting of the committee at which the case of the female person has been reviewed,
(c)
has by certificate in writing stated that in its opinion the continuation of the pregnancy of the female person would or would be likely to endanger her life or health, and
(d)
has caused a copy of that certificate to be given to the qualified medical practitioner. Information requirement
(5)
The Minister of Health of a province may by order
(a)
require a therapeutic abortion committee for any hospital in that province, or any member thereof, to furnish him with a copy of any certificate described in paragraph
(4)(c) issued by that committee, together with such other information relating to the circumstances surrounding the issue of that certificate as he may require; or
(b)
require a medical practitioner who, in that province, has procured the miscarriage of any female person named in a certificate described in paragraph (4)(c), to furnish him with a copy of that certificate, together with such other information relating to the procuring of the miscarriage as he may require.
Definitions
(6)
For the purposes of subsections (4) and (5) and this subsection,
“accredited hospital”
« hôpital accrédité »
“accredited hospital” means a hospital accredited by the Canadian Council on Hospital



Accreditation in which diagnostic services and medical, surgical and obstetrical treatment
are provided;
“approved hospital”

« hôpital approuvé »
“approved hospital” means a hospital in a province approved for the purposes of this
section by the Minister of Health of that province;

“board”
« conseil »
“board” means the board of governors, management or directors, or the trustees,

commission or other person or group of persons having the control and management of
an accredited or approved hospital;
“Minister of Health”
« ministre de la Santé »
“Minister of Health” means

(a)
in the Provinces of Ontario, Quebec, New Brunswick, Prince Edward Island, Manitoba and Newfoundland, the Minister of Health,
(b)
in the Provinces of Nova Scotia and Saskatchewan, the Minister of Public Health, and
(c)
in the Province of British Columbia, the Minister of Health Services and Hospital Insurance,
(d)
in the Province of Alberta, the Minister of Hospitals and Medical Care,
(e)
in Yukon, the Northwest Territories and Nunavut, the Minister of Health;
“qualified medical practitioner”
« médecin qualifié »
“qualified medical practitioner” means a person entitled to engage in the practice of



medicine under the laws of the province in which the hospital referred to in subsection

(4)
is situated;
“therapeutic abortion committee”
« comité de l’avortement thérapeutique »
“therapeutic abortion committee” for any hospital means a committee, comprised of not



less than three members each of whom is a qualified medical practitioner, appointed by the board of that hospital for the purpose of considering and determining questions relating to terminations of pregnancy within that hospital.

Requirement of consent not affected

(7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be required, otherwise than under this Act, before any means are used for the purpose of carrying out an intention to procure the miscarriage of a female person.

R.S., 1985, c. C-46, s. 287; 1993, c. 28, s. 78; 1996, c. 8, s. 32; 2002, c. 7, s. 141.

Previous Version

Supplying noxious things

288. Every one who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended to be used or employed to procure the miscarriage of a female person, whether or not she is pregnant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 252.

Venereal Diseases

289. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]

Offences Against Conjugal Rights

Bigamy

290. (1) Every one commits bigamy who

(a)
in Canada,
(i)
being married, goes through a form of marriage with another person,
(ii)
knowing that another person is married, goes through a form of marriage with that person, or

(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

(b)
being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.
Matters of defence
(2)
No person commits bigamy by going through a form of marriage if
(a)
that person in good faith and on reasonable grounds believes that his spouse is dead;
(b)
the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;
(c)
that person has been divorced from the bond of the first marriage; or
(d)
the former marriage has been declared void by a court of competent jurisdiction. Incompetency no defence
(3)
Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.
Validity presumed
(4)
Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.
Act or omission by accused
(5)
No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

R.S., c. C-34, s. 254. Punishment

291. (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Certificate of marriage

(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

R.S., c. C-34, s. 255.

Procuring feigned marriage

292. (1) Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Corroboration

(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

R.S., c. C-34, s. 256; 1980-81-82-83, c. 125, s. 21.

Polygamy

293. (1) Every one who

(a)
practises or enters into or in any manner agrees or consents to practise or enter into
(i)
any form of polygamy, or
(ii)
any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or
(b)
celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Evidence in case of polygamy

(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

R.S., c. C-34, s. 257.

Unlawful Solemnization of Marriage

Pretending to solemnize marriage

294. Every one who

(a)
solemnizes or pretends to solemnize a marriage without lawful authority, the proof of which lies on him, or
(b)
procures a person to solemnize a marriage knowing that he is not lawfully authorized

to solemnize the marriage,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two
years.

R.S., c. C-34, s. 258. Marriage contrary to law

295. Every one who, being lawfully authorized to solemnize marriage, knowingly and wilfully solemnizes a marriage in contravention of the laws of the province in which the marriage is solemnized is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 259.

Blasphemous Libel

Offence 296. (1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Question of fact

(2)
It is a question of fact whether or not any matter that is published is a blasphemous libel.
Saving
(3)
No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.

R.S., c. C-34, s. 260.

Defamatory Libel

Definition of “newspaper”

297. In sections 303, 304 and 308, “newspaper” means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

R.S., c. C-34, s. 261.

Definition

298. (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

Mode of expression

(2)
A defamatory libel may be expressed directly or by insinuation or irony
(a)
in words legibly marked on any substance; or
(b)
by any object signifying a defamatory libel otherwise than by words. R.S., c. C-34, s. 262.

Publishing

299. A person publishes a libel when he

(a)
exhibits it in public;
(b)
causes it to be read or seen; or
(c)
shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.

R.S., c. C-34, s. 263.
Punishment of libel known to be false

    1. Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
    2. R.S., c. C-34, s. 264. Punishment for defamatory libel
    1. Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
    2. R.S., c. C-34, s. 265. Extortion by libel
  1. (1) Every one commits an offence who, with intent
(a)
to extort money from any person, or
(b)
to induce a person to confer on or procure for another person an appointment or office of profit or trust,

publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

Idem

(2)
Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.
Punishment
(3)
Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 266.

Proprietor of newspaper presumed responsible

303. (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

General authority to manager when negligence

(2)
Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that
(a)
he intended the general authority to include authority to insert defamatory matter in the newspaper; or
(b)
he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.
Selling newspapers
(3)
No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.

R.S., c. C-34, s. 267.

Selling book containing defamatory libel

304. (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.

Sale by servant

(2)
Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that
(a)
defamatory matter was contained therein; or
(b)
defamatory matter was habitually contained therein, in the case of a periodical.
R.S., c. C-34, s. 268.
Publishing proceedings of courts of justice


305. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

(a)
in a proceeding held before or under the authority of a court exercising judicial authority; or
(b)
in an inquiry made under the authority of an Act or by order of Her Majesty, or under the authority of a public department or a department of the government of a province.

R.S., c. C-34, s. 269. Parliamentary papers

306. No person shall be deemed to publish a defamatory libel by reason only that he

(a)
publishes to the Senate or House of Commons or to the legislature of a province defamatory matter contained in a petition to the Senate or House of Commons or to the legislature of a province, as the case may be;
(b)
publishes by order or under the authority of the Senate or House of Commons or of the legislature of a province a paper containing defamatory matter; or
(c)
publishes, in good faith and without ill-will to the person defamed, an extract from or abstract of a petition or paper mentioned in paragraph (a) or (b).

R.S., c. C-34, s. 270.
Fair reports of parliamentary or judicial proceedings

307. (1) No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, for the information of the public, a fair report of the proceedings of the Senate or House of Commons or the legislature of a province, or a committee thereof, or of the public proceedings before a court exercising judicial authority, or publishes, in good faith, any fair comment on any such proceedings.

Divorce proceedings an exception (2) This section does not apply to a person who publishes a report of evidence taken or offered in any proceeding before the Senate or House of Commons or any committee thereof, on a petition or bill relating to any matter of marriage or divorce, if the report is published without authority from or leave of the House in which the proceeding is held or is contrary to any rule, order or practice of that House.

R.S., c. C-34, s. 271.

Fair report of public meeting

308. No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if

(a)
the meeting is lawfully convened for a lawful purpose and is open to the public;
(b)
the report is fair and accurate;
(c)
the publication of the matter complained of is for the public benefit; and
(d)
he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter.

R.S., c. C-34, s. 272. Public benefit

309. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.

R.S., c. C-34, s. 273.

Fair comment on public person or work of art

310. No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments

(a)
on the public conduct of a person who takes part in public affairs; or
(b)
on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.

R.S., c. C-34, s. 274.

When truth a defence

311. No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.

R.S., c. C-34, s. 275.

Publication invited or necessary

312. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

(a)
on the invitation or challenge of the person in respect of whom it is published, or
(b)
that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,

if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.

R.S., c. C-34, s. 276.

Answer to inquiries

313. No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if

(a)
the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;
(b)
the person who publishes the defamatory matter believes that it is true;
(c)
the defamatory matter is relevant to the inquiries; and
(d)
the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

R.S., c. C-34, s. 277.
Giving information to person interested

314. No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the purpose of giving information to that person with respect to a subject-matter in which the person to whom the information is given has, or is believed on reasonable grounds by the person who gives it to have, an interest in knowing the truth with respect to that subject-matter if

(a)
the conduct of the person who gives the information is reasonable in the circumstances;
(b)
the defamatory matter is relevant to the subject-matter; and
(c)
the defamatory matter is true, or if it is not true, is made without ill-will toward the person who is defamed and is made in the belief, on reasonable grounds, that it is true.

R.S., c. C-34, s. 278.

Publication in good faith for redress of wrong

315. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose of seeking remedy or redress for a private or public wrong or grievance from a person who has, or who on reasonable grounds he believes has, the right or is under an obligation to remedy or redress the wrong or grievance, if

(a)
he believes that the defamatory matter is true;
(b)
the defamatory matter is relevant to the remedy or redress that is sought; and
(c)
the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

R.S., c. C-34, s. 279.

Proving publication by order of legislature

316. (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province.

Directing verdict

(2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused.

Certificate of order

(3) For the purposes of this section, a certificate under the hand of the Speaker or clerk of the Senate or House of Commons or the legislature of a province to the effect that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate, House of Commons or the legislature of a province, as the case may be, is conclusive evidence thereof.

R.S., 1985, c. C-46, s. 316; R.S., 1985, c. 27 (1st Supp.), s. 203.

Verdicts

Verdicts in cases of defamatory libel

317. Where, on the trial of an indictment for publishing a defamatory libel, a plea of not guilty is pleaded, the jury that is sworn to try the issue may give a general verdict of guilty or not guilty on the whole matter put in issue on the indictment, and shall not be required or directed by the judge to find the defendant guilty merely on proof of publication by the defendant of the alleged defamatory libel, and of the sense ascribed thereto in the indictment, but the judge may, in his discretion, give a direction or opinion to the jury on the matter in issue as in other criminal proceedings, and the jury may, on the issue, find a special verdict.

R.S., c. C-34, s. 281.

Hate Propaganda

Advocating genocide

318. (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Definition of “genocide”

(2)
In this section, “genocide” means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a)
killing members of the group; or
(b)
deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
Consent
(3)
No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.
Definition of “identifiable group”
(4)
In this section, “identifiable group” means any section of the public distinguished by
colour, race, religion, ethnic origin or sexual orientation.
R.S., 1985, c. C-46, s. 318; 2004, c. 14, s. 1.


Previous Version Public incitement of hatred

319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace 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. Wilful promotion of hatred
(2)
Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group 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. Defences
(3)
No person shall be convicted of an offence under subsection (2)
(a)
if he establishes that the statements communicated were true;
(b)
if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c)
if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d)
if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Forfeiture
(4)
Where a person is convicted of an offence under section 318 or subsection (1) or (2) of this section, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Her Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.
Exemption from seizure of communication facilities
(5)
Subsections 199(6) and (7) apply with such modifications as the circumstances require to section 318 or subsection (1) or (2) of this section.
Consent
(6)
No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.
Definitions
(7)
In this section,
“communicating”
« communiquer »
“communicating” includes communicating by telephone, broadcasting or other audible or



visible means;
“identifiable group”
« groupe identifiable »
“identifiable group” has the same meaning as in section 318;
“public place”

« endroit public »

“public place” includes any place to which the public have access as of right or by
invitation, express or implied;
“statements”
« déclarations »
“statements” includes words spoken or written or recorded electronically or electro

magnetically or otherwise, and gestures, signs or other visible representations.
R.S., 1985, c. C-46, s. 319; R.S., 1985, c. 27 (1st Supp.), s. 203; 2004, c. 14, s. 2.
Previous Version
Warrant of seizure

320. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is hate propaganda shall issue a warrant under his hand authorizing seizure of the copies.

Summons to occupier

(2)
Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.
Owner and author may appear
(3)
The owner and the author of the matter seized under subsection (1) and alleged to be hate propaganda may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.
Order of forfeiture
(4)
If the court is satisfied that the publication referred to in subsection (1) is hate propaganda, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Disposal of matter
(5)
If the court is not satisfied that the publication referred to in subsection (1) is hate propaganda, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.
Appeal
(6)
An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings
(a)
on any ground of appeal that involves a question of law alone,
(b)
on any ground of appeal that involves a question of fact alone, or
(c)
on any ground of appeal that involves a question of mixed law and fact,

as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with such modifications as the circumstances require.

Consent

(7)
No proceeding under this section shall be instituted without the consent of the Attorney General.
Definitions
(8)
In this section,
“court”
« tribunal »
“court” means



(a)
in the Province of Quebec, the 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 Supreme Court, Trial Division,

(c.1) [Repealed, 1992, c. 51, s. 36]

(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;
“genocide”
« génocide »
“genocide” has the same meaning as in section 318;
“hate propaganda”
« propagande haineuse »
“hate propaganda” means any writing, sign or visible representation that advocates or






promotes genocide or the communication of which by any person would constitute an
offence under section 319;
“judge”
« juge »

“judge” means a judge of a court.
R.S., 1985, c. C-46, s. 320; R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
1990, c. 16, s. 4, c. 17, s. 11; 1992, c. 1, s. 58, c. 51, s. 36; 1998, c. 30, s. 14; 1999, c. 3, s.
29; 2002, c. 7, s. 142.

Previous Version Warrant of seizure

320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds for believing that there is material that is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public 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).
Non-appearance
(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.
Order
(5)
If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.
Destruction of copy
(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.
Return of material
(7)
If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).
(8)
Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.
When order takes effect
(9)
No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

Other provisions to apply 2001, c. 41, s. 10.

PART IX OFFENCES AGAINST RIGHTS OF PROPERTY Interpretation

Definitions

321. In this Part, “break” « effraction » “break” means

(a)
to break any part, internal or external, or
(b)
to open any thing that is used or intended to be used to close or to cover an internal or
external opening;
“credit card”


« carte de crédit »
“credit card” means any card, plate, coupon book or other device issued or otherwise
distributed for the purpose of being used



(a)
on presentation to obtain, on credit, money, goods, services or any other thing of value, or
(b)
in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; “document”

« document » “document” means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trade-marks on articles of commerce or inscriptions on stone or metal or other like material;

“exchequer bill”
« bon du Trésor »
“exchequer bill” means a bank-note, bond, note, debenture or security that is issued or

guaranteed by Her Majesty under the authority of Parliament or the legislature of a
province;
“exchequer bill paper”
« papier de bons du Trésor »
“exchequer bill paper” means paper that is used to manufacture exchequer bills;
“false document”
« faux document »
“false document” means a document

(a)
the whole or a material part of which purports to be made by or on behalf of a person
(i)
who did not make it or authorize it to be made, or
(ii)
who did not in fact exist,
(b)
that is made by or on behalf of the person who purports to make it but is false in some material particular,
(c)
that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made;

“revenue paper”

« papier de revenu »

“revenue paper” means paper that is used to make stamps, licences or permits or for any
purpose connected with the public revenue.
R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.

Theft

Theft

322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a)
to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b)
to pledge it or deposit it as security;
(c)
to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d)
to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
Time when theft completed
(2)
A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
Secrecy
(3)
A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
Purpose of taking
(4)
For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
Wild living creature
(5)
For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

R.S., c. C-34, s. 283.

Oysters

323. (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.

Oyster bed

(2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.

R.S., c. C-34, s. 284.
Theft by bailee of things under seizure

324. Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.

R.S., c. C-34, s. 285.

Agent pledging goods, when not theft

325. A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of

(a)
the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and
(b)
the amount of any bill of exchange that he has accepted for or on account of his principal.

R.S., c. C-34, s. 286.
Theft of telecommunication service

326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,

(a)
abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or
(b)
uses any telecommunication facility or obtains any telecommunication service.
Definition of “telecommunication”
(2)
In this section and section 327, “telecommunication” means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system.

R.S., c. C-34, s. 287; 1974-75-76, c. 93, s. 23.

Possession of device to obtain telecommunication facility or service

327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Forfeiture

(2)
Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.
Limitation
(3)
No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of such a person by means of which an offence under subsection (1) has been committed if such person was not a party to the offence.

1974-75-76, c. 93, s. 24.

Theft by or from person having special property or interest 328. A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen

(a)
by the owner of it from a person who has a special property or interest in it;
(b)
by a person who has a special property or interest in it from the owner of it;
(c)
by a lessee of it from his reversioner;
(d)
by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or
(e)
by the representatives of an organization from the organization.
R.S., 1985, c. C-46, s. 328; 2003, c. 21, s. 4.
Previous Version


  1. [Repealed, 2000, c. 12, s. 94]
    Theft by person required to account

  2. (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly.

Effect of entry in account

(2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefor, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place.

R.S., c. C-34, s. 290.

Theft by person holding power of attorney

331. Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.

R.S., c. C-34, s. 291.

Misappropriation of money held under direction

332. (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.

Effect of entry in account

(2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing.

R.S., c. C-34, s. 292.

Taking ore for scientific purpose

333. No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.

R.S., c. C-34, s. 293.

Punishment for theft

334. Except where otherwise provided by law, every one who commits theft

(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b)
is guilty
(i)
of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii)
of an offence punishable on summary conviction,

where the value of what is stolen does not exceed five thousand dollars.

R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20.

Offences Resembling Theft

Taking motor vehicle or vessel or found therein without consent

335. (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

Exception

(1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

Definition of “vessel”

(2) For the purposes of subsection (1), “vessel” has the meaning assigned by section 214.

R.S., 1985, c. C-46, s. 335; R.S., 1985, c. 1 (4th Supp.), s. 15; 1997, c. 18, s. 15.

Criminal breach of trust

336. Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 296.

Public servant refusing to deliver property

    1. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is
    2. guilty of an indictable offence and liable to imprisonment for a term not exceeding
      fourteen years.
      R.S., c. C-34, s. 297.
      Fraudulently taking cattle or defacing brand



  1. (1) Every one who, without the consent of the owner,
(a)
fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or
(b)
fraudulently, in whole or in part,
(i)
obliterates, alters or defaces a brand or mark on cattle, or
(ii)
makes a false or counterfeit brand or mark on cattle,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Punishment for theft of cattle
(2)
Every one who commits theft of cattle is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Evidence of property in cattle
(3)
In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.
Presumption from possession
(4)
Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

R.S., c. C-34, s. 298; 1974-75-76, c. 93, s. 26.

Taking possession, etc., of drift timber 339. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, without the consent of the owner,

(a)
fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells,
(b)
removes, alters, obliterates or defaces a mark or number on, or
(c)
refuses to deliver up to the owner or to the person in charge thereof on behalf of the owner or to a person authorized by the owner to receive it,

any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada.

Dealer in second-hand goods

(2)
Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction.
Search for timber unlawfully detained
(3)
A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person.
Evidence of property in timber
(4)
Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.
Presumption from possession
(5)
Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused.
(6)
In this section,

Definitions

“coastal waters of Canada”
« eaux côtières du Canada »
“coastal waters of Canada” includes all of Queen Charlotte Sound, all the Strait of

Georgia and the Canadian waters of the Strait of Juan de Fuca;
“lumber”
« bois »
“lumber” means timber, mast, spar, shingle bolt, sawlog or lumber of any description;
“lumbering equipment”
« matériel d’exploitation forestière »
“lumbering equipment” includes a boom chain, chain, line and shackle.
R.S., c. C-34, s. 299.
Destroying documents of title

340. Every one who, for a fraudulent purpose, destroys, cancels, conceals or obliterates

(a)
a document of title to goods or lands,
(b)
a valuable security or testamentary instrument, or
(c)
a judicial or official document,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten
years.
R.S., c. C-34, s. 300.
Fraudulent concealment

341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 301.

Theft, forgery, etc., of credit card

342. (1) Every person who

(a)
steals a credit card,
(b)
forges or falsifies a credit card,
(c)
possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
(i)
by the commission in Canada of an offence, or
(ii)
by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or
(d)
uses a credit card knowing that it has been revoked or cancelled, is guilty of
(e)
an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(f)
an offence punishable on summary conviction. Jurisdiction
(2)
An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.
Unauthorized use of credit card data
(3)
Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b)
an offence punishable on summary conviction.
Definitions

(4)
In this section,
“personal authentication information”
« authentifiant personnel »
“personal authentication information” means a personal identification number or any



other password or information that a credit card holder creates or adopts to be used to
authenticate his or her identity in relation to the credit card;
“traffic”

« trafic »
“traffic” means, in relation to a credit card or credit card data, to sell, export from or
import into Canada, distribute or deal with in any other way.

R.S., 1985, c. C-46, s. 342; R.S., 1985, c. 27 (1st Supp.), ss. 44, 185(F); 1997, c. 18, s.
16; 2009, c. 28, s. 4.
Previous Version
Instruments for copying credit card data or forging or falsifying credit cards

342.01 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction, who, without lawful justification or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use

(a)
in the copying of credit card data for use in the commission of an offence under subsection 342(3); or
(b)
in the forging or falsifying of credit cards. Forfeiture
(2)
Where a person is convicted of an offence under subsection (1), any instrument, device, apparatus, material or thing in relation to which the offence was committed or the possession of which constituted the offence may, in addition to any other punishment that

may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.

Limitation

(3) No order of forfeiture may be made under subsection (2) in respect of any thing that is
the property of a person who was not a party to the offence under subsection (1).
1997, c. 18, s. 17; 2009, c. 28, s. 5.

Previous Version Unauthorized use of computer

342.1 (1) Every one who, fraudulently and without colour of right,

(a)
obtains, directly or indirectly, any computer service,
(b)
by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
(c)
uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d)
uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)

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.

Definitions

(2) In this section,
“computer password”
« mot de passe »
“computer password” means any data by which a computer service or computer system is

capable of being obtained or used;
“computer program”
« programme d’ordinateur »

“computer program” means data representing instructions or statements that, when
executed in a computer system, causes the computer system to perform a function;
“computer service”
« service d’ordinateur »
“computer service” includes data processing and the storage or retrieval of data;
“computer system”

« ordinateur »
“computer system” means a device that, or a group of interconnected or related devices
one or more of which,

(a)
contains computer programs or other data, and
(b)
pursuant to computer programs,
(i)
performs logic and control, and
(ii)
may perform any other function;
“data”
« données »
“data” means representations of information or of concepts that are being prepared or



have been prepared in a form suitable for use in a computer system;
“electro-magnetic, acoustic, mechanical or other device”
« dispositif électromagnétique, acoustique, mécanique ou autre »
“electro-magnetic, acoustic, mechanical or other device” means any device or apparatus

that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;

“function”
« fonction »
“function” includes logic, control, arithmetic, deletion, storage and retrieval and

communication or telecommunication to, from or within a computer system; “intercept”

« intercepter »

“intercept” includes listen to or record a function of a computer system, or acquire the
substance, meaning or purport thereof;
“traffic”
« trafic »
“traffic” means, in respect of a computer password, to sell, export from or import into

Canada, distribute or deal with in any other way.
R.S., 1985, c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18.
Possession of device to obtain computer service

342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the instrument, device or component has been used or is or was intended to be used to commit an offence contrary to that section,

(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. Forfeiture
(2)
Where a person is convicted of an offence under subsection (1), any instrument or device, in relation to which the offence was committed or the possession of which constituted the offence, may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.
Limitation
(3)
No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1).

1997, c. 18, s. 19.

Robbery and Extortion

Robbery

343. Every one commits robbery who

(a)
steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
(b)
steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
(c)
assaults any person with intent to steal from him; or
(d)
steals from any person while armed with an offensive weapon or imitation thereof.
R.S., c. C-34, s. 302.
Robbery


344. (1) Every person who commits robbery is guilty of an indictable offence and liable

(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b)
in any other case, to imprisonment for life. Subsequent offences
(2)
In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section

279.1 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

R.S., 1985, c. C-46, s. 344; 1995, c. 39, s. 149; 2008, c. 6, s. 32; 2009, c. 22, s. 14. Previous Version Stopping mail with intent

    1. Every one who stops a mail conveyance with intent to rob or search it is guilty of an indictable offence and liable to imprisonment for life.
    2. R.S., c. C-34, s. 304. Extortion
  1. (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

Extortion

(1.1) Every person who commits extortion is guilty of an indictable offence and liable

(a)
if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i)
in the case of a first offence, five years, and
(ii)
in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life. Subsequent offences

(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a)
an offence under this section;
(b)
an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c)
an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section

279.1 or 344 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Saving

(2)
A threat to institute civil proceedings is not a threat for the purposes of this section. R.S., 1985, c. C-46, s. 346; R.S., 1985, c. 27 (1st Supp.), s. 46; 1995, c. 39, s. 150; 2008,
c.
6, s. 33; 2009, c. 22, s. 15. Previous Version

Criminal Interest Rate

Criminal interest rate

347. (1) Despite any other Act of Parliament, every one who enters into an agreement or arrangement to receive interest at a criminal rate, or receives a payment or partial payment of interest at a criminal rate, is

(a)
guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)
guilty of an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.
Definitions
(2)
In this section,

“credit advanced”

« capital prêté »

“credit advanced” means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement;

“criminal rate”

« taux criminel »

“criminal rate” means an effective annual rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds sixty per cent on the credit advanced under an agreement or arrangement;

“insurance charge”

« frais d’assurance »

“insurance charge” means the cost of insuring the risk assumed by the person who advances or is to advance credit under an agreement or arrangement, where the face amount of the insurance does not exceed the credit advanced;

“interest”

« intérêt »

“interest” means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, by or on behalf of the person to whom the credit is or is to be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage transaction, any amount required to be paid on account of property taxes;

“official fee”

« taxe officielle »

“official fee” means a fee required by law to be paid to any governmental authority in connection with perfecting any security under an agreement or arrangement for the advancing of credit;

“overdraft charge”

« frais pour découvert de compte »

“overdraft charge” means a charge not exceeding five dollars for the creation of or increase in an overdraft, imposed by a credit union or caisse populaire the membership of which is wholly or substantially comprised of natural persons or a deposit taking institution the deposits in which are insured, in whole or in part, by the Canada Deposit Insurance Corporation or guaranteed, in whole or in part, by the Quebec Deposit Insurance Board;

“required deposit balance”

« dépôt de garantie »

“required deposit balance” means a fixed or an ascertainable amount of the money actually advanced or to be advanced under an agreement or arrangement that is required, as a condition of the agreement or arrangement, to be deposited or invested by or on behalf of the person to whom the advance is or is to be made and that may be available, in the event of his defaulting in any payment, to or for the benefit of the person who advances or is to advance the money.

Presumption

(3)
Where a person receives a payment or partial payment of interest at a criminal rate, he shall, in the absence of evidence to the contrary, be deemed to have knowledge of the nature of the payment and that it was received at a criminal rate.
Proof of effective annual rate
(4)
In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that he has calculated the effective annual rate of interest on any credit advanced under an agreement or arrangement and setting out the calculations and the information on which they are based is, in the absence of evidence to the

contrary, proof of the effective annual rate without proof of the signature or official character of the person appearing to have signed the certificate.

Notice

(5)
A certificate referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has given to the accused or defendant reasonable notice of that intention together with a copy of the certificate.
Cross-examination with leave
(6)
An accused or a defendant against whom a certificate referred to in subsection (4) is produced may, with leave of the court, require the attendance of the actuary for the purposes of cross-examination.
Consent required for proceedings
(7)
No proceedings shall be commenced under this section without the consent of the Attorney General.
Application
(8)
This section does not apply to any transaction to which the Tax Rebate Discounting
Act applies.
R.S., 1985, c. C-46, s. 347; 1992, c. 1, s. 60(F); 2007, c. 9, s. 1.


Previous Version
Definitions

347.1 (1) The following definitions apply in subsection (2).
“interest”
« intérêts »
“interest” has the same meaning as in subsection 347(2).
“payday loan”
« prêt sur salaire »
“payday loan” means an advancement of money in exchange for a post-dated cheque, a

pre-authorized debit or a future payment of a similar nature but not for any guarantee,

suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card.

Non-application

(2)
Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition “financial institution” in section 2 of the Bank Act, in respect of a payday loan agreement entered into by the person to receive interest, or in respect of interest received by that person under the agreement, if
(a)
the amount of money advanced under the agreement is $1,500 or less and the term of the agreement is 62 days or less;
(b)
the person is licensed or otherwise specifically authorized under the laws of a province to enter into the agreement; and
(c)
the province is designated under subsection (3). Designation of province
(3)
The Governor in Council shall, by order and at the request of the lieutenant governor in council of a province, designate the province for the purposes of this section if the province has legislative measures that protect recipients of payday loans and that provide for limits on the total cost of borrowing under the agreements.
Revocation
(4)
The Governor in Council shall, by order, revoke the designation made under subsection (3) if requested to do so by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province.

2007, c. 9, s. 2.

Breaking and Entering

Breaking and entering with intent, committing offence or breaking out

348. (1) Every one who

(a)
breaks and enters a place with intent to commit an indictable offence therein,
(b)
breaks and enters a place and commits an indictable offence therein, or
(c)
breaks out of a place after
(i)
committing an indictable offence therein, or
(ii)
entering the place with intent to commit an indictable offence therein, is guilty
(d)
if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
(e)
if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Presumptions
(2)
For the purposes of proceedings under this section, evidence that an accused
(a)
broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or
(b)
broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after
(i)
committing an indictable offence therein, or
(ii)
entering with intent to commit an indictable offence therein. Definition of “place”
(3)
For the purposes of this section and section 351, “place” means
(a)
a dwelling-house;
(b)
a building or structure or any part thereof, other than a dwelling-house;
(c)
a railway vehicle, a vessel, an aircraft or a trailer; or
(d)
a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

R.S., 1985, c. C-46, s. 348; R.S., 1985, c. 27 (1st Supp.), s. 47; 1997, c. 18, s. 20. Aggravating circumstance — home invasion

348.1 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

(a)
knew that or was reckless as to whether the dwelling-house was occupied; and
(b)
used violence or threats of violence to a person or property.
2002, c. 13, s. 15; 2008, c. 6, s. 34.
Previous Version
Being unlawfully in dwelling-house



349. (1) Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

Presumption

(2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

R.S., 1985, c. C-46, s. 349; 1997, c. 18, s. 21.

Entrance

350. For the purposes of sections 348 and 349,

(a)
a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and
(b)
a person shall be deemed to have broken and entered if
(i)
he obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii)
he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

R.S., c. C-34, s. 308.

Possession of break-in instrument

351. (1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,

(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. Disguise with intent
(2)
Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., 1985, c. C-46, s. 351; R.S., 1985, c. 27 (1st Supp.), s. 48; 2008, c. 18, s. 9. Previous Version Possession of instruments for breaking into coin-operated or currency exchange devices

352. Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for breaking into a coin-operated device or a currency exchange device, under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for breaking into a coin-operated device or a currency exchange device, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 310; 1972, c. 13, s. 26; 1974-75-76, c. 93, s. 28.

Selling, etc., automobile master key

353. (1) Every one who

(a)
sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or
(b)
purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Exception

(1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer’s duties.

Terms and conditions of licence

(2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.

Fees

(2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).

Record to be kept

(3)
Every one who sells an automobile master key
(a)
shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and
(b)
shall produce the record for inspection at the request of a peace officer. Failure to comply with subsection (3)
(4)
Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction.
Definitions
(5)
The definitions in this subsection apply in this section.
“automobile master key”
« passe-partout d’automobile »
“automobile master key” includes a key, pick, rocker key or other instrument designed or



adapted to operate the ignition or other switches or locks of a series of motor vehicles.
“licence”

« licence »

“licence” includes any authorization.

R.S., 1985, c. C-46, s. 353; 1997, c. 18, s. 22.

Having in Possession

Possession of property obtained by crime

354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

(a)
the commission in Canada of an offence punishable by indictment; or
(b)
an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Obliterated vehicle identification number
(2)
In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,
(a)
by the commission in Canada of an offence punishable by indictment; or
(b)
by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Definition of “vehicle identification number”
(3)
For the purposes of subsection (2), “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.
Exception
(4)
A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for

the purposes of an investigation or otherwise in the execution of the peace officer’s
duties.
R.S., 1985, c. C-46, s. 354; 1997, c. 18, s. 23.
Punishment

355. Every one who commits an offence under section 354

(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b)
is guilty
(i)
of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii)
of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand
dollars.
R.S., 1985, c. C-46, s. 355; R.S., 1985, c. 27 (1st Supp.), s. 49; 1994, c. 44, s. 21.
Theft from mail

356. (1) Everyone commits an offence who

(a)
steals
(i)
anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,
(ii)
a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or

(iii) a key suited to a lock adopted for use by the Canada Post Corporation;

(a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;

(b)
has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or
(c)
fraudulently redirects, or causes to be redirected, anything sent by post. Allegation of value not necessary
(2)
In proceedings for an offence under this section it is not necessary to allege in the indictment or to prove on the trial that anything in respect of which the offence was committed had any value.
Punishment
(3)
Everyone who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)
is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 356; 2009, c. 28, s. 6.
Previous Version
Bringing into Canada property obtained by crime



357. Every one who brings into or has in Canada anything that he has obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years.

R.S., 1985, c. C-46, s. 357; R.S., 1985, c. 27 (1st Supp.), s. 50.

Having in possession when complete

358. For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be.

R.S., 1985, c. C-46, s. 358; R.S., 1985, c. 27 (1st Supp.), s. 50.

Evidence 359. (1) Where an accused is charged with an offence under section 342 or 354 or paragraph 356(1)(b), evidence is admissible at any stage of the proceedings to show that property other than the property that is the subject-matter of the proceedings

(a)
was found in the possession of the accused, and
(b)
was stolen within twelve months before the proceedings were commenced,
and that evidence may be considered for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was stolen property. Notice to accused
(2)
Subsection (1) does not apply unless
(a)
at least three days notice in writing is given to the accused that in the proceedings it is intended to prove that property other than the property that is the subject-matter of the proceedings was found in his possession; and
(b)
the notice sets out the nature or description of the property and describes the person from whom it is alleged to have been stolen.

R.S., 1985, c. C-46, s. 359; R.S., 1985, c. 27 (1st Supp.), s. 51. Evidence of previous conviction

360. (1) Where an accused is charged with an offence under section 354 or paragraph 356(1)(b) and evidence is adduced that the subject-matter of the proceedings was found in his possession, evidence that the accused was, within five years before the proceedings were commenced, convicted of an offence involving theft or an offence under section 354 is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was unlawfully obtained.

Notice to accused

(2) Subsection (1) does not apply unless at least three days notice in writing is given to the accused that in the proceedings it is intended to prove the previous conviction.

R.S., c. C-34, s. 318.

False Pretences

False pretence 361. (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

Exaggeration

(2)
Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact.
Question of fact
(3)
For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.

R.S., c. C-34, s. 319.
False pretence or false statement

362. (1) Every one commits an offence who

(a)
by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;
(b)
obtains credit by a false pretence or by fraud;
(c)
knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,
(i)
the delivery of personal property,
(ii)
the payment of money,

(iii) the making of a loan,

(iv)
the grant or extension of credit,
(v)
the discount of an account receivable, or
(vi)
the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or
(d)
knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi).
Punishment
(2)
Every one who commits an offence under paragraph (1)(a)
(a)
is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years, where the property obtained is a testamentary instrument or the value of what is obtained exceeds five thousand dollars; or
(b)
is guilty
(i)
of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii)
of an offence punishable on summary conviction,

where the value of what is obtained does not exceed five thousand dollars.

Idem

(3)
Every one who commits an offence under paragraph (1)(b), (c) or (d) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Presumption from cheque issued without funds
(4)
Where, in proceedings under paragraph (1)(a), it is shown that anything was obtained by the accused by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were on deposit to the credit of the accused in the bank or other institution on which the cheque was drawn, it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured if presented for payment within a reasonable time after it was issued.
Definition of “cheque”
(5)
In this section, “cheque” includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

R.S., 1985, c. C-46, s. 362; R.S., 1985, c. 27 (1st Supp.), s. 52; 1994, c. 44, s. 22; 2003, c.
21, s. 5.
Previous Version
Obtaining execution of valuable security by fraud

363. Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person

(a)
to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or
(b)
to write, impress or affix a name or seal on any paper or parchment in order that it

may afterwards be made or converted into or used or dealt with as a valuable security, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 321.
Fraudulently obtaining food, beverage or accommodation

364. (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

Presumption

(2)
In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and
(a)
made a false or fictitious show or pretence of having baggage,
(b)
had any false or pretended baggage,
(c)
surreptitiously removed or attempted to remove his baggage or any material part of it,
(d)
absconded or surreptitiously left the premises,
(e)
knowingly made a false statement to obtain credit or time for payment, or
(f)
offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

is, in the absence of any evidence to the contrary, proof of fraud.

Definition of “cheque”

(3) In this section, “cheque” includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

R.S., 1985, c. C-46, s. 364; 1994, c. 44, s. 23.

Pretending to practise witchcraft, etc.

365. Every one who fraudulently

(a)
pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
(b)
undertakes, for a consideration, to tell fortunes, or
(c)
pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 323.

Forgery and Offences Resembling Forgery

Forgery

366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

(a)
that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
(b)
that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.
Making false document
(2)
Making a false document includes
(a)
altering a genuine document in any material part;
(b)
making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or
(c)
making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.
When forgery complete
(3)
Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.
Forgery complete though document incomplete
(4)
Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.
Exception
(5)
No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.

R.S., 1985, c. C-46, s. 366; 2009, c. 28, s. 7. Previous Version Punishment for forgery

367. Every one who commits forgery

(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. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24. Use, trafficking or possession of forged document

368. (1) Everyone commits an offence who, knowing or believing that a document is forged,

(a)
uses, deals with or acts on it as if it were genuine;
(b)
causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
(c)
transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or
(d)
possesses it with intent to commit an offence under any of paragraphs (a) to (c). Punishment

(1.1) Everyone who commits an offence under subsection (1)

(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)
is guilty of an offence punishable on summary conviction. Wherever forged
(2)
For the purposes of proceedings under this section, the place where a document was
forged is not material.
R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F); 1997, c. 18, s. 25; 2009, c. 28, s. 8.


Previous Version Forgery instruments

368.1 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery.

2009, c. 28, s. 9.

Public officers acting in the course of their duties or employment

368.2 No public officer, as defined in subsection 25.1(1), is guilty of an offence under any of sections 366 to 368.1 if the acts alleged to constitute the offence were committed by the public officer for the sole purpose of establishing or maintaining a covert identity for use in the course of the public officer’s duties or employment.

2009, c. 28, s. 9.

Exchequer bill paper, public seals, etc.

369. Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse,

(a)
makes, uses or possesses
(i)
any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or
(ii)
any paper that is intended to resemble paper mentioned in subparagraph (i); or
(b)
makes, reproduces or uses a public seal of Canada or of a province, or the seal of a
public body or authority in Canada or of a court of law.
R.S., 1985, c. C-46, s. 369; 2009, c. 28, s. 9.


Previous Version
Counterfeit proclamation, etc.

370. Every one who knowingly

(a)
prints any proclamation, order, regulation or appointment, or notice thereof, and causes it falsely to purport to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, or
(b)
tenders in evidence a copy of any proclamation, order, regulation or appointment that falsely purports to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 328.

Telegram, etc., in false name

371. Every one who, with intent to defraud, causes or procures a telegram, cablegram or radio message to be sent or delivered as being sent by the authority of another person, knowing that it is not sent by his authority and with intent that the message should be acted on as being sent by his authority, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 329.

False messages 372. (1) Every one who, with intent to injure or alarm any person, conveys or causes or procures to be conveyed by letter, telegram, telephone, cable, radio or otherwise information that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Indecent telephone calls

(2)
Every one who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction.
Harassing telephone calls
(3)
Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 330.

  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 53] Drawing document without authority, etc.
  2. Every one who
(a)
with intent to defraud and without lawful authority makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person by procuration or otherwise, or
(b)
makes use of or utters a document knowing that it has been made, executed, signed, accepted or endorsed with intent to defraud and without lawful authority, in the name or on the account of another person, by procuration or otherwise,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 332.

Obtaining, etc., by instrument based on forged document

375. Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 333.

Counterfeiting stamp, etc.

376. (1) Every one who

(a)
fraudulently uses, mutilates, affixes, removes or counterfeits a stamp or part thereof,
(b)
knowingly and without lawful excuse, the proof of which lies on him, has in his possession
(i)
a counterfeit stamp or a stamp that has been fraudulently mutilated, or
(ii)
anything bearing a stamp of which a part has been fraudulently erased, removed or concealed, or
(c)
without lawful excuse, the proof of which lies on him, makes or knowingly has in his possession a die or instrument that is capable of making the impression of a stamp or part thereof,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Counterfeiting mark

(2)
Every one who, without lawful authority,
(a)
makes a mark,
(b)
sells, or exposes for sale, or has in his possession a counterfeit mark,
(c)
affixes a mark to anything that is required by law to be marked, branded, sealed or wrapped other than the thing to which the mark was originally affixed or was intended to be affixed, or
(d)
affixes a counterfeit mark to anything that is required by law to be marked, branded, sealed or wrapped,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Definitions

(3)
In this section,
“mark”
« marque »


“mark” means a mark, brand, seal, wrapper or design used by or on behalf of
(a)
the government of Canada or a province,
(b)
the government of a state other than Canada, or
(c)
any department, board, commission or agent established by a government mentioned in paragraph (a) or (b) in connection with the service or business of that government; “stamp”

« timbre »
“stamp” means an impressed or adhesive stamp used for the purpose of revenue by the
government of Canada or a province or by the government of a state other than Canada.

R.S., c. C-34, s. 334. Damaging documents

377. (1) Every one who unlawfully

(a)
destroys, defaces or injures a register, or any part of a register, of births, baptisms, marriages, deaths or burials that is required or authorized by law to be kept in Canada, or a copy or any part of a copy of such a register that is required by law to be transmitted to a registrar or other officer,
(b)
inserts or causes to be inserted in a register or copy referred to in paragraph (a) an entry, that he knows is false, of any matter relating to a birth, baptism, marriage, death or burial, or erases any material part from that register or copy,
(c)
destroys, damages or obliterates an election document or causes an election document to be destroyed, damaged or obliterated, or
(d)
makes or causes to be made an erasure, alteration or interlineation in or on an election document,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Definition of “election document”

(2) In this section, “election document” means any document or writing issued under the authority of an Act of Parliament or the legislature of a province with respect to an election held pursuant to the authority of that Act.

R.S., c. C-34, s. 335.

Offences in relation to registers

378. Every one who

(a)
being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, knowingly makes or issues a false certified copy, extract or certificate,
(b)
not being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, fraudulently makes or issues a copy, extract or certificate that purports to be certified as authorized or required by law, or
(c)
being authorized or required by law to make a certificate or declaration concerning any particular required for the purpose of making entries in a register, record or document, knowingly and falsely makes the certificate or declaration,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 336.

PART X

FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE

Interpretation

Definitions

379. In this Part,
“goods”
« marchandises »
“goods” means anything that is the subject of trade or commerce;

“trading stamps”

« bons-primes »

“trading stamps” includes any form of cash receipt, receipt, coupon, premium ticket or other device, designed or intended to be given to the purchaser of goods by the vendor thereof or on his behalf, and to represent a discount on the price of the goods or a premium to the purchaser thereof

(a)
that may be redeemed
(i)
by any person other than the vendor, the person from whom the vendor purchased the goods or the manufacturer of the goods,
(ii)
by the vendor, the person from whom the vendor purchased the goods or the manufacturer of the goods in cash or in goods that are not his property in whole or in part, or

(iii) by the vendor elsewhere than in the premises where the goods are purchased, or

(b)
that does not show on its face the place where it is delivered and the merchantable value thereof, or
(c)
that may not be redeemed on demand at any time,

but an offer, endorsed by the manufacturer on a wrapper or container in which goods are sold, of a premium or reward for the return of that wrapper or container to the manufacturer is not a trading stamp.

R.S., c. C-34, s. 337.

Fraud

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a)
is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b)
is guilty
(i)
of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii)
of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars. Affecting public market
(2)
Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 380; R.S., 1985, c. 27 (1st Supp.), s. 54; 1994, c. 44, s. 25; 1997, c. 18, s. 26; 2004, c. 3, s. 2.

Previous Version

Sentencing — aggravating circumstances

380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in sections 380, 382, 382.1 and 400, it shall consider the following as aggravating circumstances:

(a)
the value of the fraud committed exceeded one million dollars;
(b)
the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market;
(c)
the offence involved a large number of victims; and
(d)
in committing the offence, the offender took advantage of the high regard in which the offender was held in the community.
Non-mitigating factors
(2)
The court shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.

2004, c. 3, s. 3.

Using mails to defraud

381. Every one who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 339.

Fraudulent manipulation of stock exchange transactions

382. Every one who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,

(a)
effects a transaction in the security that involves no change in the beneficial ownership thereof,
(b)
enters an order for the purchase of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the sale of the security has been or will be entered by or for the same or different persons, or
(c)
enters an order for the sale of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the purchase of the security has been or will be entered by or for the same or different persons,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., 1985, c. C-46, s. 382; 2004, c. 3, s. 4.

Previous Version

Prohibited insider trading

382.1 (1) A person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years who, directly or indirectly, buys or sells a security, knowingly using inside information that they

(a)
possess by virtue of being a shareholder of the issuer of that security;
(b)
possess by virtue of, or obtained in the course of, their business or professional relationship with that issuer;
(c)
possess by virtue of, or obtained in the course of, a proposed takeover or reorganization of, or amalgamation, merger or similar business combination with, that issuer;
(d)
possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or
(e)
obtained from a person who possesses or obtained the information in a manner referred to in paragraphs (a) to (d).
Tipping
(2)
Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, 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. Saving
(3)
For greater certainty, an act is not an offence under this section if it is authorized or required, or is not prohibited, by any federal or provincial Act or regulation applicable to it.
Definition of “inside information”
(4)
In this section, “inside information” means information relating to or affecting the issuer of a security or a security that they have issued, or are about to issue, that
(a)
has not been generally disclosed; and
(b)
could reasonably be expected to significantly affect the market price or value of a security of the issuer.

2004, c. 3, s. 5.
Gaming in stocks or merchandise

383. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

(a)
makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the bona fide intention of acquiring the shares, goods, wares or merchandise or of selling them, as the case may be, or
(b)
makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of shares of stock or goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention of making or receiving delivery thereof, as the case may be,

but this section does not apply where a broker, on behalf of a purchaser, receives delivery, notwithstanding that the broker retains or pledges what is delivered as security for the advance of the purchase money or any part thereof.

Onus

(2) Where, in proceedings under this section, it is established that the accused made or signed a contract or an agreement for the sale or purchase of shares of stock or goods, wares or merchandise, or acted, aided or abetted in the making or signing thereof, the burden of proof of a bona fide intention to acquire or to sell the shares, goods, wares or merchandise or to deliver or to receive delivery thereof, as the case may be, lies on the accused.

R.S., c. C-34, s. 341.

Broker reducing stock by selling for his own account

384. Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, being an individual, or a member or an employee of a partnership, or a director, an officer or an employee of a corporation, where he or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or out of Canada, thereafter sells or causes to be sold shares of the company or undertaking for any account in which

(a)
he or his firm or a partner thereof, or
(b)
the corporation or a director thereof,

has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under his control in the

ordinary course of business below the amount of those shares that the broker should be
carrying for all customers.
R.S., c. C-34, s. 342.
Fraudulent concealment of title documents

385. (1) Every one who, being a vendor or mortgagor of property or of a chose in action or being a solicitor for or agent of a vendor or mortgagor of property or a chose in action, is served with a written demand for an abstract of title by or on behalf of the purchaser or mortgagee before the completion of the purchase or mortgage, and who

(a)
with intent to defraud and for the purpose of inducing the purchaser or mortgagee to accept the title offered or produced to him, conceals from him any settlement, deed, will or other instrument material to the title, or any encumbrance on the title, or
(b)
falsifies any pedigree on which the title depends,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Consent required
(2)
No proceedings shall be instituted under this section without the consent of the Attorney General.

R.S., c. C-34, s. 343. Fraudulent registration of title

386. Every one who, as principal or agent, in a proceeding to register title to real property, or in a transaction relating to real property that is or is proposed to be registered, knowingly and with intent to deceive,

(a)
makes a material false statement or representation,
(b)
suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or
(c)
is privy to anything mentioned in paragraph (a) or (b),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five
years.
R.S., c. C-34, s. 344.

Fraudulent sale of real property

387. Every one who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, privilege or encumbrance of or on real property, fraudulently sells the property or any part thereof is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 345.

Misleading receipt

388. Every one who wilfully

(a)
with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or
(b)
accepts, transmits or uses a purported receipt or acknowledgment to which paragraph
(a)
applies,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 346.

Fraudulent disposal of goods on which money advanced

389. (1) Every one who

(a)
having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or
(b)
knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee,
(2)
No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Saving R.S., c. C-34, s. 347.

Fraudulent receipts under Bank Act

390. Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who

(a)
wilfully makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or
(b)
wilfully,
(i)
after giving to another person,
(ii)
after a person employed by him has, to his knowledge, given to another person, or

(iii) after obtaining and endorsing or assigning to another person,

any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

R.S., c. C-34, s. 348.

  1. [Repealed, 2003, c. 21, s. 6] Previous Version Disposal of property to defraud creditors
  2. Every one who,
(a)
with intent to defraud his creditors,
(i)
makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or
(ii)
removes, conceals or disposes of any of his property, or
(b)
with intent that any one should defraud his creditors, receives any property by means

of or in relation to which an offence has been committed under paragraph (a),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two
years.

R.S., c. C-34, s. 350.
Fraud in relation to fares, etc.

393. (1) Every one whose duty it is to collect a fare, toll, ticket or admission who wilfully

(a)
fails to collect it,
(b)
collects less than the proper amount payable in respect thereof, or
(c)
accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Idem

(2)
Every one who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration
(a)
for failing to collect it, or
(b)
for collecting an amount less than the amount payable in respect thereof,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Fraudulently obtaining transportation
(3)
Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 351.
Fraud in relation to valuable minerals

394. (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

(a)
by a fraudulent device or contrivance, defraud or attempt to defraud any person of
(i)
any valuable minerals obtained under or reserved by the lease or licence, or
(ii)
any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or
(b)
fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.
Sale of valuable minerals
(2)
No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.
Purchase of valuable minerals
(3)
No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.
Presumption
(4)
In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that
(a)
in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and
(b)
in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.
Offence
(5)
A person who contravenes subsection (1), (2) or (3) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Forfeiture
(6)
If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.
Exception
(7)
Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

R.S., 1985, c. C-46, s. 394; R.S., 1985, c. 27 (1st Supp.), s. 186; 1999, c. 5, s. 10.

Possession of stolen or fraudulently obtained valuable minerals

394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.

Evidence

(2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section

394.

Offence

(3)
A person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Forfeiture
(4)
If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.
Exception
(5)
Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).

1999, c. 5, s. 10.

Search for valuable minerals

395. (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

Power to seize

(2)
Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order
(a)
that it be detained for the purposes of an inquiry or a trial; or
(b)
if it is not detained for the purposes of an inquiry or a trial,
(i)
that it be restored to the owner, or
(ii)
that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.
Appeal
(3)
An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.

R.S., 1985, c. C-46, s. 395; 1999, c. 5, s. 11.

Offences in relation to mines

396. (1) Every one who

(a)
adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or
(b)
adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Presumption

(2)
For the purposes of proceedings under subsection (1), evidence that
(a)
something has been added to or removed from anything to which subsection (1) applies, or
(b)
anything to which subsection (1) applies has been tampered with,

is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the
result of an assay, a test or a valuation.
R.S., c. C-34, s. 354.

Falsification of Books and Documents

Books and documents

397. (1) Every one who, with intent to defraud,

(a)
destroys, mutilates, alters, falsifies or makes a false entry in, or
(b)
omits a material particular from, or alters a material particular in,
a book, paper, writing, valuable security or document is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Privy
(2)
Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 355.

Falsifying employment record

398. Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 398; 1992, c. 1, s. 60(F).

False return by public officer

399. Every one who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of

(a)
any sum of money collected by him or entrusted to his care, or
(b)
any balance of money in his hands or under his control,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five
years.
R.S., c. C-34, s. 357.
False prospectus, etc.

400. (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent

(a)
to induce persons, whether ascertained or not, to become shareholders or partners in a company,
(b)
to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or
(c)
to induce any person to
(i)
entrust or advance anything to a company, or
(ii)
enter into any security for the benefit of a company,
(d)
[Repealed, 1994, c. 44, s. 26]
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten
years.
Definition of “company”



(2)
In this section, “company” means a syndicate, body corporate or company, whether existing or proposed to be created.

R.S., 1985, c. C-46, s. 400; 1994, c. 44, s. 26. Obtaining carriage by false billing

401. (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

Forfeiture (2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

R.S., c. C-34, s. 359.

Trader failing to keep accounts

402. (1) Every one who, being a trader or in business,

(a)
is indebted in an amount exceeding one thousand dollars,
(b)
is unable to pay his creditors in full, and
(c)
has not kept books of account that, in the ordinary course of the trade or business in which he is engaged, are necessary to exhibit or explain his transactions,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Saving

(2)
No person shall be convicted of an offence under this section
(a)
where, to the satisfaction of the court or judge, he
(i)
accounts for his losses, and
(ii)
shows that his failure to keep books was not intended to defraud his creditors; or
(b)
where his failure to keep books occurred at a time more than five years prior to the day on which he was unable to pay his creditors in full.

R.S., c. C-34, s. 360.

Identity Theft and Identity Fraud

Definition of “identity information”

402.1 For the purposes of sections 402.2 and 403, “identity information” means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account

number, passport number, Social Insurance Number, health insurance number, driver’s
licence number or password.
2009, c. 28, s. 10.
Identity theft

402.2 (1) Everyone commits an offence who knowingly obtains or possesses another person’s identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

Trafficking in identity information

(2)
Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
Clarification
(3)
For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:
(a)
section 57 (forgery of or uttering forged passport);
(b)
section 58 (fraudulent use of certificate of citizenship);
(c)
section 130 (personating peace officer);
(d)
section 131 (perjury);
(e)
section 342 (theft, forgery, etc., of credit card);
(f)
section 362 (false pretence or false statement);
(g)
section 366 (forgery);
(h)
section 368 (use, trafficking or possession of forged document);
(i)
section 380 (fraud); and
(j)
section 403 (identity fraud). Jurisdiction
(4)
An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.
Punishment
(5)
Everyone who commits an offence under subsection (1) or (2)
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
is guilty of an offence punishable on summary conviction.
2009, c. 28, s. 10.
Identity fraud


403. (1) Everyone commits an offence who fraudulently personates another person, living or dead,

(a)
with intent to gain advantage for themselves or another person;
(b)
with intent to obtain any property or an interest in any property;
(c)
with intent to cause disadvantage to the person being personated or another person; or
(d)
with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.
Clarification
(2)
For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.
Punishment
(3)
Everyone who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)
is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 403; 1994, c. 44, s. 27; 2009, c. 28, s. 10. Previous Version Personation at examination

404. Every one who falsely, with intent to gain advantage for himself or some other person, personates a candidate at a competitive or qualifying examination held under the authority of law or in connection with a university, college or school or who knowingly avails himself of the results of such personation is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 362.

Acknowledging instrument in false name

405. Every one who, without lawful authority or excuse, the proof of which lies on him, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 363.

Forgery of Trade-marks and Trade Descriptions

Forging trade-mark

406. For the purposes of this Part, every one forges a trade-mark who

(a)
without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or
(b)
falsifies, in any manner, a genuine trade-mark.
R.S., c. C-34, s. 364.
Offence


407. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trade-mark.

R.S., c. C-34, s. 365.

Passing off

408. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not,

(a)
passes off other wares or services as and for those ordered or required; or
(b)
makes use, in association with wares or services, of any description that is false in a material respect regarding
(i)
the kind, quality, quantity or composition,
(ii)
the geographical origin, or

(iii) the mode of the manufacture, production or performance
of those wares or services.
R.S., 1985, c. C-46, s. 408; 1992, c. 1, s. 60(F).
Instruments for forging trade-mark

409. (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trade-mark.

Saving

(2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

R.S., c. C-34, s. 367.
Other offences in relation to trade-marks

410. Every one commits an offence who, with intent to deceive or defraud,

(a)
defaces, conceals or removes a trade-mark or the name of another person from anything without the consent of that other person; or
(b)
being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trade-mark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or

traffic.
R.S., c. C-34, s. 368.

Used goods sold without disclosure

411. Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trade-mark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

R.S., c. C-34, s. 369.

Punishment

412. (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 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. Forfeiture
(2)
Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

R.S., c. C-34, s. 370.

Falsely claiming royal warrant

413. Every one who falsely represents that goods are made by a person holding a royal warrant, or for the service of Her Majesty, a member of the Royal Family or a public department is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 371.

Presumption from port of shipment

414. Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.

R.S., c. C-34, s. 372.

Wreck

Offences in relation to wreck

415. Every one who

(a)
secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,
(b)
receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,
(c)
offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,
(d)
keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or
(e)
boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,
is guilty of
(f)
an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(g)
an offence punishable on summary conviction. R.S., c. C-34, s. 373.

Public Stores

Distinguishing mark on public stores

416. The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

R.S., c. C-34, s. 374.

Applying or removing marks without authority

417. (1) Every one who,

(a)
without lawful authority, the proof of which lies on him, applies a distinguishing mark to anything, or
(b)
with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Unlawful transactions in public stores

(2)
Every one who, without lawful authority, the proof of which lies on him, receives, possesses, keeps, sells or delivers public stores that he knows bear a distinguishing mark 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. Definition of “distinguishing mark”
(3)
For the purposes of this section, “distinguishing mark” means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

R.S., c. C-34, s. 375.
Selling defective stores to Her Majesty

418. (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Offences by representatives

(2)
Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),
(a)
knowingly takes part in the fraud, or
(b)
knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 418; 2003, c. 21, s. 6.1.

Previous Version

Unlawful use of military uniforms or certificates

419. Every one who without lawful authority, the proof of which lies on him,

(a)
wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,
(b)
wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,
(c)
has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or
(d)
has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized,

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 377.

Military stores

420. (1) Every one who buys, receives or detains from a member of the Canadian Forces or a deserter or an absentee without leave therefrom any military stores that are owned by Her Majesty or for which the member, deserter or absentee without leave is accountable to Her Majesty is guilty of

(a)
an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b)
an offence punishable on summary conviction.
Exception
(2)
No person shall be convicted of an offence under this section where he establishes that he did not know and had no reason to suspect that the military stores in respect of which the offence was committed were owned by Her Majesty or were military stores for which the member, deserter or absentee without leave was accountable to Her Majesty.

R.S., c. C-34, s. 378.

Evidence of enlistment

421. (1) In proceedings under sections 417 to 420, evidence that a person was at any time performing duties in the Canadian Forces is, in the absence of any evidence to the contrary, proof that his enrolment in the Canadian Forces prior to that time was regular.

Presumption when accused a dealer in stores

(2) An accused who is charged with an offence under subsection 417(2) shall be presumed to have known that the stores in respect of which the offence is alleged to have been committed bore a distinguishing mark within the meaning of that subsection at the time the offence is alleged to have been committed if he was, at that time, in the service or employment of Her Majesty or was a dealer in marine stores or in old metals.

R.S., c. C-34, s. 379.

Breach of Contract, Intimidation and Discrimination Against Trade Unionists

Criminal breach of contract

422. (1) Every one who wilfully breaks a contract, knowing or having reasonable cause to believe that the probable consequences of doing so, whether alone or in combination with others, will be

(a)
to endanger human life,
(b)
to cause serious bodily injury,
(c)
to expose valuable property, real or personal, to destruction or serious injury,
(d)
to deprive the inhabitants of a city or place, or part thereof, wholly or to a great extent, of their supply of light, power, gas or water, or
(e)
to delay or prevent the running of any locomotive engine, tender, freight or passenger train or car, on a railway that is a common carrier,
is guilty of
(f)
an indictable offence and is liable to imprisonment for a term not exceeding five years, or
(g)
an offence punishable on summary conviction.
Saving
(2)
No person wilfully breaks a contract within the meaning of subsection (1) by reason only that
(a)
being the employee of an employer, he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment, or,
(b)
being a member of an organization of employees formed for the purpose of regulating relations between employers and employees, he stops work as a result of the failure of the employer and a bargaining agent acting on behalf of the organization to agree on any matter relating to the employment of members of the organization,

if, before the stoppage of work occurs, all steps provided by law with respect to the settlement of industrial disputes are taken and any provision for the final settlement of differences, without stoppage of work, contained in or by law deemed to be contained in a collective agreement is complied with and effect given thereto.

Consent required

(3) No proceedings shall be instituted under this section without the consent of the Attorney General.

R.S., c. C-34, s. 380.

Intimidation

423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(a)
uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b)
intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment
inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c)
persistently follows that person;
(d)
hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e)
with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f)
besets or watches the place where that person resides, works, carries on business or happens to be; or
(g)
blocks or obstructs a highway. Exception
(2)
A person who attends at or near or approaches a dwelling-house or place, for the purpose only of obtaining or communicating information, does not watch or beset within the meaning of this section.

R.S., 1985, c. C-46, s. 423; 2000, c. 12, s. 95; 2001, c. 32, s. 10.

Intimidation of a justice system participant or a journalist

423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in

(a)
a group of persons or the general public in order to impede the administration of criminal justice;
(b)
a justice system participant in order to impede him or her in the performance of his or her duties; or
(c)
a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
Prohibited conduct
(2)
The conduct referred to in subsection (1) consists of
(a)
using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
(b)
threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
(c)
persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
(d)
repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
(e)
besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
Punishment
(3)
Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.

2001, c. 32, s. 11.

Threat against internationally protected person

424. Every one who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

R.S., 1985, c. C-46, s. 424; R.S., 1985, c. 27 (1st Supp.), s. 55; 2001, c. 41, s. 11.

Threat against United Nations or associated personnel

424.1 Every one who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

2001, c. 41, s. 11.

Offences by employers

425. Every one who, being an employer or the agent of an employer, wrongfully and without lawful authority

(a)
refuses to employ or dismisses from his employment any person for the reason only that the person is a member of a lawful trade union or of a lawful association or combination of workmen or employees formed for the purpose of advancing, in a lawful
manner, their interests and organized for their protection in the regulation of wages and conditions of work,
(b)
seeks by intimidation, threat of loss of position or employment, or by causing actual loss of position or employment, or by threatening or imposing any pecuniary penalty, to compel workmen or employees to abstain from belonging to any trade union, association or combination to which they have a lawful right to belong, or
(c)
conspires, combines, agrees or arranges with any other employer or his agent to do anything mentioned in paragraph (a) or (b),

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 382.

Threats and retaliation against employees

425.1 (1) No employer or person acting on behalf of an employer or in a position of authority in respect of an employee of the employer shall take a disciplinary measure against, demote, terminate or otherwise adversely affect the employment of such an employee, or threaten to do so,

(a)
with the intent to compel the employee to abstain from providing information to a person whose duties include the enforcement of federal or provincial law, respecting an offence that the employee believes has been or is being committed contrary to this or any other federal or provincial Act or regulation by the employer or an officer or employee of the employer or, if the employer is a corporation, by one or more of its directors; or
(b)
with the intent to retaliate against the employee because the employee has provided information referred to in paragraph (a) to a person whose duties include the enforcement of federal or provincial law.
Punishment
(2)
Any one who contravenes 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.

2004, c. 3, s. 6.

Secret Commissions

Secret commissions

426. (1) Every one commits an offence who

(a)
directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent’s principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent’s principal; or
(b)
with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing
(i)
in which the principal has an interest,
(ii)
that contains any statement that is false or erroneous or defective in any material particular, and

(iii) that is intended to mislead the principal. Privity to offence

(2)
Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).
Punishment
(3)
A person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Definition of “agent” and “principal”
(4)
In this section, “agent” includes an employee, and “principal” includes an employer. R.S., 1985, c. C-46, s. 426; R.S., 1985, c. 27 (1st Supp.), s. 56; 2007, c. 13, s. 7. Previous Version

Trading Stamps

Issuing trading stamps

427. (1) Every one who, by himself or his employee or agent, directly or indirectly issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business is guilty of an offence punishable on summary conviction.

Giving to purchaser of goods

(2) Every one who, being a merchant or dealer in goods, by himself or his employee or agent, directly or indirectly gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a person who purchases goods from him is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 384.

PART XI WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY Interpretation

Definition of “property”

  1. In this Part, “property” means real or personal corporeal property.
    R.S., c. C-34, s. 385.
    Wilfully causing event to occur


  2. (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

Colour of right

(2)
No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.
Interest
(3)
Where it is an offence to destroy or to damage anything,
(a)
the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and
(b)
the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

R.S., c. C-34, s. 386.

Mischief

Mischief

430. (1) Every one commits mischief who wilfully

(a)
destroys or damages property;
(b)
renders property dangerous, useless, inoperative or ineffective;
(c)
obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d)
obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Mischief in relation to data

(1.1) Every one commits mischief who wilfully

(a)
destroys or alters data;
(b)
renders data meaningless, useless or ineffective;
(c)
obstructs, interrupts or interferes with the lawful use of data; or
(d)
obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.
Punishment
(2)
Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
Punishment
(3)
Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(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. Idem
(4)
Every one who commits mischief in relation to property, other than property described in subsection (3),
(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. Mischief relating to religious property

(4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,

(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 and liable to imprisonment for a term not exceeding eighteen months.

Mischief in relation to cultural property

(4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,

(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. Idem
(5)
Every one who commits mischief in relation to data
(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. Offence

(5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,

(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. Saving
(6)
No person commits mischief 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.
Idem
(7)
No person commits mischief 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.
Definition of “data”
(8)
In this section, “data” has the same meaning as in section 342.1.

R.S., 1985, c. C-46, s. 430; R.S., 1985, c. 27 (1st Supp.), s. 57; 1994, c. 44, s. 28; 2001, c.
41, s. 12; 2005, c. 40, s. 3.
Previous Version
Attack on premises, residence or transport of internationally protected person

431. Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

R.S., 1985, c. C-46, s. 431; R.S., 1985, c. 27 (1st Supp.), s. 58; 2001, c. 41, s. 13.

Attack on premises, accommodation or transport of United Nations or associated personnel

431.1 Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

2001, c. 41, s. 13.

Definitions

431.2 (1) The following definitions apply in this section.
“explosive or other lethal device”
« engin explosif ou autre engin meurtrier »
“explosive or other lethal device” means

(a)
an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or
(b)
a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.

“infrastructure facility”

« infrastructure »

“infrastructure facility” means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.

“military forces of a state” « forces armées d’un État »

“military forces of a state” means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.

“place of public use”

« lieu public »

“place of public use” means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.

“public transportation system”

« système de transport public »

“public transportation system” means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.

Explosive or other lethal device

(2)
Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.
Armed forces
(3)
For greater certainty, subsection (2) does not apply to 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 to 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.

2001, c. 41, s. 13.

Unauthorized recording of a movie 432. (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack

(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)
is guilty of an offence punishable on summary conviction.
Unauthorized recording for purpose of sale, etc.
(2)
A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack for the purpose of the sale, rental or other commercial distribution of a copy of the cinematographic work
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
is guilty of an offence punishable on summary conviction.
Forfeiture
(3)
In addition to any punishment that is imposed on a person who is convicted of an offence under this section, the court may order that anything that is used in the commission of the offence be forfeited to Her Majesty in right of the province in which the proceedings are taken. Anything that is forfeited may be disposed of as the Attorney General directs.
Forfeiture — limitation
(4)
No order may be made under subsection (3) in respect of anything that is the property of a person who is not a party to the offence.

R.S., 1985, c. C-46, s. 432; R.S., 1985, c. 27 (1st Supp.), s. 58; 2007, c. 28, s. 1.

Previous Version

Arson and Other Fires

Arson — disregard for human life

433. Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

(a)
the person knows that or is reckless with respect to whether the property is inhabited or occupied; or
(b)
the fire or explosion causes bodily harm to another person.
R.S., 1985, c. C-46, s. 433; 1990, c. 15, s. 1.
Arson — damage to property


434. Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 434; 1990, c. 15, s. 1.

Arson — own property

434.1 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

1990, c. 15, s. 1.

Arson for fraudulent purpose

435. (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Holder or beneficiary of fire insurance policy

(2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.

R.S., 1985, c. C-46, s. 435; 1990, c. 15, s. 1.

Arson by negligence

436. (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.

Non-compliance with prevention laws

(2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

R.S., 1985, c. C-46, s. 436; 1990, c. 15, s. 1.

Possession of incendiary material

436.1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

1990, c. 15, s. 1.

Other Interference with Property

False alarm of fire

437. Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

(a)
an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction. R.S., c. C-34, s. 393; 1972, c. 13, s. 31. Interfering with saving of wrecked vessel

438. (1) Every one who wilfully prevents or impedes, or who wilfully endeavours to prevent or impede,

(a)
the saving of a vessel that is wrecked, stranded, abandoned or in distress, or
(b)
a person who attempts to save a vessel that is wrecked, stranded, abandoned or in distress,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Interfering with saving of wreck

(2) Every one who wilfully prevents or impedes or wilfully endeavours to prevent or impede the saving of wreck is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 394.
Interfering with marine signal, etc.

439. (1) Every one who makes fast a vessel or boat to a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an offence punishable on summary conviction.

Idem

(2) Every one who wilfully alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., c. C-34, s. 395.

Removing natural bar without permission

440. Every one who wilfully and without the written permission of the Minister of Transport, the burden of proof of which lies on the accused, removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 396.

Occupant injuring building

441. Every one who, wilfully and to the prejudice of a mortgagee or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which he is in possession or occupation, or severs from the freehold any fixture fixed therein or thereto, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 397.

Interfering with boundary lines 442. Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 398.

Interfering with international boundary marks, etc.

443. (1) Every one who wilfully pulls down, defaces, alters or removes

(a)
a boundary mark lawfully placed to mark any international, provincial, county or municipal boundary, or
(b)
a boundary mark lawfully placed by a land surveyor to mark any limit, boundary or angle of a concession, range, lot or parcel of land,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Saving provision

(2)
A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,
(a)
he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took it up; or
(b)
he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when completed, will make it impossible or impracticable for that boundary mark to occupy its original position, and he establishes a permanent record of the original position sufficient to permit that position to be ascertained.

R.S., c. C-34, s. 399.

Cattle and Other Animals

Injuring or endangering cattle

444. (1) Every one commits an offence who wilfully

(a)
kills, maims, wounds, poisons or injures cattle; or
(b)
places poison in such a position that it may easily be consumed by cattle. Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

R.S., 1985, c. C-46, s. 444; 2008, c. 12, s. 1. Previous Version Injuring or endangering other animals

445. (1) Every one commits an offence who, wilfully and without lawful excuse,

(a)
kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or
(b)
places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.
Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

R.S., 1985, c. C-46, s. 445; 2008, c. 12, s. 1.

Previous Version

Cruelty to Animals

Causing unnecessary suffering

445.1 (1) Every one commits an offence who

(a)
wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b)
in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
(c)
wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
(d)
promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
(e)
being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Failure to exercise reasonable care as evidence
(3)
For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.
Presence at baiting as evidence
(4)
For the purpose of proceedings under paragraph (1)(b), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.

2008, c. 12, s. 1.

Causing damage or injury

446. (1) Every one commits an offence who

(a)
by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or
(b)
being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.
Punishment
(2)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)
an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.
Failure to exercise reasonable care as evidence
(3)
For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the damage or injury was caused by wilful neglect.

R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1.

Previous Version

Keeping cockpit

447. (1) Every one commits an offence who builds, makes, maintains or keeps a cockpit on premises that he or she owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises.

Punishment

(2)
Every one who commits an offence under subsection (1) is guilty of
(a)
an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)
an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Confiscation
(3)
A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.

R.S., 1985, c. C-46, s. 447; 2008, c. 12, s. 1.

Previous Version

Order of prohibition or restitution

447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 446(2) or 447(2),

(a)
make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and
(b)
on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.
Breach of order
(2)
Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.
Application
(3)
Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).

2008, c. 12, s. 1.

PART XII

OFFENCES RELATING TO CURRENCY

Interpretation

Definitions

448. In this Part,
“counterfeit money”
« monnaie contrefaite »
“counterfeit money” includes

(a)
a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money,
(b)
a forged bank-note or forged blank bank-note, whether complete or incomplete,
(c)
a genuine coin or genuine paper money that is prepared or altered to resemble or pass for a current coin or current paper money of a higher denomination,
(d)
a current coin from which the milling is removed by filing or cutting the edges and on which new milling is made to restore its appearance,
(e)
a coin cased with gold, silver or nickel, as the case may be, that is intended to resemble or pass for a current gold, silver or nickel coin, and
(f)
a coin or a piece of metal or mixed metals that is washed or coloured by any means with a wash or material capable of producing the appearance of gold, silver or nickel and that is intended to resemble or pass for a current gold, silver or nickel coin;

“counterfeit token of value”
« symbole de valeur contrefait »
“counterfeit token of value” means a counterfeit excise stamp, postage stamp or other

evidence of value, by whatever technical, trivial or deceptive designation it may be
described, and includes genuine coin or paper money that has no value as money;
“current”

« courant »
“current” means lawfully current in Canada or elsewhere by virtue of a law, proclamation
or regulation in force in Canada or elsewhere as the case may be;

“utter”
« mettre en circulation »

“utter” includes sell, pay, tender and put off. R.S., c. C-34, s. 406.

Making

Making

449. Every one who makes or begins to make counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 407.

Possession

Possession, etc., of counterfeit money

450. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a)
buys, receives or offers to buy or receive,
(b)
has in his custody or possession, or
(c)
introduces into Canada,

counterfeit money is guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.
R.S., c. C-34, s. 408.
Having clippings, etc.

451. Every one who, without lawful justification or excuse, the proof of which lies on him, has in his custody or possession

(a)
gold or silver filings or clippings,
(b)
gold or silver bullion, or
(c)
gold or silver in dust, solution or otherwise,

produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

R.S., c. C-34, s. 409.

Uttering

Uttering, etc., counterfeit money

452. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a)
utters or offers to utter counterfeit money or uses counterfeit money as if it were genuine, or
(b)
exports, sends or takes counterfeit money out of Canada,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding
fourteen years.
R.S., c. C-34, s. 410.
Uttering coin

453. Every one who, with intent to defraud, knowingly utters

(a)
a coin that is not current, or
(b)
a piece of metal or mixed metals that resembles in size, figure or colour a current coin

for which it is uttered,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two
years.

R.S., c. C-34, s. 411. Slugs and tokens

454. Every one who without lawful excuse, the proof of which lies on him,

(a)
manufactures, produces or sells, or
(b)
has in his possession

anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 412; 1972, c. 13, s. 32.

Defacing or Impairing

Clipping and uttering clipped coin

455. Every one who

(a)
impairs, diminishes or lightens a current gold or silver coin with intent that it should pass for a current gold or silver coin, or
(b)
utters a coin knowing that it has been impaired, diminished or lightened contrary to

paragraph (a),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding
fourteen years.

R.S., c. C-34, s. 413.
Defacing current coins

456. Every one who

(a)
defaces a current coin, or
(b)
utters a current coin that has been defaced,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 414.
Likeness of bank-notes



457. (1) No person shall make, publish, print, execute, issue, distribute or circulate, including by electronic or computer-assisted means, anything in the likeness of

(a)
a current bank-note; or
(b)
an obligation or a security of a government or bank. Exception
(2)
Subsection (1) does not apply to
(a)
the Bank of Canada or its employees when they are carrying out their duties;
(b)
the Royal Canadian Mounted Police or its members or employees when they are carrying out their duties; or
(c)
any person acting under a contract or licence from the Bank of Canada or Royal Canadian Mounted Police.
Offence
(3)
A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Defence
(4)
No person shall be convicted of an offence under subsection (3) in relation to the printed likeness of a Canadian bank-note if it is established that the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, as the case may be, of the bank-note and
(a)
the likeness is in black-and-white only; or
(b)
the likeness of the bank-note appears on only one side of the likeness. R.S., 1985, c. C-46, s. 457; 1999, c. 5, s. 12.

Instruments or Materials

Making, having or dealing in instruments for counterfeiting

458. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a)
makes or repairs,
(b)
begins or proceeds to make or repair,
(c)
buys or sells, or
(d)
has in his custody or possession,

any machine, engine, tool, instrument, material or thing that he knows has been used or that he knows is adapted and intended for use in making counterfeit money or counterfeit tokens of value is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 416.

Conveying instruments for coining out of mint 459. Every one who, without lawful justification or excuse, the proof of which lies on him, knowingly conveys out of any of Her Majesty’s mints in Canada,

(a)
any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,
(b)
a useful part of anything mentioned in paragraph (a), or
(c)
coin, bullion, metal or a mixture of metals,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 417.

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Advertising and dealing in counterfeit money, etc.

460. (1) Every one who

(a)
by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or
(b)
purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Fraudulent use of money genuine but valueless

(2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

R.S., c. C-34, s. 418.

Special Provisions as to Proof

When counterfeit complete

461. (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

Certificate of examiner of counterfeit

(2)
In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Minister of Public Safety and Emergency Preparedness, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
Cross-examination and notice
(3)
Subsections 258(6) and (7) apply, with such modifications as the circumstances require, in respect of a certificate described in subsection (2).

R.S., 1985, c. C-46, s. 461; 1992, c. 1, s. 58; 2005, c. 10, s. 34.

Previous Version

Forfeiture

Ownership

462. (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

Seizure

(2)
A peace officer may seize and detain
(a)
counterfeit money,
(b)
counterfeit tokens of value, and
(c)
machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

R.S., c. C-34, s. 420.

PART XII.1 INSTRUMENTS AND LITERATURE FOR ILLICIT DRUG USE Interpretation

Definitions

462.1 In this Part,
“consume”
« consommer »
“consume” includes inhale, inject into the human body, masticate and smoke;
“illicit drug”
« drogue illicite »
“illicit drug” means a controlled substance or precursor the import, export, production,

sale or possession of which is prohibited or restricted pursuant to the Controlled Drugs
and Substances Act;
“illicit drug use”

« utilisation de drogues illicites »
“illicit drug use” means the importation, exportation, production, sale or possession of a
controlled substance or precursor contrary to the Controlled Drugs and Substances Act or
a regulation made under that Act;

“instrument for illicit drug use”
« instrument pour l’utilisation de drogues illicites »

“instrument for illicit drug use” means anything designed primarily or intended under the circumstances for consuming or to facilitate the consumption of an illicit drug, but does not include a “device” as that term is defined in section 2 of the Food and Drugs Act;

“literature for illicit drug use”
« documentation pour l’utilisation de drogues illicites »
“literature for illicit drug use” means any printed matter or video describing or depicting,

and designed primarily or intended under the circumstances to promote, encourage or
advocate, the production, preparation or consumption of illicit drugs;
“sell”

« vendre »
“sell” includes offer for sale, expose for sale, have in possession for sale and distribute,
whether or not the distribution is made for consideration.

R.S., 1985, c. 50 (4th Supp.), s. 1; 1996, c. 19, s. 67.

Offence and Punishment

Offence

462.2 Every one who knowingly imports into Canada, exports from Canada, manufactures, promotes or sells instruments or literature for illicit drug use is guilty of an offence and liable on summary conviction

(a)
for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or
(b)
for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.

R.S., 1985, c. 50 (4th Supp.), s. 1.

PART XII.2 PROCEEDS OF CRIME Interpretation

Definitions

462.3 (1) In this Part,
“designated drug offence” [Repealed, 1996, c. 19, s. 68]
“designated offence”
« infraction désignée »
“designated offence” means

(a)
any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, 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);
“designated substance offence” [Repealed, 2001, c. 32, s. 12]
“enterprise crime offence” [Repealed, 2001, c. 32, s. 12]
“judge”




« juge »
“judge” means a judge as defined in section 552 or a judge of a superior court of criminal
jurisdiction;

“proceeds of crime”

« produits de la criminalité »

“proceeds of crime” means any property, benefit or advantage, within or outside Canada,

obtained or derived directly or indirectly as a result of

(a)
the commission in Canada of a designated offence, or
(b)
an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
Regulations
(2)
The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition “designated offence” in subsection (1).
Powers of Attorney General of Canada
(3)
Despite the definition “Attorney General” in section 2, the Attorney General of Canada may
(a)
exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act; and
(b)
conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of
(i)
an offence referred to in section 354 or 462.31 if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act, and
(ii)
an offence under subsection 462.33(11) if the restraint order was made on application of the Attorney General of Canada.
Powers of Attorney General of a province
(4)
Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5; 1994, c. 44, s. 29; 1995, c. 39, s. 151; 1996, c. 19, ss. 68, 70; 1997, c. 18, s. 27, c. 23, s. 9; 1998, c. 34, ss. 9, 11; 1999, c. 5, ss. 13, 52; 2001, c. 32, s. 12, c. 41, ss. 14, 33; 2005, c. 44, s. 1.

Previous Version

Offence

Laundering proceeds of crime

462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

(a)
the commission in Canada of a designated offence; or
(b)
an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
Punishment
(2)
Every one who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b)
is guilty of an offence punishable on summary conviction.
Exception
(3)
A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, s. 28; 2001, c. 32, s. 13; 2005, c. 44, s. 2(F).

Previous Version

Search, Seizure and Detention of Proceeds of Crime

Special search warrant

462.32 (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant 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.

Procedure

(2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

Execution of warrant

(2.1) Subject to subsection (2.2), a warrant issued pursuant to subsection (1) may be executed anywhere in Canada.

Execution in another province

(2.2) Where a warrant is issued under subsection (1) in one province but it may be reasonably expected that it is to be executed in another province and the execution of the warrant would require entry into or on the property of any person in the other province, a judge in the other province may, on ex parte application, confirm the warrant, and when the warrant is so confirmed it shall have full force and effect in that other province as though it had originally been issued in that province.

Execution of warrant in other territorial jurisdictions

(3)
Subsections 487(2) to (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under this section.
Detention and record of property seized
(4)
Every person who executes a warrant issued by a judge under this section shall
(a)
detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;
(b)
as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and
(c)
cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

Return of proceeds

(4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

(a)
the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;
(b)
the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and
(c)
the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).
Notice
(5)
Before issuing a warrant under this section in relation to any property, a judge may require notice 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 unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.
Undertakings by Attorney General
(6)
Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29; 2001, c. 32, s. 14; 2005, c. 44, s. 3. Previous Version Application for restraint order

462.33 (1) The Attorney General may make an application in accordance with subsection

(2)
for a restraint order under subsection (3) in respect of any property. Procedure
(2)
An application made under subsection (1) for a restraint order under subsection (3) in respect of any property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters, namely,
(a)
the offence or matter under investigation;
(b)
the person who is believed to be in possession of the property;
(c)
the grounds for the belief that an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of the property;
(d)
a description of the property; and
(e)
whether any previous applications have been made under this section with respect to the property.
Restraint order
(3)
A judge who hears an application for a restraint order made under subsection (1) may

if the judge is satisfied that there are reasonable grounds to believe that there exists, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction — make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.

Execution in another province

(3.01) Subsections 462.32(2.1) and (2.2) apply, with such modifications as the circumstances require, in respect of a restraint order.

Property outside Canada

(3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Idem

(4)
An order made by a judge under subsection (3) may be subject to such reasonable conditions as the judge thinks fit.
Notice
(5)
Before making an order under subsection (3) in relation to any property, a judge may require notice 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 unless the judge is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under subsection 462.37(1) or (2.01) or 462.38(2).
(6)
An order made under subsection (3) shall be made in writing.
Undertakings by Attorney General
(7)
Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to
(a)
the making of an order in respect of property situated within or outside Canada; and
(b)
the execution of an order in respect of property situated within Canada. Service of order
(8)
A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.
Registration of order
(9)
A copy of an order made under subsection (3) shall be registered against any property in accordance with the laws of the province in which the property is situated.
Continues in force
(10)
An order made under subsection (3) remains in effect until
(a)
it is revoked or varied under subsection 462.34(4) or revoked under paragraph 462.43(a);
(b)
it ceases to be in force under section 462.35; or
(c)
an order of forfeiture or restoration of the property is made under subsection 462.37(1) or (2.01), 462.38(2) or 462.41(3) or any other provision of this or any other Act of Parliament.
Offence
(11)
Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

Order in writing R.S., 1985, c. 42 (4th Supp.), s. 2; 1993, c. 37, s. 21; 1996, c. 16, s. 60; 1997, c. 18, s. 30; 2001, c. 32, s. 15; 2005, c. 44, s. 4.

Previous Version Management order

462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, where 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
(2)
When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Power to manage
(3)
The power to manage or otherwise deal with property under subsection (1) includes
(a)
in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of 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
(4)
Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Notice
(5)
Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Manner of giving notice
(6)
A notice shall
(a)
be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b)
be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Order
(7)
A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
When management order ceases to have effect
(8)
A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Application to vary conditions
(9)
The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

2001, c. 32, s. 16.

Application for review of special warrants and restraint orders

462.34 (1) Any person who has an interest in property that was seized under a warrant issued pursuant to section 462.32 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge

(a)
for an order under subsection (4); or
(b)
for permission to examine the property. Notice to Attorney General
(2)
Where an application is made under paragraph (1)(a),
(a)
the application shall not, without the consent of the Attorney General, be heard by a judge unless the applicant has given to the Attorney General at least two clear days notice in writing of the application; and
(b)
the judge may require notice of the application 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.
Terms of examination order
(3)
A judge may, on an application made to the judge under paragraph (1)(b), order that the applicant be permitted to examine property subject to such terms as appear to the judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.
Order of restoration of property or revocation or variation of order
(4)
On an application made to a judge under paragraph (1)(a) in respect of any property and after hearing the applicant and the Attorney General and any other person to whom notice was given pursuant to paragraph (2)(b), the judge may order that the property or a part thereof be returned to the applicant or, in the case of a restraint order made under subsection 462.33(3), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the judge thinks fit,
(a)
if the applicant enters into a recognizance before the judge, with or without sureties, in such amount and with such conditions, if any, as the judge directs and, where the judge considers it appropriate, deposits with the judge such sum of money or other valuable security as the judge directs;
(b)
if the conditions referred to in subsection (6) are satisfied; or
(c)
for the purpose of
(i)
meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the judge, has a valid interest in the property and of the dependants of that person,
(ii)
meeting the reasonable business and legal expenses of a person referred to in subparagraph (i), or

(iii) permitting the use of the property in order to enter into a recognizance under Part XVI,

if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

Hearing

(5) For the purpose of determining the reasonableness of legal expenses referred to in subparagraph (4)(c)(ii), a judge shall hold an in camera hearing, without the presence of the Attorney General, and shall take into account the legal aid tariff of the province.

Expenses (5.1) For the purpose of determining the reasonableness of expenses referred to in paragraph (4)(c), the Attorney General may

(a)
at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses, other than legal expenses; and
(b)
before or after the hearing of the application held in camera pursuant to subsection (5), make representations as to what would constitute reasonable legal expenses referred to in subparagraph (4)(c)(ii).

Taxing legal fees

(5.2) The judge who made an order under paragraph (4)(c) may, and on the application of the Attorney General shall, tax the legal fees forming part of the legal expenses referred to in subparagraph (4)(c)(ii) and, in so doing, shall take into account

(a)
the value of property in respect of which an order of forfeiture may be made;
(b)
the complexity of the proceedings giving rise to those legal expenses;
(c)
the importance of the issues involved in those proceedings;
(d)
the duration of any hearings held in respect of those proceedings;
(e)
whether any stage of those proceedings was improper or vexatious;
(f)
any representations made by the Attorney General; and
(g)
any other relevant matter. Conditions to be satisfied
(6)
An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied
(a)
where the application is made by
(i)
a person charged with a designated offence, or
(ii)
any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,
that a warrant should not have been issued pursuant to section 462.32 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, or
(b)
in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,

and that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding.

Saving provision

(7)
Section 354 of this Act does not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).
Form of recognizance
(8)
A recognizance entered into pursuant to paragraph (4)(a) may be in Form 32.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, ss. 69, 70; 1997, c. 18, ss. 31, 140; 2001,

c. 32, s. 17.

Application of property restitution provisions

462.341 Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with any modifications that the circumstances require, to a person who has an interest in money or bank-notes that are seized under this Act or the Controlled Drugs and Substances Act and in respect of which proceedings may be taken under subsection 462.37(1) or (2.01) or 462.38(2).

1997, c. 18, ss. 32, 140; 1999, c. 5, s. 14; 2005, c. 44, s. 5.

Previous Version

Expiration of special warrants and restraint orders

462.35 (1) Subject to this section, where property has been seized under a warrant issued pursuant to section 462.32 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.

Where proceedings instituted

(2)
The property may continue to be detained, or the order may continue in force, for a period that exceeds six months if proceedings are instituted in respect of which the thing detained may be forfeited.
Where application made
(3)
The property may continue to be detained or the order may continue in force for a period or periods that exceed six months if the continuation is, on application made by the Attorney General, ordered by a judge, where the judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of section 462.37 or

462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 33.

Forwarding to clerk where accused to stand trial

462.36 Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.

R.S., 1985, c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 18.

Forfeiture of Proceeds of Crime

Order of forfeiture of property on conviction

462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court 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.

Proceeds of crime derived from other offences

(2) Where the evidence does not establish to the satisfaction of the court that the designated offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

Order of forfeiture — particular circumstances

(2.01) A court imposing sentence on an offender convicted of an offence described in subsection (2.02) shall, on application of the Attorney General and subject to this section and sections 462.4 and 462.41, order that any property of the offender that is identified by the Attorney General in the application be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law if the court is satisfied, on a balance of probabilities, that

(a)
within 10 years before the proceedings were commenced in respect of the offence for which the offender is being sentenced, the offender engaged in a pattern of criminal activity for the purpose of directly or indirectly receiving a material benefit, including a financial benefit; or
(b)
the income of the offender from sources unrelated to designated offences cannot reasonably account for the value of all the property of the offender.

Offences

(2.02) The offences are the following:

(a)
a criminal organization offence punishable by five or more years of imprisonment; and
(b)
an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under those sections — prosecuted by indictment.

Offender may establish that property is not proceeds of crime

(2.03) A court shall not make an order of forfeiture under subsection (2.01) in respect of any property that the offender establishes, on a balance of probabilities, is not proceeds of crime.

Pattern of criminal activity

(2.04) In determining whether the offender has engaged in a pattern of criminal activity described in paragraph (2.01)(a), the court shall consider

(a)
the circumstances of the offence for which the offender is being sentenced;
(b)
any act or omission — other than an act or omission that constitutes the offence for which the offender is being sentenced — that the court is satisfied, on a balance of probabilities, was committed by the offender and constitutes an offence punishable by indictment under any Act of Parliament;
(c)
any act or omission that the court is satisfied, on a balance of probabilities, was committed by the offender and is an offence in the place where it was committed and, if committed in Canada, would constitute an offence punishable by indictment under any Act of Parliament; and
(d)
any other factor that the court considers relevant.

Conditions — pattern of criminal activity

(2.05) A court shall not determine that an offender has engaged in a pattern of criminal activity unless the court is satisfied, on a balance of probabilities, that the offender committed, within the period referred to in paragraph (2.01)(a),

(a)
acts or omissions — other than an act or omission that constitutes the offence for which the offender is being sentenced — that constitute at least two serious offences or one criminal organization offence;
(b)
acts or omissions that are offences in the place where they were committed and, if committed in Canada, would constitute at least two serious offences or one criminal organization offence; or
(c)
an act or omission described in paragraph (a) that constitutes a serious offence and an act or omission described in paragraph (b) that, if committed in Canada, would constitute a serious offence.

Application under subsection (1) not prevented

(2.06) Nothing in subsection (2.01) shall be interpreted as preventing the Attorney General from making an application under subsection (1) in respect of any property.

Exception

(2.07) A court may, if it considers it in the interests of justice, decline to make an order of forfeiture against any property that would otherwise be subject to forfeiture under subsection (2.01). The court shall give reasons for its decision.

Property outside Canada

(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Fine instead of forfeiture

(3)
If a court is satisfied that an order of forfeiture under subsection (1) or (2.01) should be made in respect of any property of an offender but that the property or any part of or interest in the property cannot be made subject to an order, the court may, instead of
ordering the property or any part of or interest in the property to be forfeited, order the offender to pay a fine in an amount equal to the value of the property or the part of or interest in the property. In particular, a court may order the offender to pay a fine if the property or any part of or interest in the property
(a)
cannot, on the exercise of due diligence, be located;
(b)
has been transferred to a third party;
(c)
is located outside Canada;
(d)
has been substantially diminished in value or rendered worthless; or
(e)
has been commingled with other property that cannot be divided without difficulty. Imprisonment in default of payment of fine
(4)
Where a court orders an offender to pay a fine pursuant to subsection (3), the court shall
(a)
impose, in default of payment of that fine, a term of imprisonment
(i)
not exceeding six months, where the amount of the fine does not exceed ten thousand dollars,
(ii)
of not less than six months and not exceeding twelve months, where the amount of the fine exceeds ten thousand dollars but does not exceed twenty thousand dollars,

(iii) of not less than twelve months and not exceeding eighteen months, where the amount of the fine exceeds twenty thousand dollars but does not exceed fifty thousand dollars,

(iv)
of not less than eighteen months and not exceeding two years, where the amount of the fine exceeds fifty thousand dollars but does not exceed one hundred thousand dollars,
(v)
of not less than two years and not exceeding three years, where the amount of the fine exceeds one hundred thousand dollars but does not exceed two hundred and fifty thousand dollars,
(vi)
of not less than three years and not exceeding five years, where the amount of the fine exceeds two hundred and fifty thousand dollars but does not exceed one million dollars, or

(vii) of not less than five years and not exceeding ten years, where the amount of the fine exceeds one million dollars; and

(b)
direct that the term of imprisonment imposed pursuant to paragraph (a) be served consecutively to any other term of imprisonment imposed on the offender or that the offender is then serving.
Fine option program not available to offender
(5)
Section 736 does not apply to an offender against whom a fine is imposed pursuant to

subsection (3).
R.S., 1985, c. 42 (4th Supp.), s. 2; 1992, c. 1, s. 60(F); 1995, c. 22, s. 10; 1999, c. 5, s.
15(F); 2001, c. 32, s. 19; 2005, c. 44, s. 6.

Previous Version Definition of “order”

462.371 (1) In this section, “order” means an order made under section 462.37 or 462.38. Execution

(2)
An order may be executed anywhere in Canada. Filing of order from another province
(3)
Where the Attorney General of a province in which property that is the subject of an order made in another province is situated receives a certified copy of the order and files it with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.
Attorney General of Canada
(4)
Where the Attorney General of Canada receives a certified copy of an order made in a province in respect of property situated in another province and files the order with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.
Effect of registered order
(5)
An order has, from the date it is filed in a court of a province under subsection (3) or (4), the same effect as if it had been an order originally made by that court.
Notice
(6)
Where an order has been filed in a court under subsection (3) or (4), it shall not be executed before notice in accordance with subsection 462.41(2) is given to every person who, in the opinion of the court, appears to have a valid interest in the property.
Application of section 462.42
(7)
Section 462.42 applies, with such modifications as the circumstances require, in respect of a person who claims an interest in property that is the subject of an order filed under subsection (3) or (4).
Application under section 462.42 to be made in one province
(8)
No person may make an application under section 462.42 in relation to property that is the subject of an order filed under subsection (3) or (4) if that person has previously made an application in respect of the same property in another province.
Finding in one court binding
(9)
The finding by a court of a province in relation to property that is the subject of an order filed under subsection (3) or (4) as to whether or not an applicant referred to in subsection 462.42(4) is affected by the forfeiture referred to in that subsection or declaring the nature and extent of the interest of the applicant under that subsection is binding on the superior court of criminal jurisdiction of the province where the order is entered as a judgment.

1997, c. 18, s. 34.

Application for forfeiture

462.38 (1) Where an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.

Order of forfeiture of property

(2)
Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that
(a)
any property is, beyond a reasonable doubt, proceeds of crime,
(b)
proceedings in respect of a designated offence committed in relation to that property were commenced, and
(c)
the accused charged with the offence referred to in paragraph (b) has died or absconded,

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.

Property outside Canada (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Person deemed absconded

(3)
For the purposes of this section, a person shall be deemed to have absconded in connection with a designated offence if
(a)
an information has been laid alleging the commission of the offence by the person,
(b)
a warrant for the arrest of the person or a summons in respect of an organization has been issued in relation to that information, and
(c)
reasonable attempts to arrest the person pursuant to the warrant or to serve the summons have been unsuccessful during the period of six months commencing on the day the warrant or summons was issued, or, in the case of a person who is not or never was in Canada, the person cannot be brought within that period to the jurisdiction in which the warrant or summons was issued,

and the person shall be deemed to have so absconded on the last day of that period of six months.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 35; 2001, c. 32, s. 20; 2003, c. 21, s. 7.

Previous Version

Inference

462.39 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 2001, c. 32, s. 21.

Voidable transfers

462.4 A court may,

(a)
prior to ordering property to be forfeited under subsection 462.37(1) or (2.01) or 462.38(2), and
(b)
in the case of property in respect of which a restraint order was made under section

462.33, where the order was served in accordance with subsection 462.33(8),
set aside any conveyance or transfer of the property that occurred after the seizure of the
property or the service of the order under section 462.33, unless the conveyance or
transfer was for valuable consideration to a person acting in good faith.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 36(E); 2005, c. 44, s. 7. Previous Version Notice

462.41 (1) Before making an order under subsection 462.37(1) or (2.01) or 462.38(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who, in the opinion of the court, appears to have a valid interest in the property.

Service, duration and contents of notice

(2)
A notice given under subsection (1) shall
(a)
be given or served in such manner as the court directs or as may be prescribed by the rules of the court;
(b)
be of such duration as the court considers reasonable or as may be prescribed by the rules of the court; and
(c)
set out the designated offence charged and a description of the property. Order of restoration of property
(3)
Where a court is satisfied that any person, other than
(a)
a person who is charged with, or was convicted of, a designated offence, or
(b)
a person who acquired title to or a right of possession of that property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property,

is the lawful owner or is lawfully entitled to possession of any property or any part thereof that would otherwise be forfeited pursuant to subsection 462.37(1) or (2.01) or 462.38(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part thereof be returned to that person.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, ss. 37, 140; 2001, c. 32,

s. 22; 2005, c. 44, s. 8.

Previous Version

Application by person claiming interest for relief from forfeiture

462.42 (1) Any person who claims an interest in property that is forfeited to Her Majesty under subsection 462.37(1) or (2.01) or 462.38(2) may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4) unless the person is

(a)
a person who is charged with, or was convicted of, a designated offence that resulted in the forfeiture; or
(b)
a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.
Fixing day for hearing
(2)
The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.
Notice
(3)
An applicant shall serve a notice of the application made under subsection (1) and of the hearing thereof on the Attorney General at least fifteen days before the day fixed for the hearing.
Order declaring interest not subject to forfeiture
(4)
Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any designated offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.
Appeal from order under subsection (4)
(5)
An applicant or the Attorney General may appeal to the court of appeal from an order under subsection (4) and the provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this subsection.
Return of property
(6)
The Attorney General shall, on application made to the Attorney General by any person who has obtained an order under subsection (4) and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined,
(a)
direct that the property or the part thereof to which the interest of the applicant relates be returned to the applicant; or
(b)
direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, ss. 38, 140; 2001, c. 32,

s. 23; 2005, c. 44, s. 9.

Previous Version

Residual disposal of property seized or dealt with pursuant to special warrants or restraint orders

462.43 (1) Where property has been seized under a warrant issued pursuant to section 462.32, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into pursuant to paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37,

462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge

(a)
in the case of a restraint order, shall revoke the order;
(b)
in the case of a recognizance, shall cancel the recognizance; and
(c)
in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a),
(i)
if possession of it by the person from whom it was taken is lawful, shall order that it be returned to that person,
(ii)
if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, shall order that it be returned to the lawful owner or the person who is lawfully entitled to its possession, or

(iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known, may order that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

Property outside Canada

(2) An order may be issued under this section in respect of property situated outside
Canada, with any modifications that the circumstances require.
R.S., 1985, c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 24; 2004, c. 12, s. 7.

Previous Version Appeals from certain orders

462.44 Any person who considers that they are aggrieved by an order made under subsection 462.38(2) or 462.41(3) or section 462.43 may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with such modifications as the circumstances require, to such an appeal.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 39.

Suspension of forfeiture pending appeal

462.45 Despite anything in this Part, the operation of an order of forfeiture or restoration of property under subsection 462.34(4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43 is suspended pending

(a)
any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for the restoration or forfeiture of such property,
(b)
any appeal taken from an order of forfeiture or restoration in respect of the property, or
(c)
any other proceeding in which the right of seizure of the property is questioned,

and property shall not be disposed of within thirty days after an order of forfeiture is
made under any of those provisions.
R.S., 1985, c. 42 (4th Supp.), s. 2; 2005, c. 44, s. 10.
Previous Version

Copies of documents returned or forfeited

462.46 (1) If any document is returned or ordered to be returned, forfeited or otherwise dealt with under subsection 462.34(3) or (4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43, the Attorney General may, before returning the document or complying with the order, cause a copy of the document to be made and retained.

Probative force

(2) Every copy made under subsection (1) shall, if certified as a true copy by the Attorney General, be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the original document would have had if it had been proved in the ordinary way.

R.S., 1985, c. 42 (4th Supp.), s. 2; 2005, c. 44, s. 11.

Previous Version

Disclosure Provisions

No civil or criminal liability incurred by informants

462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 2001, c. 32, ss. 25, 82; 2002, c. 13,

s. 16(F); 2004, c. 12, s. 8(F).
Previous Version
Definition of “designated substance offence”

462.48 (1) In this section, “designated substance offence” means

(a)
an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; 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).

Disclosure of income tax information (1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to

(a)
a designated substance offence;
(b)
an offence against section 354 or 462.31 where the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
(i)
the commission in Canada of a designated substance offence, or
(ii)
an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence;
(c)
an offence against section 467.11, 467.12 or 467.13 or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or
(d)
a terrorism offence.
Application
(2)
An application under subsection (1.1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,
(a)
the offence or matter under investigation;
(b)
the person in relation to whom the information or documents referred to in paragraph
(c)
are required;
(c)
the type of information or book, record, writing, return or other document obtained by or on behalf of the Minister of National Revenue for the purposes of the Income Tax Act to which access is sought or that is proposed to be examined or communicated; and
(d)
the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in paragraph (1.1)(a), (b) or (c) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.
(3)
Where the judge to whom an application under subsection (1.1) is made is satisfied
(a)
of the matters referred to in paragraph (2)(d), and
(b)
that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents to which the application relates, having regard to the benefit likely to accrue to the investigation if the access is obtained,
the judge may, subject to any conditions that the judge considers advisable in the public interest, order the Commissioner of Revenue or any person specially designated in writing by the Commissioner for the purposes of this section
(c)
to allow a police officer named in the order access to all such information and documents and to examine them, or
(d)
where the judge considers it necessary in the circumstances, to produce all such information and documents to the police officer and allow the police officer to remove the information and documents,

Order for disclosure of information within such period after the expiration of seven clear days following the service of the order pursuant to subsection (4) as the judge may specify.

Service of order

(4)
A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.
Extension of period for compliance with order
(5)
A judge who makes an order under subsection (3) may, on application of the Minister of National Revenue, extend the period within which the order is to be complied with.
Objection to disclosure of information
(6)
The Minister of National Revenue or any person specially designated in writing by that Minister for the purposes of this section may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that the information or document should not be disclosed on the ground that
(a)
the Minister of National Revenue is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement respecting taxation to which the Government of Canada is a signatory;
(b)
a privilege is attached by law to the information or document;
(c)
the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or
(d)
disclosure of the information or document would not, for any other reason, be in the public interest.
Determination of objection
(7)
Where an objection to the disclosure of information or a document is made under subsection (6), the objection may be determined, on application, in accordance with subsection (8), by the Chief Justice of the Federal Court, or by such other judge of that Court as the Chief Justice may designate to hear such applications.
Judge may examine information
(8)
A judge who is to determine an objection pursuant to subsection (7) may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made and shall grant the objection and order that disclosure of the information or document be refused where the judge is satisfied of any of the grounds mentioned in subsection (6).
Limitation period
(9)
An application under subsection (7) shall be made within ten days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or such other judge of that Court as the Chief Justice may designate to hear such applications, considers appropriate.
Appeal to Federal Court of Appeal
(10)
An appeal lies from a determination under subsection (7) to the Federal Court of Appeal.
Limitation period for appeal
(11)
An appeal under subsection (10) shall be brought within ten days from the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.
Special rules for hearings
(12)
An application under subsection (7) or an appeal brought in respect of that application shall
(a)
be heard in camera; and
(b)
on the request of the person objecting to the disclosure of information, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
Ex parte representations
(13)
During the hearing of an application under subsection (7) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.
Copies
(14)
When any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any officer of the Canada Revenue Agency may make, or cause to be made, one or more copies of it, and any copy purporting to be certified by the Minister of National Revenue or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.
Further disclosure
(15)
No person to whom information or documents have been disclosed or provided pursuant to this subsection or pursuant to an order made under subsection (3) shall further disclose the information or documents except for the purposes of the investigation in relation to which the order was made.
(16)
An order made under subsection (3) may be in Form 47.
Definition of “police officer”
(17)
In this section, “police officer” means any officer, constable or other person employed for the preservation and maintenance of the public peace.

Form

R.S., 1985, c. 42 (4th Supp.), s. 2; 1994, c. 13, s. 7; 1996, c. 19, s. 70; 1997, c. 23, s. 10; 1999, c. 17, s. 120; 2001, c. 32, s. 26, c. 41, ss. 15, 133; 2005, c. 38, ss. 138, 140.

Previous Version

Specific Rules of Forfeiture

Specific forfeiture provisions unaffected by this Part 462.49 (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) The property of an offender may be used to satisfy the operation of a provision of this or any other Act of Parliament respecting the forfeiture of property 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.

R.S., 1985, c. 42 (4th Supp.), s. 2.

Regulations

Regulations

462.5 The Attorney General may make regulations governing the manner of disposing of or otherwise dealing with, in accordance with the law, property forfeited under this Part.

R.S., 1985, c. 42 (4th Supp.), s. 2.

PART XIII

ATTEMPTS — CONSPIRACIES — ACCESSORIES

Attempts, accessories

463. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences:

(a)
every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years;
(b)
every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable;
(c)
every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and
(d)
every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction
(i)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or
(ii)
is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 463; R.S., 1985, c. 27 (1st Supp.), s. 59; 1998, c. 35, s. 120.

Counselling offence that is not committed

464. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,

(a)
every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and
(b)
every one who counsels another person to commit an offence punishable on summary conviction is, if the offence is not committed, guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 464; R.S., 1985, c. 27 (1st Supp.), s. 60.

Conspiracy

465. (1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:

(a)
every one who conspires with any one to commit murder or to cause another person to be murdered, whether in Canada or not, is guilty of an indictable offence and liable to a maximum term of imprisonment for life;
(b)
every one who conspires with any one to prosecute a person for an alleged offence, knowing that he did not commit that offence, is guilty of an indictable offence and liable
(i)
to imprisonment for a term not exceeding ten years, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term not exceeding fourteen years, or
(ii)
to imprisonment for a term not exceeding five years, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than fourteen years;
(c)
every one who conspires with any one to commit an indictable offence not provided for in paragraph (a) or (b) is guilty of an indictable offence and liable to the same punishment as that to which an accused who is guilty of that offence would, on conviction, be liable; and
(d)
every one who conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punishable on summary conviction.
(2)
[Repealed, 1985, c. 27 (1st Supp.), s. 61] Conspiracy to commit offences
(3)
Every one who, while in Canada, conspires with any one to do anything referred to in subsection (1) in a place outside Canada that is an offence under the laws of that place shall be deemed to have conspired to do that thing in Canada.
Idem
(4)
Every one who, while in a place outside Canada, conspires with any one to do anything referred to in subsection (1) in Canada shall be deemed to have conspired in Canada to do that thing.
Jurisdiction
(5)
Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4), 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
(6)
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
(7)
Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4) and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if the person had been tried and dealt with in Canada, he would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada.

R.S., 1985, c. C-46, s. 465; R.S., 1985, c. 27 (1st Supp.), s. 61; 1998, c. 35, s. 121.

Conspiracy in restraint of trade

466. (1) A conspiracy in restraint of trade is an agreement between two or more persons to do or to procure to be done any unlawful act in restraint of trade.

Trade union, exception

(2) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful within the meaning of subsection (1).

R.S., 1985, c. C-46, s. 466; 1992, c. 1, s. 60(F). Saving

467. (1) No person shall be convicted of the offence of conspiracy by reason only that he

(a)
refuses to work with a workman or for an employer; or
(b)
does any act or causes any act to be done for the purpose of a trade combination, unless that act is an offence expressly punishable by law.
Definition of “trade combination”
(2)
In this section, “trade combination” means any combination between masters or workmen or other persons for the purpose of regulating or altering the relations between masters or workmen, or the conduct of a master or workman in or in respect of his business, employment or contract of employment or service.

R.S., c. C-34, s. 425.

Definitions

467.1 (1) The following definitions apply in this Act.
“criminal organization”
« organisation criminelle »

“criminal organization” means a group, however organized, that

(a)
is composed of three or more persons in or outside Canada; and
(b)
has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

It does not include a group of persons that forms randomly for the immediate commission of a single offence.

“serious offence”

« infraction grave »

“serious offence” means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.

Facilitation

(2)
For the purposes of this section and section 467.11, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.
Commission of offence
(3)
In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.
Regulations
(4)
The Governor in Council may make regulations prescribing offences that are included in the definition “serious offence” in subsection (1).

1997, c. 23, s. 11; 2001, c. 32, s. 27.
Participation in activities of criminal organization

467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Prosecution

(2)
In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that
(a)
the criminal organization actually facilitated or committed an indictable offence;
(b)
the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;
(c)
the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or
(d)
the accused knew the identity of any of the persons who constitute the criminal organization.
Factors
(3)
In determining whether an accused participates in or contributes to any activity of a criminal organization, 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 criminal organization;
(b)
frequently associates with any of the persons who constitute the criminal organization;
(c)
receives any benefit from the criminal organization; or
(d)
repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

2001, c. 32, s. 27.
Commission of offence for criminal organization

467.12 (1) Every person 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 criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Prosecution

(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

2001, c. 32, s. 27.

Instructing commission of offence for criminal organization

467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

Prosecution

(2)
In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that
(a)
an offence other than the offence under subsection (1) was actually committed;
(b)
the accused instructed a particular person to commit an offence; or
(c)
the accused knew the identity of all of the persons who constitute the criminal organization.

2001, c. 32, s. 27.
Sentences to be served consecutively

467.14 A sentence imposed on a person for an offence under section 467.11, 467.12 or

467.13 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 any of those sections.

2001, c. 32, s. 27.

Powers of the Attorney General of Canada

467.2 (1) Notwithstanding the definition of “Attorney General” in section 2, the Attorney General of Canada may conduct proceedings in respect of

(a)
an offence under section 467.11; or
(b)
another criminal organization offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.

For those purposes, 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.

Powers of the Attorney General of a province

(2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.11, 467.12 or

467.13 or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

1997, c. 23, s. 11; 2001, c. 32, s. 28.

PART XIV JURISDICTION General

Superior court of criminal jurisdiction

    1. Every superior court of criminal jurisdiction has jurisdiction to try any indictable offence.
    2. R.S., c. C-34, s. 426.
      Court of criminal jurisdiction

  1. Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than
(a)
an offence under any of the following sections:
(i)
section 47 (treason),
(ii)
section 49 (alarming Her Majesty),

(iii) section 51 (intimidating Parliament or a legislature),

(iv)
section 53 (inciting to mutiny),
(v)
section 61 (seditious offences),
(vi)
section 74 (piracy),

(vii) section 75 (piratical acts), or

(viii) section 235 (murder); Accessories

(b)
the offence of being an accessory after the fact to high treason or treason or murder;
(c)
an offence under section 119 (bribery) by the holder of a judicial office; Crimes against humanity

(c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

Attempts

(d)
the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or
Conspiracy
(e)
the offence of conspiring to commit any offence mentioned in paragraph (a). R.S., 1985, c. C-46, s. 469; R.S., 1985, c. 27 (1st Supp.), s. 62; 2000, c. 24, s. 44. Jurisdiction over person

470. Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence

(a)
if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or
(b)
if the accused has been ordered to be tried by
(i)
that court, or
(ii)
any other court, the jurisdiction of which has by lawful authority been transferred to that court.

R.S., 1985, c. C-46, s. 470; R.S., 1985, c. 27 (1st Supp.), s. 101. Trial by jury compulsory

    1. Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.
    2. R.S., c. C-34, s. 429.
  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 63] Trial without jury
  2. (1) Notwithstanding anything in this Act, an accused charged with an offence listed in section 469 may, with the consent of the accused and the Attorney General, be tried without a jury by a judge of a superior court of criminal jurisdiction.

Joinder of other offences

(1.1) Where the consent of the accused and the Attorney General is given in accordance with subsection (1), the judge of the superior court of criminal jurisdiction may order that any offence be tried by that judge in conjunction with the offence listed in section 469.

Withdrawal of consent

(2) Notwithstanding anything in this Act, where the consent of an accused and the Attorney General is given in accordance with subsection (1), that consent shall not be withdrawn unless both the accused and the Attorney General agree to the withdrawal.

R.S., 1985, c. C-46, s. 473; R.S., 1985, c. 27 (1st Supp.), s. 63; 1994, c. 44, s. 30.

Adjournment when no jury summoned

474. (1) Where the competent authority has determined that a panel of jurors is not to be summoned for a term or sittings of the court for the trial of criminal cases in any territorial division, the clerk of the court may, on the day of the opening of the term or sittings, if a judge is not present to preside over the court, adjourn the court and the business of the court to a subsequent day.

Adjournment on instructions of judge

(2) A clerk of the court for the trial of criminal cases in any territorial division may, at any time, on the instructions of the presiding judge or another judge of the court, adjourn the court and the business of the court to a subsequent day.

R.S., 1985, c. C-46, s. 474; 1994, c. 44, s. 31.

Accused absconding during trial 475. (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of his trial,

(a)
he shall be deemed to have waived his right to be present at his trial, and
(b)
the court may
(i)
continue the trial and proceed to a judgment or verdict and, if it finds the accused guilty, impose a sentence on him in his absence, or
(ii)
if a warrant in Form 7 is issued for the arrest of the accused, adjourn the trial to await his appearance,

but where the trial is adjourned pursuant to subparagraph (b)(ii), the court may, at any time, continue the trial if it is satisfied that it is no longer in the interests of justice to await the appearance of the accused.

Adverse inference

(2)
Where a court continues a trial pursuant to subsection (1), it may draw an inference adverse to the accused from the fact that he has absconded.
Accused not entitled to re-opening
(3)
Where an accused reappears at his trial that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the court is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the proceedings.
Counsel for accused may continue to act
(4)
Where an accused has absconded during the course of his trial and the court continues the trial, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

R.S., 1985, c. C-46, s. 475; R.S., 1985, c. 27 (1st Supp.), s. 185(F), c. 1 (4th Supp.), s. 18(F).

Special Jurisdiction

Special jurisdictions

476. For the purposes of this Act,

(a)
where an offence is committed in or on any water or on a bridge between two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;
(b)
where an offence is committed on the boundary of two or more territorial divisions or within five hundred metres of any such boundary, or the offence was commenced within one territorial division and completed within another, the offence shall be deemed to have been committed in any of the territorial divisions;
(c)
where an offence is committed in or on a vehicle employed in a journey, or on board a vessel employed on a navigable river, canal or inland water, the offence shall be deemed to have been committed in any territorial division through which the vehicle or vessel passed in the course of the journey or voyage on which the offence was committed, and where the center or other part of the road, or navigable river, canal or inland water on which the vehicle or vessel passed in the course of the journey or voyage is the boundary of two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;
(d)
where an offence is committed in an aircraft in the course of a flight of that aircraft, it shall be deemed to have been committed
(i)
in the territorial division in which the flight commenced,
(ii)
in any territorial division over which the aircraft passed in the course of the flight, or

(iii) in the territorial division in which the flight ended; and

(e) where an offence is committed in respect of the mail in the course of its door-to-door delivery, the offence shall be deemed to have been committed in any territorial division through which the mail was carried on that delivery.

R.S., 1985, c. C-46, s. 476; R.S., 1985, c. 27 (1st Supp.), s. 186; 1992, c. 1, s. 58.

Definition of “ship”

477. (1) In sections 477.1 to 477.4, “ship” includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion.

Saving

(2) Nothing in sections 477.1 to 477.4 limits the operation of any other Act of Parliament or the jurisdiction that a court may exercise apart from those sections.

R.S., 1985, c. C-46, s. 477; 1990, c. 44, s. 15; 1996, c. 31, s. 67.

Offences outside of Canada

477.1 Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission

(a)
in the exclusive economic zone of Canada that
(i)
is committed by a person who is in the exclusive economic zone of Canada in connection with exploring or exploiting, conserving or managing the natural resources, whether living or non-living, of the exclusive economic zone of Canada, and
(ii)
is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
(b)
that is committed in a place in or above the continental shelf of Canada and that is an offence in that place by virtue of section 20 of the Oceans Act;
(c)
that is committed outside Canada on board or by means of a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(d)
that is committed outside Canada in the course of hot pursuit; or
(e)
that is committed outside the territory of any state by a Canadian citizen.
1990, c. 44, s. 15; 1996, c. 31, s. 68; 2001, c. 27, s. 247.
Consent of Attorney General of Canada


477.2 (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

Exception

(1.1) Subsection (1) does not apply to proceedings by way of summary conviction. Consent of Attorney General of Canada

(2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

Consent of Attorney General of Canada

(3)
No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.
Consent to be filed
(4)
The consent of the Attorney General required by subsection (1), (2) or (3) must be filed with the clerk of the court in which the proceedings have been instituted.

1990, c. 44, s. 15; 1994, c. 44, s. 32; 1996, c. 31, s. 69. Exercising powers of arrest, entry, etc.

477.3 (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

(a)
at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or
(b)
where hot pursuit has been commenced, at any place on the seas, other than a place that is part of the territorial sea of any other state.
Arrest, search, seizure, etc.
(2)
A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence
(a)
committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or
(b)
referred to in section 477.1 in the same manner as if the offence had been committed in that territorial division. Limitation
(3)
Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred

to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

1990, c. 44, s. 15; 1996, c. 31, s. 70.

477.4 (1) and (2) [Repealed, 1996, c. 31, s. 71] Evidence

(3)
In proceedings in respect of an offence,
(a)
a certificate referred to in subsection 23(1) of the Oceans Act, or
(b)
a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,

is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.

Certificate cannot be compelled

(4) A certificate referred to in subsection (3) is admissible in evidence in proceedings referred to in that subsection but its production cannot be compelled.

1990, c. 44, s. 15; 1995, c. 5, s. 25; 1996, c. 31, s. 71. Offence committed entirely in one province

478. (1) Subject to this Act, a court in a province shall not try an offence committed entirely in another province.

Exception

(2)
Every proprietor, publisher, editor or other person charged with the publication of a defamatory libel in a newspaper or with conspiracy to publish a defamatory libel in a newspaper shall be dealt with, indicted, tried and punished in the province where he resides or in which the newspaper is printed.
Idem
(3)
An accused who is charged with an offence that is alleged to have been committed in Canada outside the province in which the accused is may, if the offence is not an offence mentioned in section 469 and
(a)
in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, if the Attorney General of Canada consents, or
(b)
in any other case, if the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the province where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

Where accused ordered to stand trial

(4)
Notwithstanding that an accused described in subsection (3) has been ordered to stand trial or that an indictment has been preferred against the accused in respect of the offence to which he desires to plead guilty, the accused shall be deemed simply to stand charged of that offence without a preliminary inquiry having been conducted or an indictment having been preferred with respect thereto.
Definition of “newspaper”
(5)
In this section, “newspaper” has the same meaning as in section 297.

R.S., 1985, c. C-46, s. 478; R.S., 1985, c. 27 (1st Supp.), ss. 64, 101(E); 1994, c. 44, s. 33(E).

Offence outstanding in same province

479. Where an accused is charged with an offence that is alleged to have been committed in the province in which he is, he may, if the offence is not an offence mentioned in section 469 and

(a)
in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, the Attorney General of Canada consents, or
(b)
in any other case, the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

R.S., 1985, c. C-46, s. 479; R.S., 1985, c. 27 (1st Supp.), s. 65; 1994, c. 44, s. 34(E).

Offence in unorganized territory

480. (1) Where an offence is committed in an unorganized tract of country in any province or on a lake, river or other water therein, not included in a territorial division or in a provisional judicial district, proceedings in respect thereof may be commenced and an accused may be charged, tried and punished in respect thereof within any territorial division or provisional judicial district of the province in the same manner as if the offence had been committed within that territorial division or provisional judicial district.

New territorial division

(2) Where a provisional judicial district or a new territorial division is constituted in an unorganized tract referred to in subsection (1), the jurisdiction conferred by that subsection continues until appropriate provision is made by law for the administration of criminal justice within the provisional judicial district or new territorial division.

R.S., c. C-34, s. 436.

Offence not in a province

481. Where an offence is committed in a part of Canada not in a province, proceedings in respect thereof may be commenced and the accused may be charged, tried and punished within any territorial division in any province in the same manner as if that offence had been committed in that territorial division.

R.S., c. C-34, s. 437.

Offence in Canadian waters

481.1 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

1996, c. 31, s. 72.

Offence outside Canada 481.2 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

1996, c. 31, s. 72; 2008, c. 18, s. 10.

Previous Version

Appearance of accused at trial

481.3 For greater certainty, the provisions of this Act relating to

(a)
the requirement of the appearance of an accused at proceedings, and
(b)
the exceptions to that requirement

apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.

1996, c. 31, s. 72.

Rules of Court

Power to make rules

482. (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

Power to make rules

(2)
The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
(a)
every court of criminal jurisdiction for a province;
(b)
every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);
(c)
the Ontario Court of Justice;
(d)
the Court of Quebec and every municipal court in the Province of Quebec;
(e)
the Provincial Court of Nova Scotia;
(f)
the Provincial Court of New Brunswick;
(g)
the Provincial Court of Manitoba;
(h)
the Provincial Court of British Columbia;
(i)
the Provincial Court of Prince Edward Island;
(j)
the Provincial Court of Saskatchewan;
(k)
the Provincial Court of Alberta;
(l)
the Provincial Court of Newfoundland;
(m)
the Territorial Court of Yukon;
(n)
the Territorial Court of the Northwest Territories; and
(o)
the Nunavut Court of Justice. Purpose of rules
(3)
Rules under subsection (1) or (2) may be made
(a)
generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;
(b)
to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;
(c)
to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and
(d)
to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,
(i)
for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,
(ii)
for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,

(iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,

(iv)
for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and
(v)
for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.
Publication
(4)
Rules of court that are made under the authority of this section shall be published in the Canada Gazette.
Regulations to secure uniformity
(5)
Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.

R.S., 1985, c. C-46, s. 482; R.S., 1985, c. 27 (1st Supp.), s. 66; 1994, c. 44, s. 35; 2002, c. 13, s. 17.

Power to make rules respecting case management

482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules

(a)
for the determination of any matter that would assist the court in effective and efficient case management;
(b)
permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and
(c)
establishing case management schedules.
Compliance with directions
(2)
The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).
Summons or warrant
(3)
If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.
Provisions to apply
(4)
Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
Approval of lieutenant governor in council
(5)
Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force.
Subsections 482(4) and (5) to apply
(6)
Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).

2002, c. 13, s. 18.

PART XV SPECIAL PROCEDURE AND POWERS General Powers of Certain Officials

Officials with powers of two justices

483. Every judge or provincial court judge authorized by the law of the province in which he is appointed to do anything that is required to be done by two or more justices may do alone anything that this Act or any other Act of Parliament authorizes two or more justices to do.

R.S., 1985, c. C-46, s. 483; R.S., 1985, c. 27 (1st Supp.), s. 203.

Preserving order in court 484. Every judge or provincial court judge has the same power and authority to preserve order in a court over which he presides as may be exercised by the superior court of criminal jurisdiction of the province during the sittings thereof.

R.S., 1985, c. C-46, s. 484; R.S., 1985, c. 27 (1st Supp.), s. 203.

Procedural irregularities

485. (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands.

When accused not present

(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies.

Summons or warrant

(2)
Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant.
Dismissal for want of prosecution
(3)
Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1.
Adjournment and order
(4)
Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate.
Part XVI to apply
(5)
The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).

R.S., 1985, c. C-46, s. 485; R.S., 1985, c. 27 (1st Supp.), s. 67; 1992, c. 1, s. 60(F); 1997,

c. 18, s. 40; 2002, c. 13, s. 19.

Recommencement where dismissal for want of prosecution

485.1 Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without

(a)
the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or
(b)
the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene.

R.S., 1985, c. 27 (1st Supp.), s. 67.

Exclusion of public in certain cases

486. (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may order the exclusion of all or any members of the public from the court room for all or part of the proceedings if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security.

Protection of witnesses under 18 and justice system participants

(2)
For the purposes of subsection (1), the “proper administration of justice” includes ensuring that
(a)
the interests of witnesses under the age of eighteen years are safeguarded in all proceedings; and
(b)
justice system participants who are involved in the proceedings are protected.
Reasons to be stated
(3)
If an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 171, 172, 172.1, 173, 212, 271, 272, 273, 279.01, 279.011, 279.02 or 279.03 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

R.S., 1985, c. C-46, s. 486; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14,

c. 23 (4th Supp.), s. 1; 1992, c. 1, s. 60(F), c. 21, s. 9; 1993, c. 45, s. 7; 1997, c. 16, s. 6; 1999, c. 25, s. 2(Preamble); 2001, c. 32, s. 29, c. 41, ss. 16, 34, 133; 2002, c. 13, s. 20; 2005, c. 32, s. 15, c. 43, ss. 4, 8; 2010, c. 3, s. 4.

Previous Version

Support person — witnesses under 18 or who have a disability

486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor, of a witness who is under the age of eighteen years or of a witness who has a mental or physical disability, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Other witnesses

(2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor or a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness of the acts complained of.

Application

(2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings.

Factors to be considered

(3)
In making a determination under subsection (2), the judge or justice shall take into account the age of the witness, whether the witness has a mental or physical disability, the nature of the offence, the nature of any relationship between the witness and the accused, and any other circumstance that the judge or justice considers relevant.
Witness not to be a support person
(4)
The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice.
(5)
The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies.
No adverse inference
(6)
No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

No communication while testifying 2005, c. 32, s. 15.

Testimony outside court room — witnesses under 18 or who have a disability

486.2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor, of a witness who is under the age of eighteen years or of a witness who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Other witnesses

(2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor or a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness of the acts complained of.

Application

(2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings.

Factors to be considered

(3)
In making a determination under subsection (2), the judge or justice shall take into account the factors referred to in subsection 486.1(3).
Specific offences
(4)
Despite section 650, if an accused is charged with an offence referred to in subsection (5), the presiding judge or justice may order that any witness testify
(a)
outside the court room if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and
(b)
outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness of the acts complained of.
Offences
(5)
The offences for the purposes of subsection (4) are
(a)
an offence under section 423.1, 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;
(b)
a terrorism offence;
(c)
an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; or
(d)
an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
Same procedure for determination
(6)
If the judge or justice is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) or (4) should be made in respect of that witness, the judge or justice shall order that the witness testify in accordance with that subsection.
Conditions of exclusion
(7)
A witness shall not testify outside the court room under subsection (1), (2), (4) or (6) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
No adverse inference
(8)
No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

2005, c. 32, s. 15.
Accused not to cross-examine witness under 18

486.3 (1) In any proceedings against an accused, on application of the prosecutor or a witness who is under the age of eighteen years, the accused shall not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. The judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.

Other witnesses

(2)
In any proceedings against an accused, on application of the prosecutor or a witness, the accused shall not personally cross-examine the witness if the judge or justice is of the opinion that, in order to obtain a full and candid account from the witness of the acts complained of, the accused should not personally cross-examine the witness. The judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.
Factors to be considered
(3)
In making a determination under subsection (2), the judge or justice shall take into account the factors referred to in subsection 486.1(3).
Victim of criminal harassment
(4)
In any proceedings in respect of an offence under section 264, on application of the prosecutor or the victim of the offence, the accused shall not personally cross-examine the victim unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. The judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.

Application

(4.1) An application referred to in subsection (1), (2) or (4) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings.

No adverse inference

(5) No adverse inference may be drawn from the fact that counsel is, or is not, appointed under this section.

2005, c. 32, s. 15.

Order restricting publication — sexual offences

486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of

(a)
any of the following offences:
(i)
an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 346 or 347,
(ii)
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

(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 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; or

(b)
two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).
Mandatory order on application
(2)
In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a)
at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant of the right to make an application for the order; and
(b)
on application made by the complainant, the prosecutor or any such witness, make the order.
Child pornography
(3)
In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.
Limitation
(4)
An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community.

2005, c. 32, s. 15, c. 43, s. 8; 2010, c. 3, s. 5.

Previous Version

Order restricting publication — victims and witnesses

486.5 (1) Unless an order is made under section 486.4, on application of the prosecutor, a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

Justice system participants

(2)
On application of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection 486.2(5) or of the prosecutor in those proceedings, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.
Limitation
(3)
An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.
Application and notice
(4)
An applicant for an order shall
(a)
apply in writing to the presiding judge or justice or, if the judge or justice has not been determined, to a judge of a superior court of criminal jurisdiction in the judicial district where the proceedings will take place; and
(b)
provide notice of the application to the prosecutor, the accused and any other person affected by the order that the judge or justice specifies.
Grounds
(5)
An applicant for an order shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.
(6)
The judge or justice may hold a hearing to determine whether an order should be made, and the hearing may be in private.
Factors to be considered
(7)
In determining whether to make an order, the judge or justice shall consider
(a)
the right to a fair and public hearing;
(b)
whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;
(c)
whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;
(d)
society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;
(e)
whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;
(f)
the salutary and deleterious effects of the proposed order;
(g)
the impact of the proposed order on the freedom of expression of those affected by it; and
(h)
any other factor that the judge or justice considers relevant. Conditions
(8)
An order may be subject to any conditions that the judge or justice thinks fit. Publication prohibited
(9)
Unless the judge or justice refuses to make an order, no person shall publish in any document or broadcast or transmit in any way
(a)
the contents of an application;
(b)
any evidence taken, information given or submissions made at a hearing under subsection (6); or
(c)
any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

Hearing may be held 2005, c. 32, s. 15.

Offence

486.6 (1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.

Application of order

(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order.

2005, c. 32, s. 15.

Information for search warrant

487. (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place

(a)
anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,
(b)
anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,
(c)
anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or

(c.1) any offence-related property,

may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

(d)
to search the building, receptacle or place for any such thing and to seize it, and
(e)
subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for
the same territorial division in accordance with section 489.1. Endorsement of search warrant
(2)
If the building, receptacle or place is in another territorial division, the justice may issue the warrant with any modifications that the circumstances require, and it may be executed in the other territorial division after it has been endorsed, in Form 28, by a justice who has jurisdiction in that territorial division. The endorsement may be made on the original of the warrant or on a copy of the warrant transmitted by any means of telecommunication.

Operation of computer system and copying equipment

(2.1) A person authorized under this section to search a computer system in a building or place for data may

(a)
use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;
(b)
reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;
(c)
seize the print-out or other output for examination or copying; and
(d)
use or cause to be used any copying equipment at the place to make copies of the data.

Duty of person in possession or control

(2.2) Every person who is in possession or control of any building or place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the person carrying out the search

(a)
to use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this section to search for;
(b)
to obtain a hard copy of the data and to seize it; and
(c)
to use or cause to be used any copying equipment at the place to make copies of the data.
Form
(3)
A search warrant issued under this section may be in the form set out as Form 5 in Part XXVIII, varied to suit the case.
(4)
An endorsement that is made in accordance with subsection (2) is sufficient authority to the peace officers or public officers to whom the warrant was originally directed, and to all peace officers within the jurisdiction of the justice by whom it is endorsed, to execute the warrant and to deal with the things seized in accordance with section 489.1 or as otherwise provided by law.

Effect of endorsement R.S., 1985, c. C-46, s. 487; R.S., 1985, c. 27 (1st Supp.), s. 68; 1994, c. 44, s. 36; 1997, c. 18, s. 41, c. 23, s. 12; 1999, c. 5, s. 16; 2008, c. 18, s. 11.

Previous Version

Information for general warrant

487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property if

(a)
the judge is satisfied by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed and that information concerning the offence will be obtained through the use of the technique, procedure or device or the doing of the thing;
(b)
the judge is satisfied that it is in the best interests of the administration of justice to issue the warrant; and
(c)
there is no other provision in this or any other Act of Parliament that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be done.
Limitation
(2)
Nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person.
Search or seizure to be reasonable
(3)
A warrant issued under subsection (1) shall contain such terms and conditions as the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.
Video surveillance
(4)
A warrant issued under subsection (1) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is

engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.

Other provisions to apply

(5) The definition “offence” in section 183 and sections 183.1, 184.2, 184.3 and 185 to 188.2, subsection 189(5), and sections 190, 193 and 194 to 196 apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) as though references in those provisions to interceptions of private communications were read as references to observations by peace officers by means of television cameras or similar electronic devices of activities in circumstances in which persons had reasonable expectations of privacy.

Notice after covert entry

(5.1) A warrant issued under subsection (1) that authorizes a peace officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (3), that notice of the entry and search be given within any time after the execution of the warrant that the judge considers reasonable in the circumstances.

Extension of period for giving notice

(5.2) Where the judge who issues a warrant under subsection (1) or any other judge having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (5.1) is to be given, is satisfied that the interests of justice warrant the granting of the application, the judge may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

Provisions to apply

(6)
Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).
Telewarrant provisions to apply
(7)
Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

1993, c. 40, s. 15; 1997, c. 18, s. 42, c. 23, s. 13.

Definitions

487.011 The following definitions apply in sections 487.012 to 487.017.
“data”
« données »
“data” has the same meaning as in subsection 342.1(2).
“document”
« document »
“document” means any medium on which is recorded or marked anything that is capable

of being read or understood by a person or a computer system or other device.
2004, c. 3, s. 7.
Production order

487.012 (1) A justice or judge may order a person, other than a person under investigation for an offence referred to in paragraph (3)(a),

(a)
to produce documents, or copies of them certified by affidavit to be true copies, or to produce data; or
(b)
to prepare a document based on documents or data already in existence and produce it.
Production to peace officer
(2)
The order shall require the documents or data to be produced within the time, at the place and in the form specified and given
(a)
to a peace officer named in the order; or
(b)
to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament.
Conditions for issuance of order
(3)
Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to believe that
(a)
an offence against this Act or any other Act of Parliament has been or is suspected to have been committed;
(b)
the documents or data will afford evidence respecting the commission of the offence; and
(c)
the person who is subject to the order has possession or control of the documents or data.
Terms and conditions
(4)
The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client.
Power to revoke, renew or vary order
(5)
The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order.
Application
(6)
Sections 489.1 and 490 apply, with any modifications that the circumstances require, in respect of documents or data produced under this section.
Probative force of copies
(7)
Every copy of a document produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this or any other Act of Parliament and has the same probative force as the original document would have if it had been proved in the ordinary way.
Return of copies
(8)
Copies of documents produced under this section need not be returned.
2004, c. 3, s. 7.
Production order — financial or commercial information


487.013 (1) A justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, unless they are under investigation for an offence referred to in paragraph (4)(a), to produce in writing the account number of a person named in the order or the name of a person whose account number is specified in the order, the status and type of the account, and the date on which it was opened or closed.

Identification of person named in the order

(2)
For the purpose of confirming the identity of the person named in the order or whose account number is specified in the order, the production order may require the financial institution, person or entity to produce that person’s date of birth, current address and any previous addresses.
Production to peace officer
(3)
The order shall require the information to be produced within the time, at the place and in the form specified and given
(a)
to a peace officer named in the order; or
(b)
to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament.
Conditions for issuance of order
(4)
Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to suspect that
(a)
an offence against this Act or any other Act of Parliament has been or will be committed;
(b)
the information will assist in the investigation of the offence; and
(c)
the institution, person or entity that is subject to the order has possession or control of the information.
Terms and conditions
(5)
The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client.
(6)
The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order.

Power to revoke, renew or vary order 2004, c. 3, s. 7.

Power of peace officer

487.014 (1) For greater certainty, no production order is necessary for a peace officer or public officer enforcing or administering this or any other Act of Parliament to ask a person to voluntarily provide to the officer documents, data or information that the person is not prohibited by law from disclosing.

Application of section 25

(2) A person who provides documents, data or information in the circumstances referred to in subsection (1) is deemed to be authorized to do so for the purposes of section 25.

2004, c. 3, s. 7.

Application for exemption

487.015 (1) A person named in an order made under section 487.012 and a financial institution, person or entity named in an order made under section 487.013 may, before the order expires, apply in writing to the judge who issued the order, or a judge of the same territorial division as the judge or justice who issued the order, for an exemption from the requirement to produce any document, data or information referred to in the order.

Notice

(2)
A person, financial institution or entity may only make an application under subsection (1) if they give notice of their intention to do so to the peace officer or public officer named in the order, within 30 days after it is made.
Order suspended
(3)
The execution of a production order is suspended in respect of any document, data or information referred to in the application for exemption until a final decision is made in respect of the application.
(4)
The judge may grant the exemption if satisfied that
(a)
the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law;
(b)
it is unreasonable to require the applicant to produce the document, data or information; or
(c)
the document, data or information is not in the possession or control of the applicant.

Exemption 2004, c. 3, s. 7.

Self-incrimination

487.016 No person is excused from complying with an order made under section 487.012 or 487.013 on the ground that the document, data or information referred to in the order may tend to incriminate them or subject them to any proceeding or penalty, but no document prepared by an individual under paragraph 487.012(1)(b) may be used or received in evidence against that individual in any criminal proceedings subsequently instituted against them, other than a prosecution under section 132, 136 or 137.

2004, c. 3, s. 7.

Offence

487.017 A financial institution, person or entity who does not comply with a production order made under section 487.012 or 487.013 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000 or imprisonment for a term not exceeding six months, or to both.

2004, c. 3, s. 7.

Assistance order

487.02 Where an authorization is given under section 184.2, 184.3, 186 or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2), the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person’s assistance may reasonably be considered to be required to give effect to the authorization, warrant or order.

1993, c. 40, s. 15; 1997, c. 18, s. 43.

Execution in another province

487.03 (1) If a warrant is issued under section 487.01, 487.05 or 492.1 or subsection 492.2(1) in one province, a judge or justice, as the case may be, in another province may, on application, endorse the warrant if it may reasonably be expected that it is to be executed in the other province and that its execution would require entry into or on the property of any person, or would require that an order be made under section 487.02 with respect to any person, in that province.

Endorsement

(1.1) The endorsement may be made on the original of the warrant or on a copy of the warrant that is transmitted by any means of telecommunication and, once endorsed, the warrant has the same force in the other province as though it had originally been issued there.

(2) [Repealed, 2007, c. 22, s. 7]
1993, c. 40, s. 15; 1995, c. 27, s. 1; 2000, c. 10, s. 13; 2007, c. 22, s. 7; 2008, c. 18, s. 12.
Previous Version

Forensic DNA Analysis

Definitions

487.04 In this section and in sections 487.05 to 487.0911,
“adult”
« adulte »
“adult” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act;
“designated offence”
« infraction désignée »
“designated offence” means a primary designated offence or a secondary designated

offence;
“DNA”
« ADN »
“DNA” means deoxyribonucleic acid;
“forensic DNA analysis”
« analyse génétique »
“forensic DNA analysis”

(a)
in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and
(b)
in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or to a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance;

“primary designated offence”

« infraction primaire »

“primary designated offence” means

(a)
an offence under any of the following provisions, namely,
(i)
subsection 7(4.1) (offence in relation to sexual offences against children),

(i.1) section 151 (sexual interference),

(i.2) section 152 (invitation to sexual touching),

(i.3) section 153 (sexual exploitation),

(i.4) section 153.1 (sexual exploitation of person with disability),

(i.5) section 155 (incest),

(i.6) subsection 160(2) (compelling the commission of bestiality),

(i.7) subsection 160(3) (bestiality in presence of or by a child),

(i.8) section 163.1 (child pornography),

(i.9) section 170 (parent or guardian procuring sexual activity),

(i.91) section 172.1 (luring a child by means of a computer system),

(i.92) subsection 173(2) (exposure),

(i.93) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

(i.94) subsection 212(2) (living on the avails of prostitution of a person under age of 18),

(i.95) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under age of 18),

(i.96) subsection 212(4) (obtaining prostitution of person under age of 18),

(ii) section 235 (murder),

(iii) section 236 (manslaughter),

(iv)
section 239 (attempt to commit murder),
(v)
section 244 (discharging firearm with intent),
(vi)
section 244.1 (causing bodily harm with intent — air gun or pistol),

(vi.1) section 244.2 (discharging firearm — recklessness),

(vii) paragraph 245(a) (administering noxious thing with intent to endanger life or cause bodily harm),

(viii) section 246 (overcoming resistance to commission of offence),

(ix)
section 267 (assault with a weapon or causing bodily harm),
(x)
section 268 (aggravated assault),
(xi)
section 269 (unlawfully causing bodily harm),

(xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

(xi.2) section 270.02 (aggravated assault of peace officer),

(xi.3) section 271 (sexual assault),

(xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(xiii) section 273 (aggravated sexual assault),

(xiii.1) subsection 273.3(2) (removal of a child from Canada),

(xiv) section 279 (kidnapping),

(xv) section 344 (robbery), and

(xvi) section 346 (extortion),

(a.1) an offence under any of the following provisions, namely,

(i) section 75 (piratical acts),

(i.01) section 76 (hijacking),

(i.02) section 77 (endangering safety of aircraft or airport),

(i.03) section 78.1 (seizing control of ship or fixed platform),

(i.04) subsection 81(1) (using explosives),

(i.05) section 83.18 (participation in activity of terrorist group),

(i.06) section 83.19 (facilitating terrorist activity),

(i.07) section 83.2 (commission of offence for terrorist group),

(i.08) section 83.21 (instructing to carry out activity for terrorist group),

(i.09) section 83.22 (instructing to carry out terrorist activity),

(i.1) section 83.23 (harbouring or concealing),

(i.11) to (iii.1) [Repealed, 2010, c. 17, s. 3]

(iv) paragraphs 212(1)(a) to (h) (procuring),

(iv.1) to (iv.5) [Repealed, 2010, c. 17, s. 3]

(v) paragraph 212(1)(j) (procuring),

(v.1) and (v.2) [Repealed, 2010, c. 17, s. 3]

(vi) section 233 (infanticide),

(vii) [Repealed, 2010, c. 17, s. 3]

(vii.1) section 279.01 (trafficking in persons),

(vii.11) section 279.011 (trafficking of a person under the age of eighteen years),

(viii) section 279.1 (hostage taking),

(ix)
paragraph 348(1)(d) (breaking and entering a dwelling-house),
(x)
section 423.1 (intimidation of a justice system participant or journalist),
(xi)
section 431 (attack on premises, residence or transport of internationally protected person),

(xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

(xiii) subsection 431.2(2) (explosive or other lethal device),

(xiv) section 467.11 (participation in activities of criminal organization),

(xv) section 467.12 (commission of offence for criminal organization), and

(xvi) section 467.13 (instructing commission of offence for criminal organization),

(xvi.1) to (xx) [Repealed, 2005, c. 25, s. 1]

(b)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,
(i)
section 144 (rape),

(i.1) section 145 (attempt to commit rape),

(ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen),

(iii) section 148 (sexual intercourse with feeble-minded, etc.),

(iv)
section 149 (indecent assault on female),
(v)
section 156 (indecent assault on male),
(vi)
section 157 (acts of gross indecency), and

(vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi),

(c)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
(i)
subsection 146(1) (sexual intercourse with a female under age of 14),
(ii)
subsection 146(2) (sexual intercourse with a female between ages of 14 and 16),

(iii) section 153 (sexual intercourse with step-daughter),

(iv)
section 157 (gross indecency),
(v)
section 166 (parent or guardian procuring defilement), and
(vi)
section 167 (householder permitting defilement),

(c.01) an offence under any of the following provisions of the Criminal Code, chapter C34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

(i)
section 246.1 (sexual assault),
(ii)
section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

(iii) section 246.3 (aggravated sexual assault),

(c.1) an offence under any of the following provisions of the Security of Information Act, namely,

(i)
section 6 (approaching, entering, etc., a prohibited place),
(ii)
subsection 20(1) (threats or violence), and

(iii) subsection 21(1) (harbouring or concealing), and

(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.01); “provincial court judge”

« juge de la cour provinciale »
“provincial court judge”, in relation to a young person, includes a youth justice court
judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act;

“secondary designated offence” « infraction secondaire »

“secondary designated offence” means an offence, other than a primary designated offence, that is

(a) an offence under this Act that may be prosecuted by indictment — or, for section

487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more,

(b)
an offence under any of the following provisions of the Controlled Drugs and Substances Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:
(i)
section 5 (trafficking in substance and possession for purpose of trafficking),
(ii)
section 6 (importing and exporting), and

(iii) section 7 (production of substance),

(c)
an offence under any of the following provisions of this Act:
(i)
section 145 (escape and being at large without excuse),

(i.1) section 146 (permitting or assisting escape),

(i.2) section 147 (rescue or permitting escape),

(i.3) section 148 (assisting prisoner of war to escape),

(i.4) and (ii) [Repealed, 2010, c. 17, s. 3]

(iii) subsection 173(1) (indecent acts),

(iv)
section 252 (failure to stop at scene of accident),
(v)
section 264 (criminal harassment),
(vi)
section 264.1 (uttering threats),

(vii) section 266 (assault),

(viii) section 270 (assaulting a peace officer),

(ix)
paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),
(x)
section 349 (being unlawfully in dwelling-house), and
(xi)
section 423 (intimidation),
(d)
an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990:
(i)
section 433 (arson), and
(ii)
section 434 (setting fire to other substance), and
(e)
an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit
(i)
an offence referred to in paragraph (a) or (b) — which, for section 487.051 to apply, is prosecuted by indictment, or
(ii)
an offence referred to in paragraph (c) or (d);
“Young Offenders Act”
« Loi sur les jeunes contrevenants »
“Young Offenders Act” means chapter Y-1 of the Revised Statutes of Canada, 1985;
“young person”
« adolescent »
“young person” has the meaning assigned by subsection 2(1) of the Youth Criminal






Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be.
1995, c. 27, s. 1; 1998, c. 37, s. 15; 2001, c. 41, s. 17; 2002, c. 1, s. 175; 2005, c. 25, s. 1,

c.
43, ss. 5, 9; 2007, c. 22, ss. 2, 8, 47; 2008, c. 6, ss. 35, 63; 2009, c. 22, s. 16; 2010, c. 3,
s.
6, c. 17, s. 3.
Previous Version
Information for warrant to take bodily substances for forensic DNA analysis


487.05 (1) A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe

(a)
that a designated offence has been committed,
(b)
that a bodily substance has been found or obtained
(i)
at the place where the offence was committed,
(ii)
on or within the body of the victim of the offence,

(iii) on anything worn or carried by the victim at the time when the offence was committed, or

(iv)
on or within the body of any person or thing or at any place associated with the commission of the offence,
(c)
that a person was a party to the offence, and
(d)
that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person

and who is satisfied that it is in the best interests of the administration of justice to do so may issue a warrant in Form 5.02 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

Criteria

(2)
In considering whether to issue the warrant, the provincial court judge shall have regard to all relevant matters, including
(a)
the nature of the designated offence and the circumstances of its commission; and
(b)
whether there is
(i)
a peace officer who is able, by virtue of training or experience, to take samples of bodily substances from the person, by means of the investigative procedures described in subsection 487.06(1), or
(ii)
another person who is able, by virtue of training or experience, to take, under the direction of a peace officer, samples of bodily substances from the person, by means of those investigative procedures.
Telewarrant
(3)
Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

1995, c. 27, s. 1; 1997, c. 18, s. 44; 1998, c. 37, s. 16; 2005, c. 25, s. 2(F).

Previous Version

Order — primary designated offences

487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged.

Order — primary designated offences

(2)
The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (d) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.
Order — persons found not criminally responsible and secondary designated offences
(3)
The court may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of justice to do so, make such an order in Form 5.04 in relation to
(a)
a person who is found not criminally responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or
(b)
a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a secondary designated offence when the person is sentenced or discharged.

In deciding whether to make the order, the court shall consider the person’s criminal record, whether they were previously found not criminally responsible on account of mental disorder for a designated offence, the nature of the offence, the circumstances surrounding its commission and the impact such an order would have on the person’s privacy and security of the person and shall give reasons for its decision.

Order to offender

(4) When the court makes an order authorizing the taking of samples of bodily substances, it may make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.

1998, c. 37, s. 17; 2002, c. 1, s. 176; 2005, c. 25, s. 3; 2007, c. 22, ss. 9, 47.

Previous Version

487.052 [Repealed, 2007, c. 22, s. 3] Previous Version Timing of order

487.053 (1) The court may make an order under section 487.051 authorizing the taking of samples of bodily substances when it imposes a sentence on a person, finds the person not criminally responsible on account of mental disorder or directs that they be discharged under section 730.

Hearing

(2)
If the court does not consider the matter at that time, it
(a)
shall, within 90 days after the day on which it imposes the sentence, makes the finding or directs that the person be discharged, set a date for a hearing to do so;
(b)
retains jurisdiction over the matter; and
(c)
may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

1998, c. 37, s. 17; 2000, c. 10, s. 14; 2005, c. 25, s. 4; 2007, c. 22, s. 3.

Previous Version

Appeal

487.054 The offender or the prosecutor may appeal from a decision of the court under any of subsections 487.051(1) to (3).

1998, c. 37, s. 17; 2007, c. 22, s. 10. Previous Version Offenders serving sentences

487.055 (1) A provincial court judge may, on ex parte application made in Form 5.05, authorize in Form 5.06 the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), from a person who, before June 30, 2000,

(a)
had been declared a dangerous offender under Part XXIV;
(b)
had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988;
(c)
had been convicted of murder;

(c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, is serving a sentence of imprisonment for that offence;

(d)
had been convicted of a sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment for that offence; or
(e)
had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment for that offence.
Certificate
(2)
The application shall be accompanied by a certificate referred to in paragraph 667(1)(a) that establishes that the person is a person referred to in subsection (1). The certificate may be received in evidence without giving the notice referred to in subsection 667(4).
Definition of “sexual offence”
(3)
For the purposes of subsection (1), “sexual offence” means
(a)
an offence under any of the following provisions, namely,
(i)
section 151 (sexual interference),
(ii)
section 152 (invitation to sexual touching),

(iii) section 153 (sexual exploitation),

(iv)
section 155 (incest),
(v)
subsection 212(4) (offence in relation to juvenile prostitution),
(vi)
section 271 (sexual assault),

(vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

(viii) section 273 (aggravated sexual assault);

(a.1) an offence under subsection 348(1) if the indictable offence referred to in that subsection is a sexual offence within the meaning of paragraph (a), (b), (c) or (d);

(b)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,
(i)
section 144 (rape),
(ii)
section 146 (sexual intercourse with female under fourteen or between fourteen and sixteen),

(iii) section 148 (sexual intercourse with feeble-minded, etc.),

(iv)
section 149 (indecent assault on female),
(v)
section 156 (indecent assault on male), or
(vi)
section 157 (acts of gross indecency);
(c)
an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and
(d)
an attempt to commit an offence referred to in any of paragraphs (a) to (c). Manner of appearance

(3.01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

Criteria

(3.1) In deciding whether to grant an authorization under subsection (1), the court shall consider the person’s criminal record, the nature of the offence and the circumstances surrounding its commission and the impact such an authorization would have on the privacy and security of the person and shall give reasons for its decision.

Order

(3.11) If the court authorizes the taking of samples of bodily substances from a person who is on conditional release and who has appeared at the hearing, it shall make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.

Summons

(4)
However, if a person who is on conditional release has not appeared at the hearing, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to them requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples.
Service on individual
(5)
The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age.
(6)
[Repealed, 2008, c. 18, s. 13]
(7)
to (10) [Repealed, 2007, c. 22, s. 11]

1998, c. 37, s. 17; 2000, c. 10, s. 15; 2005, c. 25, s. 5; 2007, c. 22, s. 11; 2008, c. 18, s.

13.

Previous Version

Failure to appear

487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11 ) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

Execution of warrant (2) The warrant may be executed anywhere in Canada by a peace officer who has jurisdiction in that place or over the person. The warrant remains in force until it is executed.

2007, c. 22, s. 12.

Failure to comply with order or summons

487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11 ) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

(a)
an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)
an offence punishable on summary conviction. For greater certainty
(2)
For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

2007, c. 22, s. 12.

When collection to take place

487.056 (1) Samples of bodily substances shall be taken as authorized under section

487.051

(a)
at the place, day and time set out in an order made under subsection 487.051(4) or as soon as feasible afterwards; or
(b)
in any other case, on the day on which the order authorizing the taking of the samples is made or as soon as feasible afterwards.
When collection to take place
(2)
Samples of bodily substances shall be taken as authorized under section 487.055 or

487.091

(a)
at the place, day and time set out in an order made under subsection 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3) or as soon as feasible afterwards; or
(b)
in any other case, as soon as feasible after the authorization is granted. When collection to take place
(3)
If a person fails to appear as required by an order made under subsection 487.051(4) or 487.055(3.11 ) or a summons referred to in subsection 487.055(4) or 487.091(3), samples of bodily substances shall be taken
(a)
when the person is arrested under a warrant issued under subsection 487.0551(1) or as soon as feasible afterwards; or
(b)
as soon as feasible after the person appears at the place set out in the order or summons if no warrant is issued.
Appeal
(4)
Subsections (1) to (3) apply even if the order or authorization to take the samples of bodily substances is appealed.
Collection of samples
(5)
A peace officer who is authorized under section 487.051, 487.055 or 487.091 to take samples of bodily substances may cause the samples to be taken in any place in Canada in which the person who is subject to the order or authorization is located.
Who collects samples
(6)
The samples shall be taken by a peace officer who has jurisdiction over the person or in the place in which the samples are taken — or a person acting under their direction — who is able, by virtue of training or experience, to take them.

1998, c. 37, s. 17; 2000, c. 10, s. 16; 2002, c. 1, s. 179(E); 2005, c. 25, s. 6; 2007, c. 22, s.

13. Previous Version Report of peace officer

487.057 (1) A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the samples are taken, make a written report in Form 5.07 and cause the report to be filed with

(a)
the provincial court judge who issued the warrant under section 487.05 or granted the authorization under section 487.055 or 487.091 or another judge of that provincial court; or
(b)
the court that made the order under section 487.051. Contents of report
(2)
The report shall include
(a)
a statement of the time and date the samples were taken; and
(b)
a description of the bodily substances that were taken. Copy of report
(3)
A peace officer who takes the samples or causes the samples to be taken under their direction at the request of another peace officer shall send a copy of the report to the other peace officer unless that other peace officer had jurisdiction to take the samples.

1998, c. 37, s. 17; 2000, c. 10, s. 17; 2007, c. 22, s. 14. Previous Version No criminal or civil liability

487.058 No peace officer, and no person acting under a peace officer’s direction, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances from a person under a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091.

1998, c. 37, s. 17; 2000, c. 10, s. 18; 2007, c. 22, s. 15.

Previous Version

Investigative procedures

487.06 (1) A peace officer or a person acting under a peace officer’s direction is authorized by a warrant issued under section 487.05, an order made under section

487.051 or an authorization granted under section 487.055 or 487.091 to take samples of bodily substances by any of the following means:

(a)
the plucking of individual hairs from the person, including the root sheath;
(b)
the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or
(c)
the taking of blood by pricking the skin surface with a sterile lancet.
Terms and conditions
(2)
The warrant, order or authorization shall include any terms and conditions that the provincial court judge or court, as the case may be, considers advisable to ensure that the taking of the samples authorized by the warrant, order or authorization is reasonable in the circumstances.
Fingerprints
(3)
A peace officer who is authorized to take samples of bodily substances from a person by an order made under section 487.051 or an authorization granted under section

487.055 or 487.091, or a person acting under their direction, may take fingerprints from
the person for the purpose of the DNA Identification Act.
1995, c. 27, s. 1; 1998, c. 37, s. 18; 2000, c. 10, s. 19; 2007, c. 22, s. 16.

Previous Version Duty to inform

487.07 (1) Before taking samples of bodily substances from a person, or causing samples to be taken under their direction, in execution of a warrant issued under section 487.05 or an order made under section 487.051 or under an authorization granted under section

487.055 or 487.091, a peace officer shall inform the person of

(a)
the contents of the warrant, order or authorization;
(b)
the nature of the investigative procedures by means of which the samples are to be taken;
(c)
the purpose of taking the samples;
(d)
the authority of the peace officer and any other person under the direction of the peace officer to use as much force as is necessary for the purpose of taking the samples; and

(d.1) [Repealed, 2000, c. 10, s. 20]

(e)
in the case of samples of bodily substances taken in execution of a warrant,
(i)
the possibility that the results of forensic DNA analysis may be used in evidence, and
(ii)
if the sample is taken from a young person, the rights of the young person under subsection (4).
Detention of person
(2)
A person from whom samples of bodily substances are to be taken may
(a)
be detained for that purpose for a period that is reasonable in the circumstances; and
(b)
be required to accompany a peace officer for that purpose. Respect of privacy
(3)
A peace officer who takes samples of bodily substances from a person, or a person who takes such samples under the direction of a peace officer, shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances.
Execution of warrant against young person
(4)
A young person against whom a warrant is executed has, in addition to any other rights arising from his or her detention under the warrant,
(a)
the right to a reasonable opportunity to consult with, and
(b)
the right to have the warrant executed in the presence of
counsel and a parent or, in the absence of a parent, an adult relative or, in the absence of a
parent and an adult relative, any other appropriate adult chosen by the young person.
Waiver of rights of young person



(5)
A young person may waive his or her rights under subsection (4) but any such waiver
(a)
must be recorded on audio tape or video tape or otherwise; or
(b)
must be made in writing and contain a statement signed by the young person that he
or she has been informed of the right being waived.
1995, c. 27, ss. 1, 3; 1998, c. 37, s. 19; 2000, c. 10, s. 20; 2007, c. 22, s. 17.


Previous Version Verification

487.071 (1) Before taking samples of bodily substances from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, a peace officer, or a person acting under their direction, shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains the person’s DNA profile.

DNA profile in data bank

(2)
If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall
(a)
confirm in writing on the order or authorization that he or she has been advised that the person’s DNA profile is in the DNA data bank; and
(b)
transmit a copy of the order or authorization containing that confirmation and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner of the Royal Canadian Mounted Police.
DNA profile not in data bank
(3)
If the person’s DNA profile is not in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall execute the order or authorization and transmit to the Commissioner of the Royal Canadian Mounted Police
(a)
any bodily substances taken; and
(b)
a copy of the order or authorization and any other information prescribed by regulations made under the DNA Identification Act.

1998, c. 37, s. 20; 2000, c. 10, s. 21; 2005, c. 25, s. 8; 2007, c. 22, s. 18.

Previous Version

Use of bodily substances — warrant

487.08 (1) No person shall use bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except to use them for the purpose of forensic DNA analysis in the course of an investigation of a designated offence.

Use of bodily substances — order, authorization

(1.1) No person shall use bodily substances that are taken in execution of an order made under section 487.051 of this Act or section 196.14 of the National Defence Act, or under an authorization granted under section 487.055 or 487.091 of this Act or section 196.24 of the National Defence Act, except to transmit them to the Commissioner of the Royal Canadian Mounted Police for the purpose of forensic DNA analysis in accordance with the DNA Identification Act.

Use of results — warrant

(2)
No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except
(a)
in the course of an investigation of the designated offence or any other designated offence in respect of which a warrant was issued or a bodily substance was found in the circumstances described in paragraph 487.05(1)(b) or in paragraph 196.12(1)(b) of the National Defence Act; or
(b)
in any proceeding for such an offence.

(2.1) [Repealed, 2005, c. 25, s. 9] Offence

(3)
Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
Offence
(4)
Every person who contravenes subsection (1.1)
(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 and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both. 1995, c. 27, s. 1; 1998, c. 37, s. 21; 2000, c. 10, s. 22; 2005, c. 25, s. 9; 2007, c. 22, s. 19.

Previous Version Destruction of bodily substances, etc. — warrant

487.09 (1) Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 487.05 and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after

(a)
the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person;
(b)
the person is finally acquitted of the designated offence and any other offence in respect of the same transaction; or
(c)
the expiration of one year after
(i)
the person is discharged after a preliminary inquiry into the designated offence or any other offence in respect of the same transaction,
(ii)
the dismissal, for any reason other than acquittal, or the withdrawal of any information charging the person with the designated offence or any other offence in respect of the same transaction, or

(iii) any proceeding against the person for the offence or any other offence in respect of the same transaction is stayed under section 579 or under that section as applied by section 572 or 795,

unless during that year a new information is laid or an indictment is preferred charging the person with the designated offence or any other offence in respect of the same transaction or the proceeding is recommenced.

Exception

(2)
A provincial court judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.
Destruction of bodily substances, etc., voluntarily given
(3)
Bodily substances that are provided voluntarily by a person and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person.

1995, c. 27, s. 1; 1998, c. 37, s. 22.

Collection of additional bodily substances

487.091 (1) A provincial court judge may, on ex parte application made in Form 5.08, authorize in Form 5.09 the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if

(a)
a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 487.051 or an authorization granted under section 487.055; or
(b)
the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost.
Reasons
(2)
The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the information or bodily substances were not transmitted in accordance with the regulations or were lost.
Persons not in custody
(3)
If the court authorizes the taking of samples of bodily substances from a person who is not in custody, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to the person requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples. Subsections 487.055(5) and (6) apply, with any modifications that the circumstances require.

1998, c. 37, s. 23; 2000, c. 10, s. 23; 2005, c. 25, s. 10; 2007, c. 22, s. 20.

Previous Version

Review by Attorney General

487.0911 (1) On receipt of a notice from the Commissioner of the Royal Canadian Mounted Police under subsection 5.2(1) of the DNA Identification Act that an order made under section 487.051 or an authorization granted under section 487.091 appears to be defective, the Attorney General shall review the order or authorization and the court record.

Clerical error

(2)
If the Attorney General is of the opinion that the defect is due to a clerical error, the Attorney General shall
(a)
apply, ex parte, to the judge who made the order or authorization, or to a judge of the same court, to have it corrected; and
(b)
transmit a copy of the corrected order or authorization, if any, to the Commissioner.
Substantive defect
(3)
If the Attorney General is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Attorney General shall inform the Commissioner of that opinion.
No defect
(4)
If the Attorney General is of the opinion that the offence referred to in the order or authorization is a designated offence, the Attorney General shall transmit that opinion, with written reasons, to the Commissioner.

2005, c. 25, s. 11; 2007, c. 22, s. 21.

Information for impression warrant

487.092 (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied

(a)
by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and
(b)
that it is in the best interests of the administration of justice to issue the warrant.
Search or seizure to be reasonable
(2)
A warrant issued under subsection (1) shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.
Provisions to apply
(3)
Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).
Telewarrant
(4)
Where a peace officer believes that it would be impracticable to appear personally before a justice to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

1997, c. 18, s. 45; 1998, c. 37, s. 23.

Other Provisions respecting Search Warrants

Telewarrants 487.1 (1) Where a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make application for a warrant in accordance with section 256 or 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.

Information submitted by telephone

(2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents.

Information submitted by other means of telecommunication

(2.1) The justice who receives an information submitted by a means of telecommunication that produces a writing shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice as to time and date of receipt.

Administration of oath

(3) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

Alternative to oath

(3.1) A peace officer who uses a means of telecommunication referred to in subsection

(2.1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and such a statement is deemed to be a statement made under oath.

Contents of information

(4)
An information submitted by telephone or other means of telecommunication shall include
(a)
a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;
(b)
a statement of the indictable offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;
(c)
a statement of the peace officer’s grounds for believing that items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and
(d)
a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.
Issuing warrant
(5)
A justice referred to in subsection (1) who is satisfied that an information submitted by telephone or other means of telecommunication
(a)
is in respect of an indictable offence and conforms to the requirements of subsection (4),
(b)
discloses reasonable grounds for dispensing with an information presented personally and in writing, and
(c)
discloses reasonable grounds, in accordance with subsection 256(1) or paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence,

may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom the peace officer appears personally pursuant to subsection 256(1) or 487(1), as the case may be, and may require that the warrant be executed within such time period as the justice may order.

Formalities respecting warrant and facsimiles

(6)
Where a justice issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,
(a)
the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;
(b)
the peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.1, noting on its face the name of the issuing justice and the time, date and place of issuance; and
(c)
the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

Issuance of warrant where telecommunication produces writing (6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing,

(a)
the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;
(b)
the justice shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b);
(c)
the peace officer shall procure another facsimile of the warrant; and
(d)
the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.
Providing facsimile
(7)
A peace officer who executes a warrant issued by telephone or other means of telecommunication, other than a warrant issued pursuant to subsection 256(1), shall, before entering the place or premises to be searched or as soon as practicable thereafter, give a facsimile of the warrant to any person present and ostensibly in control of the place or premises.
Affixing facsimile
(8)
A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication, other than a warrant issued pursuant to subsection 256(1), shall, on entering the place or premises or as soon as practicable thereafter, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
Report of peace officer
(9)
A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report shall include
(a)
a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;
(b)
a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and
(c)
a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer’s grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.
Bringing before justice
(10)
The clerk of the court shall, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized pursuant to a warrant issued, on an information presented personally by a peace officer, by that justice or another justice for the same territorial division.
Proof of authorization
(11)
In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.
Duplicates and facsimiles acceptable
(12)
A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).

R.S., 1985, c. 27 (1st Supp.), s. 69; 1992, c. 1, ss. 58, 59(E), 60(F); 1994, c. 44, s. 37.

Where warrant not necessary

487.11 A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

1997, c. 18, s. 46.

Restriction on publication

487.2 If a search warrant is issued under section 487 or 487.1 or a search is made under such a warrant, every one who publishes in any document, or broadcasts or transmits in any way, any information with respect to

(a)
the location of the place searched or to be searched, or
(b)
the identity of any person who is or appears to occupy or be in possession or control of that place or who is suspected of being involved in any offence in relation to which the warrant was issued,

without the consent of every person referred to in paragraph (b) is, unless a charge has been laid in respect of any offence in relation to which the warrant was issued, guilty of an offence punishable on summary conviction.

R.S., 1985, c. 27 (1st Supp.), s. 69; 2005, c. 32, s. 16.

Previous Version

Order denying access to information used to obtain a warrant or production order

487.3 (1) A judge or justice may, on application made at the time of issuing a warrant under this or any other Act of Parliament or a production order under section 487.012 or 487.013, or of granting an authorization to enter a dwelling-house under section 529 or an authorization under section 529.4 or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant, production order or authorization on the ground that

(a)
the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and
(b)
the ground referred to in paragraph (a) outweighs in importance the access to the information.
Reasons
(2)
For the purposes of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure
(a)
if disclosure of the information would
(i)
compromise the identity of a confidential informant,
(ii)
compromise the nature and extent of an ongoing investigation,

(iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or

(iv)
prejudice the interests of an innocent person; and
(b)
for any other sufficient reason.
Procedure
(3)
Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the justice or judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice or judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice or judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).
Application for variance of order
(4)
An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held.

1997, c. 23, s. 14, c. 39, s. 1; 2004, c. 3, s. 8.

Previous Version

Execution of search warrant

488. A warrant issued under section 487 or 487.1 shall be executed by day, unless

(a)
the justice is satisfied that there are reasonable grounds for it to be executed by night;
(b)
the reasonable grounds are included in the information; and
(c)
the warrant authorizes that it be executed by night.
R.S., 1985, c. C-46, s. 488; R.S., 1985, c. 27 (1st Supp.), s. 70; 1997, c. 18, s. 47.
Definitions


488.1 (1) In this section,
“custodian”
« gardien »

“custodian” means a person in whose custody a package is placed pursuant to subsection

(2);

“document”

« document »

“document”, for the purposes of this section, has the same meaning as in section 321;

“judge”

« juge »
“judge” means a judge of a superior court of criminal jurisdiction of the province where
the seizure was made;

“lawyer”

« avocat »

“lawyer” means, in the Province of Quebec, an advocate, lawyer or notary and, in any

other province, a barrister or solicitor;
“officer”
« fonctionnaire »
“officer” means a peace officer or public officer.
Examination or seizure of certain documents where privilege claimed

(2)
Where an officer acting under the authority of this or any other Act of Parliament is about to examine, copy or seize a document in the possession of a lawyer who claims that a named client of his has a solicitor-client privilege in respect of that document, the officer shall, without examining or making copies of the document,
(a)
seize the document and place it in a package and suitably seal and identify the package; and
(b)
place the package in the custody of the sheriff of the district or county in which the seizure was made or, if there is agreement in writing that a specified person act as custodian, in the custody of that person.
Application to judge
(3)
Where a document has been seized and placed in custody under subsection (2), the Attorney General or the client or the lawyer on behalf of the client, may
(a)
within fourteen days from the day the document was so placed in custody, apply, on two days notice of motion to all other persons entitled to make application, to a judge for an order
(i)
appointing a place and a day, not later than twenty-one days after the date of the order, for the determination of the question whether the document should be disclosed, and
(ii)
requiring the custodian to produce the document to the judge at that time and place;
(b)
serve a copy of the order on all other persons entitled to make application and on the custodian within six days of the date on which it was made; and
(c)
if he has proceeded as authorized by paragraph (b), apply, at the appointed time and place, for an order determining the question.
Disposition of application
(4)
On an application under paragraph (3)(c), the judge
(a)
may, if the judge considers it necessary to determine the question whether the document should be disclosed, inspect the document;
(b)
where the judge is of the opinion that it would materially assist him in deciding whether or not the document is privileged, may allow the Attorney General to inspect the document;
(c)
shall allow the Attorney General and the person who objects to the disclosure of the document to make representations; and
(d)
shall determine the question summarily and,
(i)
if the judge is of the opinion that the document should not be disclosed, ensure that it is repackaged and resealed and order the custodian to deliver the document to the lawyer who claimed the solicitor-client privilege or to the client, or
(ii)
if the judge is of the opinion that the document should be disclosed, order the custodian to deliver the document to the officer who seized the document or some other person designated by the Attorney General, subject to such restrictions or conditions as the judge deems appropriate,

and shall, at the same time, deliver concise reasons for the determination in which the nature of the document is described without divulging the details thereof.

Privilege continues

(5)
Where the judge determines pursuant to paragraph (4)(d) that a solicitor-client privilege exists in respect of a document, whether or not the judge has, pursuant to paragraph (4)(b), allowed the Attorney General to inspect the document, the document remains privileged and inadmissible as evidence unless the client consents to its admission in evidence or the privilege is otherwise lost.
Order to custodian to deliver
(6)
Where a document has been seized and placed in custody under subsection (2) and a judge, on the application of the Attorney General, is satisfied that no application has been made under paragraph (3)(a) or that following such an application no further application has been made under paragraph (3)(c), the judge shall order the custodian to deliver the document to the officer who seized the document or to some other person designated by the Attorney General.
Application to another judge
(7)
Where the judge to whom an application has been made under paragraph (3)(c) cannot act or continue to act under this section for any reason, subsequent applications under that paragraph may be made to another judge.
Prohibition
(8)
No officer shall examine, make copies of or seize any document without affording a reasonable opportunity for a claim of solicitor-client privilege to be made under subsection (2).
Authority to make copies
(9)
At any time while a document is in the custody of a custodian under this section, a judge may, on an ex parte application of a person claiming a solicitor-client privilege under this section, authorize that person to examine the document or make a copy of it in the presence of the custodian or the judge, but any such authorization shall contain provisions to ensure that the document is repackaged and that the package is resealed without alteration or damage.
(10)
An application under paragraph (3)(c) shall be heard in private.
(11)
This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Hearing in private

Exception R.S., 1985, c. 27 (1st Supp.), s. 71; 2000, c. 17, s. 89; 2001, c. 41, s. 80.

Seizure of things not specified

489. (1) Every person who executes a warrant may seize, in addition to the things mentioned in the warrant, any thing that the person believes on reasonable grounds

(a)
has been obtained by the commission of an offence against this or any other Act of Parliament;
(b)
has been used in the commission of an offence against this or any other Act of Parliament; or
(c)
will afford evidence in respect of an offence against this or any other Act of Parliament.
Seizure without warrant
(2)
Every peace officer, and every public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, who is lawfully present in a place pursuant to a warrant or otherwise in the execution of duties may, without a warrant, seize any thing that the officer believes on reasonable grounds
(a)
has been obtained by the commission of an offence against this or any other Act of Parliament;
(b)
has been used in the commission of an offence against this or any other Act of Parliament; or
(c)
will afford evidence in respect of an offence against this or any other Act of Parliament.

R.S., 1985, c. C-46, s. 489; R.S., 1985, c. 27 (1st Supp.), s. 72, c. 42 (4th Supp.), s. 3; 1993, c. 40, s. 16; 1997, c. 18, s. 48.

Restitution of property or report by peace officer

489.1 (1) Subject to this or any other Act of Parliament, where a peace officer has seized anything under a warrant issued under this Act or under section 487.11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable,

(a)
where the peace officer is satisfied,
(i)
that there is no dispute as to who is lawfully entitled to possession of the thing seized, and
(ii)
that the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding,
return the thing seized, on being issued a receipt therefor, to the person lawfully entitled to its possession and report to the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, a justice having jurisdiction in respect of the matter, that he has done so; or
(b)
where the peace officer is not satisfied as described in subparagraphs (a)(i) and (ii),
(i)
bring the thing seized before the justice referred to in paragraph (a), or
(ii)
report to the justice that he has seized the thing and is detaining it or causing it to be detained

to be dealt with by the justice in accordance with subsection 490(1).

Restitution of property or report by peace officer

(2)
Subject to this or any other Act of Parliament, where a person, other than a peace officer, has seized anything under a warrant issued under this Act or under section 487.11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable,
(a)
bring the thing seized before the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, before a justice having jurisdiction in respect of the matter, or
(b)
report to the justice referred to in paragraph (a) that he has seized the thing and is detaining it or causing it to be detained,

to be dealt with by the justice in accordance with subsection 490(1).

Form

(3) A report to a justice under this section shall be in the form set out as Form 5.2 in Part XXVIII, varied to suit the case and shall include, in the case of a report in respect of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9).

R.S., 1985, c. 27 (1st Supp.), s. 72; 1993, c. 40, s. 17; 1997, c. 18, s. 49.

Detention of things seized

490. (1) Subject to this or any other Act of Parliament, where, pursuant to paragraph 489.1(1)(b) or subsection 489.1(2), anything that has been seized is brought before a justice or a report in respect of anything seized is made to a justice, the justice shall,

(a)
where the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the detention of the thing seized is required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or
(b)
where the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the thing seized should be detained for a reason set out in paragraph (a), detain the thing seized or order that it be detained, taking reasonable care to ensure that it is preserved until the conclusion of any investigation or until it is required to be produced for the purposes of a preliminary inquiry, trial or other proceeding.
Further detention
(2)
Nothing shall be detained under the authority of paragraph (1)(b) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless
(a)
a justice, on the making of a summary application to him after three clear days notice thereof to the person from whom the thing detained was seized, is satisfied that, having regard to the nature of the investigation, its further detention for a specified period is warranted and the justice so orders; or
(b)
proceedings are instituted in which the thing detained may be required.
Idem
(3)
More than one order for further detention may be made under paragraph (2)(a) but the cumulative period of detention shall not exceed one year from the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless
(a)
a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, on the making of a summary application to him after three clear days notice thereof to the person from whom the thing detained was seized, is satisfied, having regard to the complex nature of the investigation, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the judge considers just, and the judge so orders; or
(b)
proceedings are instituted in which the thing detained may be required.

Detention without application where consent

(3.1) A thing may be detained under paragraph (1)(b) for any period, whether or not an application for an order under subsection (2) or (3) is made, if the lawful owner or person who is lawfully entitled to possession of the thing seized consents in writing to its detention for that period.

When accused ordered to stand trial

(4)
When an accused has been ordered to stand trial, the justice shall forward anything detained pursuant to subsections (1) to (3) to the clerk of the court to which the accused has been ordered to stand trial to be detained by the clerk of the court and disposed of as the court directs.
Where continued detention no longer required
(5)
Where at any time before the expiration of the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized, the prosecutor, or the peace officer or other person having custody of the thing seized, determines that the continued detention of the thing seized is no longer required for any purpose mentioned in subsection (1) or (4), the prosecutor, peace officer or other person shall apply to
(a)
a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered its detention under subsection (3), or
(b)
a justice, in any other case,

who shall, after affording the person from whom the thing was seized or the person who claims to be the lawful owner thereof or person entitled to its possession, if known, an opportunity to establish that he is lawfully entitled to the possession thereof, make an order in respect of the property under subsection (9).

Idem

(6)
Where the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required, the prosecutor, peace officer or other person shall apply to a judge or justice referred to in paragraph (5)(a) or (b) in the circumstances set out in that paragraph, for an order in respect of the property under subsection (9) or (9.1).
(7)
A person from whom anything has been seized may, after the expiration of the periods of detention provided for or ordered under subsections (1) to (3) and on three clear days notice to the Attorney General, apply summarily to
(a)
a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered the detention of the thing seized under subsection (3), or
(b)
a justice, in any other case,

Application for order of return for an order under paragraph (9)(c) that the thing seized be returned to the applicant.

Exception

(8)
A judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered the detention of the thing seized under subsection (3), or a justice, in any other case, may allow an application to be made under subsection (7) prior to the expiration of the periods referred to therein where he is satisfied that hardship will result unless the application is so allowed.
Disposal of things seized
(9)
Subject to this or any other Act of Parliament, if
(a)
a judge referred to in subsection (7), where a judge ordered the detention of anything seized under subsection (3), or
(b)
a justice, in any other case,
is satisfied that the periods of detention provided for or ordered under subsections (1) to
(3)
in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required or, where those periods have not expired, that the continued detention of the thing seized will not be required for any purpose mentioned in subsection (1) or (4), he shall
(c)
if possession of it by the person from whom it was seized is lawful, order it to be returned to that person, or
(d)
if possession of it by the person from whom it was seized is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, order it to be returned to the lawful owner or to the person who is lawfully entitled to its possession,

and may, if possession of it by the person from whom it was seized is unlawful, or if it was seized when it was not in the possession of any person, and the lawful owner or person who is lawfully entitled to its possession is not known, order it to be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

Exception

(9.1) Notwithstanding subsection (9), a judge or justice referred to in paragraph (9)(a) or

(b)
may, if the periods of detention provided for or ordered under subsections (1) to (3) in respect of a thing seized have expired but proceedings have not been instituted in which the thing may be required, order that the thing continue to be detained for such period as the judge or justice considers necessary if the judge or justice is satisfied
(a)
that the continued detention of the thing might reasonably be required for a purpose mentioned in subsection (1) or (4); and
(b)
that it is in the interests of justice to do so.
Application by lawful owner
(10)
Subject to this or any other Act of Parliament, a person, other than a person who may make an application under subsection (7), who claims to be the lawful owner or person lawfully entitled to possession of anything seized and brought before or reported to a justice under section 489.1 may, at any time, on three clear days notice to the Attorney General and the person from whom the thing was seized, apply summarily to
(a)
a judge referred to in subsection (7), where a judge ordered the detention of the thing seized under subsection (3), or
(b)
a justice, in any other case,

for an order that the thing detained be returned to the applicant.

Order

(11)
Subject to this or any other Act of Parliament, on an application under subsection (10), where a judge or justice is satisfied that
(a)
the applicant is the lawful owner or lawfully entitled to possession of the thing seized, and
(b)
the periods of detention provided for or ordered under subsections (1) to (3) in respect of the thing seized have expired and proceedings have not been instituted in which the thing detained may be required or, where such periods have not expired, that the continued detention of the thing seized will not be required for any purpose mentioned in subsection (1) or (4),
(c)
the thing seized be returned to the applicant, or
(d)
except as otherwise provided by law, where, pursuant to subsection (9), the thing seized was forfeited, sold or otherwise dealt with in such a manner that it cannot be returned to the applicant, the applicant be paid the proceeds of sale or the value of the thing seized.
Detention pending appeal, etc.
(12)
Notwithstanding anything in this section, nothing shall be returned, forfeited or disposed of under this section pending any application made, or appeal taken, thereunder in respect of the thing or proceeding in which the right of seizure thereof is questioned or within thirty days after an order in respect of the thing is made under this section.
Copies of documents returned
(13)
The Attorney General, the prosecutor or the peace officer or other person having custody of a document seized may, before bringing it before a justice or complying with an order that the document be returned, forfeited or otherwise dealt with under subsection (1), (9) or (11), make or cause to be made, and may retain, a copy of the document.
Probative force
(14)
Every copy made under subsection (13) that is certified as a true copy by the Attorney General, the person who made the copy or the person in whose presence the copy was made is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.
Access to anything seized
(15)
Where anything is detained pursuant to subsections (1) to (3.1), a judge of a superior court of criminal jurisdiction, a judge as defined in section 552 or a provincial court judge may, on summary application on behalf of a person who has an interest in what is detained, after three clear days notice to the Attorney General, order that the person by or on whose behalf the application is made be permitted to examine anything so detained.
Conditions
(16)
An order that is made under subsection (15) shall be made on such terms as appear to the judge to be necessary or desirable to ensure that anything in respect of which the order is made is safeguarded and preserved for any purpose for which it may subsequently be required.
Appeal
(17)
A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or
(11)
may appeal from the order
(a)
to the court of appeal as defined in section 673 if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 apply with any modifications that the circumstances require; or
(b)
to the appeal court as defined in section 812 in any other case, in which case sections 813 to 828 apply with any modifications that the circumstances require.
Waiver of notice
(18)
Any person to whom three days notice must be given under paragraph (2)(a) or (3)(a) or subsection (7), (10) or (15) may agree that the application for which the notice is given be made before the expiration of the three days.

the judge or justice shall order that

R.S., 1985, c. C-46, s. 490; R.S., 1985, c. 27 (1st Supp.), s. 73; 1994, c. 44, s. 38; 1997, c. 18, s. 50; 2008, c. 18, s. 14.

Previous Version

Perishable things

490.01 Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing

(a)
may return it to its lawful owner or the person who is lawfully entitled to possession of it; or
(b)
where, on ex parte application to a justice, the justice so authorizes, may
(i)
dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or
(ii)
destroy it.
1997, c. 18, s. 51; 1999, c. 5, s. 17.

Sex Offender Information Interpretation

Definitions

490.011 (1) The following definitions apply in this section and in sections 490.012 to

490.032.

“crime of a sexual nature”

« crimes de nature sexuelle »

“crime of a sexual nature” means a crime referred to in subsection 3(2) of the Sex
Offender Information Registration Act.
“database”
« banque de données »
“database” has the same meaning as in subsection 3(1) of the Sex Offender Information

Registration Act.
“designated offence”
« infraction désignée »
“designated offence” means

(a)
an offence under any of the following provisions:
(i)
subsection 7(4.1) (offence in relation to sexual offences against children),
(ii)
section 151 (sexual interference),

(iii) section 152 (invitation to sexual touching),

(iv)
section 153 (sexual exploitation),
(v)
section 153.1 (sexual exploitation of person with disability),
(vi)
section 155 (incest),

(vi.1) subsection 160(2) (compelling the commission of bestiality),

(vii) subsection 160(3) (bestiality in presence of or by a child),

(viii) section 163.1 (child pornography),

(ix)
section 170 (parent or guardian procuring sexual activity),
(x)
section 172.1 (luring a child by means of a computer system),
(xi)
subsection 173(2) (exposure),

(xii) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

(xiii) subsection 212(2) (living on the avails of prostitution of a person under age of eighteen),

(xiv) subsection 212(2.1) (aggravated offence — living on the avails of prostitution of a person under age of eighteen),

(xv) subsection 212(4) (obtaining prostitution of person under age of eighteen),

(xvi) section 271 (sexual assault),

(xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

(xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),

(xix) paragraph 273(2)(b) (aggravated sexual assault), and

(xx)
subsection 273.3(2) (removal of a child from Canada);
(b)
an offence under any of the following provisions:
(i)
section 162 (voyeurism),

(i.1) subsection 173(1) (indecent acts),

(ii) section 177 (trespassing at night),

(iii) section 230 (murder in commission of offences),

(iii.1) section 231 (murder),

(iv)
section 234 (manslaughter),
(v)
paragraph 246(b) (overcoming resistance to commission of offence),
(vi)
section 264 (criminal harassment),

(vii) section 279 (kidnapping),

(vii.1) section 279.01 (trafficking in persons),

(vii.11) section 279.011 (trafficking of a person under the age of eighteen years),

(viii) section 280 (abduction of a person under age of sixteen),

(ix)
section 281 (abduction of a person under age of fourteen),
(x)
paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),
(xi)
paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),

(xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and

(xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence);

(c)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:
(i)
section 144 (rape),
(ii)
section 145 (attempt to commit rape),

(iii) section 149 (indecent assault on female),

(iv)
section 156 (indecent assault on male), and
(v)
subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);

(c.1) an offence under any of the following provisions of the Criminal Code, chapter C34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

(i)
section 246.1 (sexual assault),
(ii)
section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

(iii) section 246.3 (aggravated sexual assault);

(d)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
(i)
subsection 146(1) (sexual intercourse with a female under age of fourteen),
(ii)
subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),

(iii) section 153 (sexual intercourse with step-daughter),

(iv)
section 157 (gross indecency),
(v)
section 166 (parent or guardian procuring defilement), and
(vi)
section 167 (householder permitting defilement);
(e)
an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1) and (d); or
(f)
an attempt or conspiracy to commit an offence referred to in paragraph (b).
“Ontario Act”
« loi ontarienne »
“Ontario Act” means Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.
“pardon”
« réhabilitation »
“pardon” means a pardon granted by any authority under law, other than a free pardon






granted under Her Majesty’s royal prerogative of mercy or under section 748, that has not
ceased to have effect or been revoked.
“registration centre”

« bureau d’inscription »
“registration centre” has the same meaning as in subsection 3(1) of the Sex Offender
Information Registration Act.

“Review Board” « commission d’examen »

“Review Board” means the Review Board established or designated for a province under subsection 672.38(1).

“verdict of not criminally responsible on account of mental disorder”

« verdict de non-responsabilité »

“verdict of not criminally responsible on account of mental disorder” means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be.

Interpretation

(2)
For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person
(a)
within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or
(b)
within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.

2004, c. 10, s. 20; 2005, c. 43, s. 6; 2007, c. 5, s. 11; 2008, c. 6, s. 36; 2010, c. 3, s. 7, c. 17, s. 4.

Previous Version

Order to Comply with the Sex Offender Information Registration Act

Order

490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

Order — if intent established

(2)
When a court imposes a sentence on a person for an offence referred to in paragraph
(b)
or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply

with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.

Order — if previous offence established

(3)
When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that
(a)
the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;
(b)
the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and
(c)
no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.
Failure to make order
(4)
If the court does not consider the matter under subsection (1) or (3) at that time, the court
(a)
shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;
(b)
retains jurisdiction over the matter; and
(c)
may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

2004, c. 10, s. 20; 2007, c. 5, s. 13; 2010, c. 17, s. 5.

Previous Version

Date order begins

490.013 (1) An order made under section 490.012 begins on the day on which it is made.

Duration of order

(2)
An order made under subsection 490.012(1) or (2)
(a)
ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b)
ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(c)
applies for life if the maximum term of imprisonment for the offence is life. Duration of order

(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1).

Duration of order

(3)
An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.
Duration of order
(4)
An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.
Duration of order
(5)
An order made under subsection 490.012(3) applies for life.
2004, c. 10, s. 20; 2007, c. 5, s. 14; 2010, c. 17, s. 6.
Previous Version
Appeal



490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection.

2004, c. 10, s. 20; 2010, c. 17, s. 7.

Previous Version

Application for termination order

490.015 (1) A person who is subject to an order may apply for a termination order

(a)
if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);
(b)
if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or
(c)
if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5).
Multiple orders
(2)
A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.
Pardon
(3)
Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
Scope of application
(4)
The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.
Re-application
(5)
A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to

them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.

Jurisdiction

(6)
The application shall be made to
(a)
a superior court of criminal jurisdiction if
(i)
one or more of the orders to which it relates were made by such a court under section 490.012, or
(ii)
one or more of the orders to which it relates were made under section 227.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.03(6) of that Act; or
(b)
a court of criminal jurisdiction, in any other case in which the application relates to
one or more orders made under section 490.012.
2004, c. 10, s. 20; 2007, c. 5, s. 15; 2010, c. 17, s. 8.


Previous Version Termination order

490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

Reasons for decision

(2)
The court shall give reasons for its decision. Requirements relating to notice
(3)
If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

2004, c. 10, s. 20; 2007, c. 5, s. 16; 2010, c. 17, s. 9.

Previous Version Appeal

490.017 (1) The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection.

Requirements relating to notice

(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

2004, c. 10, s. 20; 2007, c. 5, s. 17; 2010, c. 17, s. 10.

Previous Version

Requirements relating to notice

490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause

(a)
the order to be read by or to the person who is subject to it;
(b)
a copy of the order to be given to that person;
(c)
that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and
(d)
a copy of the order to be sent to
(i)
the Review Board that is responsible for making a disposition with respect to that person, if applicable,
(ii)
the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable,

(iii) the police service whose member charged that person with the offence in connection with which the order is made, and

(iv)
the Commissioner of the Royal Canadian Mounted Police.
Endorsement
(2)
After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.
Notice on disposition by Review Board
(3)
A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs
(a)
under paragraph 672.54(a), that the person be discharged absolutely; or
(b)
under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
Notice before release
(4)
The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.

2004, c. 10, s. 20; 2007, c. 5, s. 18; 2010, c. 17, s. 11.

Previous Version

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004

Obligation to comply

490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section

490.022 unless a court makes an exemption order under subsection 490.023(2).
2004, c. 10, s. 20.
Persons who may be served

490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and (a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part

XX.1 from, the offence; or

(b)
in any other case,
(i)
their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and
(ii)
they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario.
Exception
(2)
A notice shall not be served on a person
(a)
if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;
(b)
if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or
(c)
who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

2004, c. 10, s. 20; 2007, c. 5, s. 20.

Previous Version

Period for and method of service

490.021 (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force.

Exception

(2)
If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or of any conditions set under this Act or under Part III of the National Defence Act, that relate to residence, the notice may be served by registered mail at their last known address.
Exception
(3)
If a person referred to in paragraph 490.02(1)(b) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address.
Exception
(4)
If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.
Proof of service
(5)
An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that
(a)
the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;
(b)
the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and
(c)
the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.
Requirements relating to notice
(6)
The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

2004, c. 10, s. 20; 2007, c. 5, s. 21.

Previous Version

Date obligation begins

490.022 (1) The obligation under section 490.019 begins

(a)
either one year after the day on which the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or
(b)
when an exemption order is quashed.
Date obligation ends
(2)
The obligation ends on the earliest of
(a)
the day on which an exemption order is made on an appeal from a decision made under subsection 490.023(2),
(b)
the day on which the obligation of a person referred to in paragraph 490.02(1)(b) to comply with section 3 of the Ontario Act ends under paragraph 7(1)(a) of that Act, or
(c)
the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon to a person who collects information, within the meaning of subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
Duration of obligation
(3)
If none of paragraphs (2)(a) to (c) applies earlier, the obligation
(a)
ends 10 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b)
ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;
(c)
applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or
(d)
applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

2004, c. 10, s. 20; 2007, c. 5, s. 22.

Previous Version

Application for exemption order 490.023 (1) A person who is not subject to an order under section 490.012 of this Act or section 227.01 of the National Defence Act may apply for an order exempting them from the obligation within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act.

Jurisdiction

(1.1) The application shall be made to a court of criminal jurisdiction if

(a)
it relates to an obligation under section 490.019 of this Act; or
(b)
it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.1(2) of that Act.
Exemption order
(2)
The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Reasons for decision
(3)
The court shall give reasons for its decision.
Removal of information from database
(4)
If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

2004, c. 10, s. 20; 2007, c. 5, s. 23; 2010, c. 17, s. 13.

Previous Version

Appeal

490.024 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision of the court under subsection 490.023(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the exemption order or make an order that may be made under that subsection.

Removal of information from database

(2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

2004, c. 10, s. 20; 2010, c. 17, s. 14.

Previous Version

Requirements relating to notice

490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

2004, c. 10, s. 20; 2007, c. 5, s. 24; 2010, c. 17, s. 15.

Previous Version

Application for termination order

490.026 (1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act — or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

Time for application

(2)
A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act:
(a)
five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b)
10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or
(c)
20 years if the maximum term of imprisonment for the offence is life.
More than one offence
(3)
If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act.
Pardon
(4)
Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.
Re-application
(5)
A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act.
Jurisdiction
(6)
The application shall be made to a court of criminal jurisdiction if
(a)
it relates to an obligation under section 490.019 of this Act; or
(b)
it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.12(6) of that Act.

2004, c. 10, s. 20; 2007, c. 5, s. 24; 2010, c. 17, s. 16.

Previous Version

Termination order

490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

Reasons for decision

(2)
The court shall give reasons for its decision. Requirements relating to notice
(3)
If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

2004, c. 10, s. 20; 2007, c. 5, s. 25; 2010, c. 17, s. 17. Previous Version Deemed application

490.028 If a person is eligible to apply for both an exemption order under section

490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.

2004, c. 10, s. 20; 2007, c. 5, s. 26.

Previous Version

Appeal

490.029 (1) The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under subsection 490.027(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection.

Requirements relating to notice

(2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

2004, c. 10, s. 20; 2007, c. 5, s. 26; 2010, c. 17, s. 18.

Previous Version

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada

Obligation

490.02901 A person who is served with a notice in Form 54 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.02904 unless a court makes an exemption order under subsection 490.02905(2).

2010, c. 17, s. 19.

Persons who may be served

490.02902 (1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada after the coming into force of this subsection and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act

that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).

Exception

(2) The notice shall not be served on a person who has been acquitted of every offence in connection with which a notice may be served on them under section 490.02903.

2010, c. 17, s. 19.

Period for and method of service

490.02903 (1) A notice in Form 54 shall be personally served.

Proof of service

(2)
An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that
(a)
the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;
(b)
the notice was personally served on the person to whom it was directed on a named day; and
(c)
the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.
Requirements relating to notice
(3)
The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

2010, c. 17, s. 19. When obligation begins 490.02904 (1) The obligation under section 490.02901 begins on the day on which the

person is served with the notice. When obligation ends

(2)
The obligation ends on the day on which an exemption order is made. Duration of obligation
(3)
If subsection (2) does not apply, the obligation
(a)
ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;
(b)
ends 20 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years;
(c)
applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life; or
(d)
applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

2010, c. 17, s. 19.

Application for exemption order 490.02905 (1) A person who is served with a notice in Form 54 under section 490.02903 may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after they are served.

Exemption order

(2)
The court
(a)
shall make an exemption order if it is satisfied that the person has established that
(i)
they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or
(ii)
the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1); and
(b)
shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).
Reasons for decision
(3)
The court shall give reasons for its decision. Removal of information from database
(4)
If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
Notification
(5)
If the court makes an order referred to in paragraph (2)(b), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

2010, c. 17, s. 19.

Appeal

490.02906 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision under subsection 490.02905(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

(a)
dismiss the appeal;
(b)
allow the appeal and order a new hearing;
(c)
quash the exemption order; or
(d)
make an order that may be made under that subsection.
Removal of information from database
(2)
If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

2010, c. 17, s. 19.

Requirements relating to notice

490.02907 If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

2010, c. 17, s. 19.

Application for termination order

490.02908 (1) A person who is subject to an obligation under section 490.02901 may apply to a court of criminal jurisdiction for a termination order unless they are also subject to another obligation under that section — or to an obligation under section 490.019, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

Time for application — one offence

(2)
The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
(a)
five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;
(b)
10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or
(c)
20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
Time for application — more than one offence
(3)
If more than one offence is listed in the notice served under section 490.02903, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Re-application
(4)
A person whose application is refused may apply again if five years have elapsed since the application was made.

2010, c. 17, s. 19.

Termination order

490.02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

Reasons for decision

(2)
The court shall give reasons for its decision. Requirements relating to notice
(3)
If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

2010, c. 17, s. 19.

Appeal

490.0291 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02909(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.

Requirements relating to notice

(2) If the appeal court makes an order that may be made under subsection 490.02909(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

2010, c. 17, s. 19.

Obligation to advise police service

490.02911 (1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of their name, date of birth, gender and address. They are not required to so advise the police service again unless they are later convicted of or found not criminally responsible on account of mental disorder for another such offence.

Change in address

(2)
The person shall, if they are in Canada, advise a police service of a change in address within seven days after the day on which the change is made.
Information to be provided to Attorney General
(3)
The police service shall cause the Attorney General of the province, or the minister of justice of the territory, in which it is located to be provided with the information.
Obligation ends
(4)
A person’s obligation under subsection (2) ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1).

2010, c. 17, s. 19.

International Transfer of Offenders Act

Application for termination order 490.02912 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for a termination order unless they are also subject to an obligation under section 490.019 or 490.02901 or under section 227.06 of the National Defence Act — or to an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

Time for application — one offence

(2)
The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
(a)
five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;
(b)
10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or
(c)
20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
More than one offence
(3)
If more than one offence is listed in the copy of the Form 1 that was delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Re-application
(4)
A person whose application is refused may apply again if five years have elapsed since the application was made.

2010, c. 17, s. 19.

Termination order

490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

Reasons for decision

(2)
The court shall give reasons for its decision.
Requirements relating to notice
(3)
If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

2010, c. 17, s. 19.

Appeal

490.02914 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.

Requirements relating to notice

(2) If the appeal court makes an order that may be made under subsection 490.02913(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

2010, c. 17, s. 19.

Notice before release

490.02915 (1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence, or is detained in custody before their release or discharge, shall give the person a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge.

Notice on disposition by Review Board

(2)
A Review Board shall cause a copy of the Form 1 to be given to the person when it directs
(a)
under paragraph 672.54(a), that the person be discharged absolutely; or
(b)
under paragraph 672.54(b), that the person be discharged subject to conditions unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

2010, c. 17, s. 19.

Disclosure of Information

Disclosure

490.03 (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database

(a)
to the prosecutor if the disclosure is necessary for the purpose of a proceeding under section 490.012; or
(b)
to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).
Disclosure in connection with proceedings
(2)
The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them is registered in the database.
Disclosure in proceedings
(3)
The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.
(4)
[Repealed, 2007, c. 5, s. 27]
2004, c. 10, s. 20; 2007, c. 5, s. 27; 2010, c. 17, s. 20.
Previous Version


Offences

Offence

490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act is guilty of an offence and liable

(a)
on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or
(b)
on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Reasonable excuse
(2)
For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.
Proof of certain facts by certificate
(3)
In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Attendance and cross-examination
(4)
The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination.
Notice of intention to produce
(5)
A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it.

2004, c. 10, s. 20; 2007, c. 5, s. 28; 2010, c. 17, s. 21.

Previous Version

Offence

490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act is guilty of an offence and liable

(a)
on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or
(b)
on summary conviction, to a fine of not more than $10,000 or to imprisonment for a
term of not more than six months, or to both.
2007, c. 5, s. 29; 2010, c. 17, s. 22.
Previous Version



Offence 490.0312 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction.

2010, c. 17, s. 23.

Regulations

Regulations

490.032 The Governor in Council may make regulations

(a)
requiring that additional information be contained in a notice under Form 53 or Form 54; and
(b)
prescribing, for one or more provinces, the form and content of that information.
2004, c. 10, s. 20; 2010, c. 17, s. 24.
Previous Version


Forfeiture of Offence-related Property

Order of forfeiture of property on conviction

490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

(a)
where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
(b)
in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.

(1.1) [Repealed, 2001, c. 41, s. 130]

Property related to other offences

(2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

Property outside Canada

(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Appeal

(3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

1997, c. 23, s. 15; 2001, c. 32, s. 30, c. 41, ss. 18, 130; 2007, c. 13, s. 8.

Previous Version

Application for in rem forfeiture

490.2 (1) If an information has been laid in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

Order of forfeiture of property

(2)
Subject to sections 490.3 to 490.41, the judge to whom an application is made under subsection (1) shall order that the property that is subject to the application be forfeited and disposed of in accordance with subsection (4) if the judge is satisfied
(a)
beyond a reasonable doubt that the property is offence-related property;
(b)
that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and
(c)
that the accused charged with the offence has died or absconded. Accused deemed absconded
(3)
For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if
(a)
an information has been laid alleging the commission of the offence by the accused,
(b)
a warrant for the arrest of the accused has been issued in relation to that information, and
(c)
reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,
and the accused is deemed to have so absconded on the last day of that six month period. Who may dispose of forfeited property
(4)
For the purpose of subsection (2), the judge shall
(a)
where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
(b)
in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.

Property outside Canada

(4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Definition of “judge”

(5) In this section and sections 490.5 and 490.8, “judge” means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.

1997, c. 23, s. 15; 2001, c. 32, s. 31; 2007, c. 13, s. 9. Previous Version Voidable transfers

490.3 A court may, before ordering that offence-related property be forfeited under subsection 490.1(1) or 490.2(2), set aside any conveyance or transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

1997, c. 23, s. 15.

Notice

490.4 (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

Manner of giving notice

(2)
A notice given under subsection (1) shall
(a)
be given or served in the manner that the court directs or that may be specified in the rules of the court;
(b)
be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
(c)
set out the offence charged and a description of the property.
Order of restoration of property
(3)
A court may order that all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) be returned to a person — other than a person who was charged with an indictable offence under this Act or the Corruption of Foreign Public Officials Act or a person who acquired title to or a right of possession of the property from such a person under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property — if the court is satisfied that the person is the lawful owner or is lawfully entitled to possession of all or part of that property, and that the person appears innocent of any complicity in, or collusion in relation to, the offence.

1997, c. 23, s. 15; 2001, c. 32, s. 32; 2007, c. 13, s. 10.

Previous Version

Notice 490.41 (1) If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require that notice in accordance with subsection (2) be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to which the property would be forfeited.

Manner of giving notice

(2)
A notice shall
(a)
be given or served in the manner that the court directs or that may be specified in the rules of the court;
(b)
be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
(c)
set out the offence charged and a description of the property.
Non-forfeiture of property
(3)
Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.
Factors in relation to dwelling-house
(4)
Where all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider
(a)
the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and
(b)
whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

2001, c. 32, s. 33; 2007, c. 13, s. 11.

Previous Version

Application

490.5 (1) Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 490.1(1) or 490.2(2), any person who claims an interest in the property, other than

(a)
in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the indictable offence in relation to which the property was forfeited,
(b)
in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the indictable offence in relation to which the property was forfeited, or
(c)
a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,

may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4).

Fixing day for hearing

(2)
The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of the filing of the application for the hearing of the application.
Notice
(3)
An applicant shall serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing.
Order declaring interest not affected by forfeiture
(4)
Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant
(a)
is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any indictable offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and
(b)
exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by the person who was permitted by the applicant to obtain possession of the property or from whom the applicant obtained possession or, where the applicant is a mortgagee or lienholder, by the mortgagor or lien-giver,

the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest.

Appeal from order made under subsection (4)

(5)
An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection.
Return of property
(6)
The Attorney General shall, on application made to the Attorney General by any person in respect of whom a judge has made an order under subsection (4), and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined, direct that
(a)
the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or
(b)
an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

1997, c. 23, s. 15; 2001, c. 32, s. 34.

Appeals from orders under subsection 490.2(2)

490.6 Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal.

1997, c. 23, s. 15.

Suspension of order pending appeal

490.7 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending

(a)
any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or
(b)
any appeal taken from an order of forfeiture or restoration in respect of the property,

and the property shall not be disposed of or otherwise dealt with until thirty days have
expired after an order is made under any of those provisions.
1997, c. 23, s. 15.
Application for restraint order

490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

Procedure

(2)
An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:
(a)
the indictable offence to which the offence-related property relates;
(b)
the person who is believed to be in possession of the offence-related property; and
(c)
a description of the offence-related property. Restraint order
(3)
Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.

Property outside Canada

(3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Conditions

(4)
A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit.
Order in writing
(5)
A restraint order made under this section shall be made in writing. Service of order
(6)
A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.
Registration of order
(7)
A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.
Order continues in force
(8)
A restraint order made under this section remains in effect until
(a)
an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or
(b)
an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2).
Offence
(9)
Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

1997, c. 23, s. 15; 2001, c. 32, s. 35.

Management order

490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, where he or she is of the opinion that the circumstances so require,

(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 or justice; 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
(2)
When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Power to manage
(3)
The power to manage or otherwise deal with property under subsection (1) includes
(a)
in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of 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
(4)
Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Notice
(5)
Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Manner of giving notice
(6)
A notice shall
(a)
be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b)
be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Order
(7)
A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
When management order ceases to have effect
(8)
A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Application to vary conditions
(9)
The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).

2001, c. 32, s. 36.

Sections 489.1 and 490 applicable

490.9 (1) Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made under section 490.8.

Recognizance

(2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) for the return of any offence-related property that is the subject of a restraint order under section 490.8, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in any amount and with any conditions that the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice any sum of money or other valuable security that the judge or justice directs.

1997, c. 23, s. 15.

Forfeiture of weapons and ammunition

491. (1) Subject to subsection (2), where it is determined by a court that

(a)
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 and that thing has been seized and detained, or
(b)
that a person has committed 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 any such thing has been seized and detained,

the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs.

Return to lawful owner

(2)
If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.
Application of proceeds
(3)
Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing.

R.S., 1985, c. C-46, s. 491; 1991, c. 40, s. 30; 1995, c. 39, s. 152.

Order for restitution or forfeiture of property obtained by crime

491.1 (1) Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the offence, and at the time of the trial any property obtained by the commission of the offence

(a)
is before the court or has been detained so that it can be immediately dealt with, and
(b)
will not be required as evidence in any other proceedings,

section 490 does not apply in respect of the property and the court shall make an order under subsection (2) in respect of the property.

Idem

(2)
In the circumstances referred to in subsection (1), the court shall order, in respect of any property,
(a)
if the lawful owner or person lawfully entitled to possession of the property is known, that it be returned to that person; and
(b)
if the lawful owner or person lawfully entitled to possession of the property is not known, that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
(3)
An order shall not be made under subsection (2)
(a)
in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or
(b)
in respect of
(i)
property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration,
(ii)
a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it,

When certain orders not to be made (iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or

(iv)
property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant.
By whom order executed
(4)
An order made under this section shall, on the direction of the court, be executed by the peace officers by whom the process of the court is ordinarily executed.

R.S., 1985, c. 27 (1st Supp.), s. 74, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 18.

Photographic evidence

491.2 (1) Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354, 362 or 380 is returned or ordered to be returned, forfeited or otherwise dealt with under section 489.1 or 490 or is otherwise returned, a peace officer or any person under the direction of a peace officer may take and retain a photograph of the property.

Certified photograph admissible in evidence

(2)
Every photograph of property taken under subsection (1), accompanied by a certificate of a person containing the statements referred to in subsection (3), shall be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the property would have had if it had been proved in the ordinary way.
(3)
For the purposes of subsection (2), a certificate of a person stating that
(a)
the person took the photograph under the authority of subsection (1),
(b)
the person is a peace officer or took the photograph under the direction of a peace officer, and
(c)
the photograph is a true photograph

Statements made in certificate shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the certificate without proof of the signature of the person appearing to have signed the certificate.

Secondary evidence of peace officer

(4)
An affidavit or solemn declaration of a peace officer or other person stating that the person has seized property and detained it or caused it to be detained from the time that person took possession of the property until a photograph of the property was taken under subsection (1) and that the property was not altered in any manner before the photograph was taken shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature or official character of the person appearing to have signed the affidavit or solemn declaration.
Notice of intention to produce certified photograph
(5)
Unless the court orders otherwise, no photograph, certificate, affidavit or solemn declaration shall be received in evidence at a trial or other proceeding pursuant to subsection (2), (3) or (4) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy thereof and reasonable notice of intention to produce it in evidence.
Attendance for examination
(6)
Notwithstanding subsection (3) or (4), the court may require the person who appears to have signed a certificate, an affidavit or a solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the facts contained in the certificate, affidavit or solemn declaration.
Production of property in court
(7)
A court may order any property seized and returned pursuant to section 489.1 or 490 to be produced in court or made available for examination by all parties to a proceeding at a reasonable time and place, notwithstanding that a photograph of the property has been received in evidence pursuant to subsection (2), where the court is satisfied that the

interests of justice so require and that it is possible and practicable to do so in the circumstances.

Definition of “photograph”

(8) In this section, “photograph” includes a still photograph, a photographic film or plate, a microphotographic film, a photostatic negative, an X-ray film, a motion picture and a videotape.

R.S., 1985, c. 23 (4th Supp.), s. 2; 1992, c. 1, s. 58.

Seizure of explosives

492. (1) Every person who executes a warrant issued under section 487 or 487.1 may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2).

Forfeiture

(2)
Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct.
Application of proceeds
(3)
Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General.

R.S., 1985, c. C-46, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70.

Information for tracking warrant

492.1 (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that is relevant to the commission of the offence, including the whereabouts of any person, can be obtained through the use of a tracking device, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

(a)
to install, maintain and remove a tracking device in or on any thing, including a thing carried, used or worn by any person; and
(b)
to monitor, or to have monitored, a tracking device installed in or on any thing.
Time limit for warrant
(2)
A warrant issued under subsection (1) is valid for the period, not exceeding sixty days, mentioned in it.
Further warrants
(3)
A justice may issue further warrants under this section.
Definition of “tracking device”
(4)
For the purposes of this section, “tracking device” means any device that, when installed in or on any thing, may be used to help ascertain, by electronic or other means, the location of any thing or person.
Removal after expiry of warrant
(5)
On ex parte application in writing supported by affidavit, the justice who issued a warrant under subsection (1) or a further warrant under subsection (3) or any other justice having jurisdiction to issue such warrants may authorize that the tracking device be covertly removed after the expiry of the warrant
(a)
under any terms or conditions that the justice considers advisable in the public interest; and
(b)
during any specified period of not more than sixty days.

1993, c. 40, s. 18; 1999, c. 5, s. 18.

Information re number recorder

492.2 (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that would assist in the investigation of the offence could be obtained through the use of a number recorder, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

(a)
to install, maintain and remove a number recorder in relation to any telephone or telephone line; and
(b)
to monitor, or to have monitored, the number recorder.
Order re telephone records
(2)
When the circumstances referred to in subsection (1) exist, a justice may order that any person or body that lawfully possesses records of telephone calls originated from, or received or intended to be received at, any telephone give the records, or a copy of the records, to a person named in the order.
Other provisions to apply
(3)
Subsections 492.1(2) and (3) apply to warrants and orders issued under this section, with such modifications as the circumstances require.
Definition of “number recorder”
(4)
For the purposes of this section, “number recorder” means any device that can be used to record or identify the telephone number or location of the telephone from which a telephone call originates, or at which it is received or is intended to be received.

1993, c. 40, s. 18; 1999, c. 5, s. 19.

PART XVI

COMPELLING APPEARANCE OF ACCUSED BEFORE A JUSTICE AND INTERIM RELEASE

Interpretation

Definitions

493. In this Part, “accused” « prévenu » “accused” includes

(a)
a person to whom a peace officer has issued an appearance notice under section 496, and
(b)
a person arrested for a criminal offence;
“appearance notice”
« citation à comparaître »
“appearance notice” means a notice in Form 9 issued by a peace officer;
“judge”
« juge »
“judge” means






(a)
in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,
(b)
in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,
(c)
[Repealed, 1992, c. 51, s. 37]
(d)
in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland, a judge of the superior court of criminal jurisdiction of the Province,
(e)
in Yukon and the Northwest Territories, a judge of the Supreme Court, and
(f)
in Nunavut, a judge of the Nunavut Court of Justice;
“officer in charge”
« fonctionnaire responsable »
“officer in charge” means the officer for the time being in command of the police force



responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody;

“promise to appear”
« promesse de comparaître »
“promise to appear” means a promise in Form 10;
“recognizance”
« engagement »

“recognizance”, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32;

“summons”
« sommation »
“summons” means a summons in Form 6 issued by a justice or judge;
“undertaking”
« promesse »
“undertaking” means an undertaking in Form 11.1 or 12;
“warrant”
« mandat »
“warrant”, when used in relation to a warrant for the arrest of a person, means a warrant

in Form 7 and, when used in relation to a warrant for the committal of a person, means a

warrant in Form 8.
R.S., 1985, c. C-46, s. 493; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c.
40 (4th Supp.), s. 2; 1990, c. 16, s. 5, c. 17, s. 12; 1992, c. 51, s. 37; 1994, c. 44, s. 39;
1999, c. 3, s. 30; 2002, c. 7, s. 143.

Previous Version

Arrest without Warrant and Release from Custody

Arrest without warrant by any person

494. (1) Any one may arrest without warrant

(a)
a person whom he finds committing an indictable offence; or
(b)
a person who, on reasonable grounds, he believes
(i)
has committed a criminal offence, and
(ii)
is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
Arrest by owner, etc., of property
(2)
Any one who is
(a)
the owner or a person in lawful possession of property, or
(b)
a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property. Delivery to peace officer
(3)
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

R.S., c. C-34, s. 449; R.S., c. 2(2nd Supp.), s. 5. Arrest without warrant by peace officer

495. (1) A peace officer may arrest without warrant

(a)
a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
(b)
a person whom he finds committing a criminal offence; or
(c)
a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
Limitation
(2)
A peace officer shall not arrest a person without warrant for
(a)
an indictable offence mentioned in section 553,
(b)
an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or
(c)
an offence punishable on summary conviction, in any case where
(d)
he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
(i)
establish the identity of the person,
(ii)
secure or preserve evidence of or relating to the offence, or

(iii) prevent the continuation or repetition of the offence or the commission of another offence,

may be satisfied without so arresting the person, and

(e)
he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.
Consequences of arrest without warrant
(3)
Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of
(a)
any proceedings under this or any other Act of Parliament; and
(b)
any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).

R.S., 1985, c. C-46, s. 495; R.S., 1985, c. 27 (1st Supp.), s. 75.

Issue of appearance notice by peace officer

496. Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is

(a)
an indictable offence mentioned in section 553;
(b)
an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or
(c)
an offence punishable on summary conviction. R.S., c. C-34, s. 451; R.S., c. 2(2nd Supp.), s. 5. Release from custody by peace officer

497. (1) Subject to subsection (1.1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable,

(a)
release the person from custody with the intention of compelling their appearance by way of summons; or
(b)
issue an appearance notice to the person and then release them. Exception

(1.1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,

(a)
that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to
(i)
establish the identity of the person,
(ii)
secure or preserve evidence of or relating to the offence,

(iii) prevent the continuation or repetition of the offence or the commission of another offence, or

(iv)
ensure the safety and security of any victim of or witness to the offence; or
(b)
that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.
Where subsection (1) does not apply
(2)
Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
Consequences of non-release
(3)
A peace officer who has arrested a person without warrant for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(a)
any proceedings under this or any other Act of Parliament; and
(b)
any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble).

Release from custody by officer in charge

498. (1) Subject to subsection (1.1), if a person who has been arrested without warrant by a peace officer is taken into custody, or if a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act is detained in custody under subsection 503(1) for an offence described in paragraph 496(a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,

(a)
release the person with the intention of compelling their appearance by way of summons;
(b)
release the person on their giving a promise to appear;
(c)
release the person on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs, but without deposit of money or other valuable security; or
(d)
if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within 200 kilometres of the place in which the person is in custody, release the person on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs and, if the officer so directs, on depositing with the officer a sum of money or other valuable security not exceeding in amount or value $500, that the officer directs.

Exception

(1.1) The officer in charge or the peace officer shall not release a person under subsection

(1)
if the officer in charge or peace officer believes, on reasonable grounds,
(a)
that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to
(i)
establish the identity of the person,
(ii)
secure or preserve evidence of or relating to the offence,

(iii) prevent the continuation or repetition of the offence or the commission of another offence, or

(iv)
ensure the safety and security of any victim of or witness to the offence; or
(b)
that, if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.
Where subsection (1) does not apply
(2)
Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
Consequences of non-release
(3)
An officer in charge or another peace officer who has the custody of a person taken into or detained in custody for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of
(a)
any proceedings under this or any other Act of Parliament; or
(b)
any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the officer in charge or other peace officer did not comply with the requirements of subsection (1).

R.S., 1985, c. C-46, s. 498; R.S., 1985, c. 27 (1st Supp.), s. 186; 1997, c. 18, s. 52; 1998,

c. 7, s. 2; 1999, c. 25, ss. 4, 30(Preamble).

Release from custody by officer in charge where arrest made with warrant

499. (1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one mentioned in section 522, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507(6),

(a)
release the person on the person’s giving a promise to appear;
(b)
release the person on the person’s entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs, but without deposit of money or other valuable security; or
(c)
if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody, release the person on the person’s entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs and, if the officer in charge so directs, on depositing with the officer in charge such sum of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer in charge directs.
(2)
In addition to the conditions for release set out in paragraphs (1)(a), (b) and (c), the officer in charge may also require the person to enter into an undertaking in Form 11.1 in which the person, in order to be released, undertakes to do one or more of the following things:
(a)
to remain within a territorial jurisdiction specified in the undertaking;
(b)
to notify a peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
(c)
to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
(d)
to deposit the person’s passport with the peace officer or other person mentioned in the undertaking;
(e)
to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
(f)
to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
(g)
to abstain from
(i)
the consumption of alcohol or other intoxicating substances, or
(ii)
the consumption of drugs except in accordance with a medical prescription; and
(h)
to comply with any other condition specified in the undertaking that the officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.
Application to justice
(3)
A person who has entered into an undertaking under subsection (2) may, at any time before or at his or her appearance pursuant to a promise to appear or recognizance, apply to a justice for an order under subsection 515(1) to replace his or her undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
Application by prosecutor
(4)
Where a person has entered into an undertaking under subsection (2), the prosecutor may
(a)
at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
(b)
at the appearance,

Additional conditions

apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.

R.S., 1985, c. C-46, s. 499; R.S., 1985, c. 27 (1st Supp.), s. 186; 1994, c. 44, s. 40; 1997,

c. 18, s. 53; 1999, c. 25, s. 5(Preamble).
Money or other valuable security to be deposited with justice

500. If a person has, under paragraph 498(1)(d) or 499(1)(c), deposited any sum of money or other valuable security with the officer in charge, the officer in charge shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.

R.S., 1985, c. C-46, s. 500; 1999, c. 5, s. 20, c. 25, s. 6(Preamble).

Contents of appearance notice, promise to appear and recognizance

501. (1) An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer shall

(a)
set out the name of the accused;
(b)
set out the substance of the offence that the accused is alleged to have committed; and
(c)
require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.
Idem
(2)
An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer shall set out the text of subsections 145(5) and (6) and section 502.
Attendance for purposes of Identification of Criminals Act
(3)
An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the

Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

Signature of accused

(4)
An accused shall be requested to sign in duplicate his appearance notice, promise to appear or recognizance and, whether or not he complies with that request, one of the duplicates shall be given to the accused, but if the accused fails or refuses to sign, the lack of his signature does not invalidate the appearance notice, promise to appear or recognizance, as the case may be.
(5)
[Repealed, 2008, c. 18, s. 15]

R.S., 1985, c. C-46, s. 501; R.S., 1985, c. 27 (1st Supp.), s. 76; 1992, c. 47, s. 69; 1994, c. 44, ss. 41, 94; 1996, c. 7, s. 38; 2008, c. 18, s. 15.

Previous Version

Failure to appear

502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.

R.S., 1985, c. C-46, s. 502; 1992, c. 47, s. 70; 1996, c. 7, s. 38; 1997, c. 18, s. 54.

Appearance of Accused before Justice

Taking before justice

503. (1) A peace officer who arrests a person with or without warrant or to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act shall cause the person to be detained in custody and, in accordance with the following provisions, to be taken before a justice to be dealt with according to law:

(a)
where a justice is available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period, and
(b)
where a justice is not available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice as soon as possible,
unless, at any time before the expiration of the time prescribed in paragraph (a) or (b) for taking the person before a justice,
(c)
the peace officer or officer in charge releases the person under any other provision of this Part, or
(d)
the peace officer or officer in charge is satisfied that the person should be released from custody, whether unconditionally under subsection (4) or otherwise conditionally or unconditionally, and so releases him.
Conditional release
(2)
If a peace officer or an officer in charge is satisfied that a person described in subsection (1) should be released from custody conditionally, the officer may, unless the person is detained in custody for an offence mentioned in section 522, release that person on the person’s giving a promise to appear or entering into a recognizance in accordance with paragraphs 498(1)(b) to (d) and subsection (2.1).

Undertaking

(2.1) In addition to the conditions referred to in subsection (2), the peace officer or officer in charge may, in order to release the person, require the person to enter into an undertaking in Form 11.1 in which the person undertakes to do one or more of the following things:

(a)
to remain within a territorial jurisdiction specified in the undertaking;
(b)
to notify the peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
(c)
to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
(d)
to deposit the person’s passport with the peace officer or other person mentioned in the undertaking;
(e)
to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
(f)
to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
(g)
to abstain from
(i)
the consumption of alcohol or other intoxicating substances, or
(ii)
the consumption of drugs except in accordance with a medical prescription; or
(h)
to comply with any other condition specified in the undertaking that the peace officer or officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.

Application to justice

(2.2) A person who has entered into an undertaking under subsection (2.1) may, at any time before or at his or her appearance pursuant to a promise to appear or recognizance, apply to a justice for an order under subsection 515(1) to replace his or her undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.

Application by prosecutor

(2.3) Where a person has entered into an undertaking under subsection (2.1), the prosecutor may

(a)
at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
(b)
at the appearance,

apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.

Remand in custody for return to jurisdiction where offence alleged to have been committed

(3)
Where a person has been arrested without warrant for an indictable offence alleged to have been committed in Canada outside the territorial division where the arrest took place, the person shall, within the time prescribed in paragraph (1)(a) or (b), be taken before a justice within whose jurisdiction the person was arrested unless, where the offence was alleged to have been committed within the province in which the person was arrested, the person was taken before a justice within whose jurisdiction the offence was alleged to have been committed, and the justice within whose jurisdiction the person was arrested
(a)
if the justice is not satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, shall release that person; or
(b)
if the justice is satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, may
(i)
remand the person to the custody of a peace officer to await execution of a warrant for his or her arrest in accordance with section 528, but if no warrant is so executed within a period of six days after the time he or she is remanded to such custody, the person in whose custody he or she then is shall release him or her, or
(ii)
where the offence was alleged to have been committed within the province in which the person was arrested, order the person to be taken before a justice having jurisdiction with respect to the offence.

Interim release

(3.1) Notwithstanding paragraph (3)(b), a justice may, with the consent of the prosecutor, order that the person referred to in subsection (3), pending the execution of a warrant for the arrest of that person, be released

(a)
unconditionally; or
(b)
on any of the following terms to which the prosecutor consents, namely,
(i)
giving an undertaking, including an undertaking to appear at a specified time before the court that has jurisdiction with respect to the indictable offence that the person is alleged to have committed, or
(ii)
entering into a recognizance described in any of paragraphs 515(2)(a) to (e)

with such conditions described in subsection 515(4) as the justice considers desirable and to which the prosecutor consents.

Release of person about to commit indictable offence

(4)
A peace officer or an officer in charge having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person unconditionally as soon as practicable after he is satisfied that the continued detention of that person in custody is no longer necessary in order to prevent the commission by him of an indictable offence.
(5)
Notwithstanding subsection (4), a peace officer or an officer in charge having the custody of a person referred to in that subsection who does not release the person before the expiration of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of his duty for the purposes of
(a)
any proceedings under this or any other Act of Parliament; or
(b)
any other proceedings, unless in such proceedings it is alleged and established by the person making the allegation that the peace officer or officer in charge did not comply with the requirements of subsection (4).

Consequences of non-release R.S., 1985, c. C-46, s. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble).

Information, Summons and Warrant

In what cases justice may receive information

504. Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged

(a)
that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person
(i)
is or is believed to be, or
(ii)
resides or is believed to reside,
within the territorial jurisdiction of the justice;


(b)
that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;
(c)
that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or
(d)
that the person has in his possession stolen property within the territorial jurisdiction of the justice.

R.S., c. C-34, s. 455; R.S., c. 2(2nd Supp.), s. 5.
Time within which information to be laid in certain cases

505. Where

(a)
an appearance notice has been issued to an accused under section 496, or
(b)
an accused has been released from custody under section 497 or 498,

an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by him shall be laid before a justice as soon as practicable thereafter and in any event before the time stated in the appearance notice, promise to appear or recognizance issued to or given or entered into by the accused for his attendance in court.

R.S., c. 2(2nd Supp.), s. 5.

Form

  1. An information laid under section 504 or 505 may be in Form 2.
    R.S., c. 2(2nd Supp.), s. 5.
    Justice to hear informant and witnesses — public prosecutions


  2. (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,
(a)
hear and consider, ex parte,
(i)
the allegations of the informant, and
(ii)
the evidence of witnesses, where he considers it desirable or necessary to do so; and
(b)
where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence.
Process compulsory
(2)
No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant.
Procedure when witnesses attend
(3)
A justice who hears the evidence of a witness pursuant to subsection (1) shall
(a)
take the evidence on oath; and
(b)
cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.
Summons to be issued except in certain cases
(4)
Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused.
No process in blank
(5)
A justice shall not sign a summons or warrant in blank.
Endorsement of warrant by justice
(6)
A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one mentioned in section 522, authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29.
Promise to appear or recognizance deemed to have been confirmed
(7)
Where, pursuant to subsection (6), a justice authorizes the release of an accused pursuant to section 499, a promise to appear given by the accused or a recognizance entered into by the accused pursuant to that section shall be deemed, for the purposes of subsection 145(5), to have been confirmed by a justice under section 508.
Issue of summons or warrant
(8)
Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing.

R.S., 1985, c. C-46, s. 507; R.S., 1985, c. 27 (1st Supp.), s. 78; 1994, c. 44, s. 43; 2002, c. 13, s. 21.

Referral when private prosecution

507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information.

Summons or warrant

(2)
A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information.
Conditions for issuance
(3)
The judge or designated justice may issue a summons or warrant only if he or she
(a)
has heard and considered the allegations of the informant and the evidence of witnesses;
(b)
is satisfied that the Attorney General has received a copy of the information;
(c)
is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and
(d)
has given the Attorney General an opportunity to attend the hearing under paragraph
(a)
and to cross-examine and call witnesses and to present any relevant evidence at the hearing.
Appearance of Attorney General
(4)
The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding.
Information deemed not to have been laid
(5)
If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid.
Information deemed not to have been laid — proceedings commenced
(6)
If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid.
New evidence required for new hearing
(7)
If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless

there is new evidence in support of the allegation in respect of which the hearing is sought to be held.

Subsections 507(2) to (8) to apply

(8)
Subsections 507(2) to (8) apply to proceedings under this section. Non-application — informations laid under sections 810 and 810.1
(9)
Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1.
Definition of “designated justice”
(10)
In this section, “designated justice” means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec.
Meaning of “Attorney General”
(11)
In this section, “Attorney General” includes the Attorney General of Canada and his or her lawful deputy in respect of proceedings that could have been commenced at the instance of the Government of Canada and conducted by or on behalf of that Government.

2002, c. 13, s. 22; 2008, c. 18, s. 16.

Previous Version

Justice to hear informant and witnesses

508. (1) A justice who receives an information laid before him under section 505 shall

(a)
hear and consider, ex parte,
(i)
the allegations of the informant, and
(ii)
the evidence of witnesses, where he considers it desirable or necessary to do so;
(b)
where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice, promise to appear or recognizance or to an included or other offence,
(i)
confirm the appearance notice, promise to appear or recognizance, as the case may be, and endorse the information accordingly, or
(ii)
cancel the appearance notice, promise to appear or recognizance, as the case may be, and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice, promise to appear or recognizance, as the case may be, has been cancelled; and
(c)
where he considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation.
Procedure when witnesses attend
(2)
A justice who hears the evidence of a witness pursuant to subsection (1) shall
(a)
take the evidence on oath; and
(b)
cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

R.S., 1985, c. C-46, s. 508; R.S., 1985, c. 27 (1st Supp.), s. 79. Information laid otherwise than in person

508.1 (1) For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing.

Alternative to oath

(2) A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer’s knowledge and belief, and such a statement is deemed to be a statement made under oath.

1997, c. 18, s. 56.

Summons

509. (1) A summons issued under this Part shall

(a)
be directed to the accused;
(b)
set out briefly the offence in respect of which the accused is charged; and
(c)
require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.
Service on individual
(2)
A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
(3)
[Repealed, 2008, c. 18, s. 17]
Content of summons

(4)
There shall be set out in every summons the text of subsection 145(4) and section

510.
Attendance for purposes of Identification of Criminals Act

(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

R.S., 1985, c. C-46, s. 509; R.S., 1985, c. 27 (1st Supp.), s. 80; 1992, c. 47, s. 71; 1996, c. 7, s. 38; 2008, c. 18, s. 17.

Previous Version

Failure to appear

510. Where an accused who is required by a summons to appear at a time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

R.S., 1985, c. C-46, s. 510; 1992, c. 47, s. 72; 1996, c. 7, s. 38.

Contents of warrant to arrest

511. (1) A warrant issued under this Part shall

(a)
name or describe the accused;
(b)
set out briefly the offence in respect of which the accused is charged; and
(c)
order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.
No return day
(2)
A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time.
Discretion to postpone execution
(3)
Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.
Deemed execution of warrant
(4)
Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57. Certain actions not to preclude issue of warrant

512. (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that

(a)
an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);
(b)
a summons has previously been issued under subsection 507(4); or
(c)
the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.
Warrant in default of appearance
(2)
Where
(a)
service of a summons is proved and the accused fails to attend court in accordance with the summons,
(b)
an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
(c)
it appears that a summons cannot be served because the accused is evading service,
a justice may issue a warrant for the arrest of the accused.
R.S., 1985, c. C-46, s. 512; R.S., 1985, c. 27 (1st Supp.), s. 82; 1997, c. 18, s. 58.
Formalities of warrant



    1. A warrant in accordance with this Part shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.
    2. R.S., c. 2(2nd Supp.), s. 5. Execution of warrant
  1. (1) A warrant in accordance with this Part may be executed by arresting the accused
(a)
wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or
(b)
wherever he is found in Canada, in the case of fresh pursuit. By whom warrant may be executed
(2)
A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.

R.S., c. 2(2nd Supp.), s. 5.

Judicial Interim Release

Order of release

515. (1) Subject to this section, where an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.

Release on undertaking with conditions, etc.

(2)
Where the justice does not make an order under subsection (1), he shall, unless the prosecutor shows cause why the detention of the accused is justified, order that the accused be released
(a)
on his giving an undertaking with such conditions as the justice directs;
(b)
on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;
(c)
on his entering into a recognizance before the justice with sureties in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;
(d)
with the consent of the prosecutor, on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs and on his depositing with the justice such sum of money or other valuable security as the justice directs; or
(e)
if the accused is not ordinarily resident in the province in which the accused is in custody or does not ordinarily reside within two hundred kilometres of the place in which he is in custody, on his entering into a recognizance before the justice with or without sureties in such amount and with such conditions, if any, as the justice directs, and on his depositing with the justice such sum of money or other valuable security as the justice directs.

Power of justice to name sureties in order

(2.1) Where, pursuant to subsection (2) or any other provision of this Act, a justice, judge or court orders that an accused be released on his entering into a recognizance with sureties, the justice, judge or court may, in the order, name particular persons as sureties.

Alternative to physical presence

(2.2) Where, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the appearance shall be by actual physical attendance of the accused but the justice may, subject to subsection (2.3), allow the accused to appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice.

Where consent required (2.3) The consent of the prosecutor and the accused is required for the purposes of an appearance if the evidence of a witness is to be taken at the appearance and the accused cannot appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication.

Idem

(3)
The justice shall not make an order under any of paragraphs (2)(b) to (e) unless the prosecution shows cause why an order under the immediately preceding paragraph should not be made.
Conditions authorized
(4)
The justice may direct as conditions under subsection (2) that the accused shall do any one or more of the following things as specified in the order:
(a)
report at times to be stated in the order to a peace officer or other person designated in the order;
(b)
remain within a territorial jurisdiction specified in the order;
(c)
notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;
(d)
abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the justice considers necessary;
(e)
where the accused is the holder of a passport, deposit his passport as specified in the order;

(e.1) comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

(f) comply with such other reasonable conditions specified in the order as the justice considers desirable.

Condition prohibiting possession of firearms, etc.

(4.1) When making an order under subsection (2), in the case of an accused who is charged with

(a) an offence in the commission of which violence against a person was used, threatened or attempted,

(a.1) a terrorism offence,

(b) an offence under section 264 (criminal harassment),

(b.1) an offence under section 423.1 (intimidation of a justice system participant),

(c)
an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,
(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, ammunition, prohibited ammunition or an explosive substance, or
(e)
an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to on offence under subsection 20(1) of that Act,

the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

Surrender, etc.

(4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which

(a)
the things referred to in subsection (4.1) that are in the possession of the accused 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.

Reasons

(4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition.

Additional conditions

(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order

(a)
that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order; or
(b)
that the accused comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of those persons.

Offences

(4.3) The offences for the purposes of subsection (4.2) are

(a)
a terrorism offence;
(b)
an offence described in section 264 or 423.1;
(c)
an offence in the commission of which violence against a person was used, threatened or attempted; and
(d)
an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.
Detention in custody
(5)
Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order.
Order of detention
(6)
Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
(a)
with an indictable offence, other than an offence listed in section 469,
(i)
that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680,
(ii)
that is an offence under section 467.11, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

(iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,

(iv)
an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
(v)
an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to on offence referred to in subparagraph (iv),
(vi)
that is an offence under section 99, 100 or 103,

(vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or

(viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

(b)
with an indictable offence, other than an offence listed in section 469 and is not ordinarily resident in Canada,
(c)
with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while he was at large after being released in respect of another offence pursuant to the provisions of this Part or section 679, 680 or 816, or
(d)
with having committed an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

Reasons

(6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.

Order of release

(7)
Where an accused to whom paragraph 6(a), (c) or (d) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)(a) to (e) with the conditions described in subsections (4) to (4.2) or, where the accused was at large on an undertaking or recognizance with conditions, the additional conditions described in subsections (4) to (4.2), that the justice considers desirable, unless the accused, having been given a reasonable opportunity to do so, shows cause why the conditions or additional conditions should not be imposed.
Idem
(8)
Where an accused to whom paragraph (6)(b) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)(a) to (e) with the conditions, described in subsections (4) to (4.2), that the justice considers desirable.
Sufficiency of record
(9)
For the purposes of subsections (5) and (6), it is sufficient if a record is made of the reasons in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.

Written reasons

(9.1) Despite subsection (9), if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.

Justification for detention in custody

(10)
For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:
(a)
where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;
(b)
where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c)
if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including
(i)
the apparent strength of the prosecution’s case,
(ii)
the gravity of the offence,

(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

(iv)
the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.
Detention in custody for offence listed in section 469
(11)
Where an accused who is charged with an offence mentioned in section 469 is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 for the committal of the accused.
Order re no communication
(12)
A justice who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the justice considers necessary.

R.S., 1985, c. C-46, s. 515; R.S., 1985, c. 27 (1st Supp.), ss. 83, 186; 1991, c. 40, s. 31; 1993, c. 45, s. 8; 1994, c. 44, s. 44; 1995, c. 39, s. 153; 1996, c. 19, ss. 71, 93.3; 1997, c. 18, s. 59, c. 23, s. 16; 1999, c. 5, s. 21, c. 25, s. 8(Preamble); 2001, c. 32, s. 37, c. 41, ss. 19, 133; 2008, c. 6, s. 37; 2009, c. 22, s. 17, c. 29, s. 2; 2010, c. 20, s. 1.

Previous Version

Variation of undertaking or recognizance

515.1 An undertaking or recognizance pursuant to which the accused was released that has been entered into under section 499, 503 or 515 may, with the written consent of the prosecutor, be varied, and where so varied, is deemed to have been entered into pursuant to section 515.

1997, c. 18, s. 60.

Remand in custody

516. (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

Detention pending bail hearing

(2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.

R.S., 1985, c. C-46, s. 516; 1999, c. 5, s. 22, c. 25, s. 31(Preamble).

Order directing matters not to be published for specified period

517. (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

(a)
if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or
(b)
if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.
Failure to comply
(2)
Every one who fails without lawful excuse, the proof of which lies on him, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
(3)
[Repealed, 2005, c. 32, s. 17]
R.S., 1985, c. C-46, s. 517; R.S., 1985, c. 27 (1st Supp.), s. 101(E); 2005, c. 32, s. 17.
Previous Version
Inquiries to be made by justice and evidence



518. (1) In any proceedings under section 515,

(a)
the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;
(b)
the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;
(c)
the prosecutor may, in addition to any other relevant evidence, lead evidence
(i)
to prove that the accused has previously been convicted of a criminal offence,
(ii)
to prove that the accused has been charged with and is awaiting trial for another criminal offence,

(iii) to prove that the accused has previously committed an offence under section 145, or

(iv)
to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;
(d)
the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;

(d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence;

(d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and

(e)
the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case.
Release pending sentence
(2)
Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.

R.S., 1985, c. C-46, s. 518; R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F); 1994, c. 44, s. 45; 1999, c. 25, s. 9(Preamble).

Release of accused

519. (1) Where a justice makes an order under subsection 515(1), (2), (7) or (8),

(a)
if the accused thereupon complies with the order, the justice shall direct that the accused be released
(i)
forthwith, if the accused is not required to be detained in custody in respect of any other matter, or
(ii)
as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter; and
(b)
if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order
(i)
forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or
(ii)
as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter

and if the justice so endorses the warrant, he shall attach to it a copy of the order.

Discharge from custody

(2)
Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.
Warrant for committal
(3)
Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

R.S., 1985, c. C-46, s. 519; R.S., 1985, c. 27 (1st Supp.), s. 85.

Review of order

520. (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

Notice to prosecutor

(2)
An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application.
Accused to be present
(3)
If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.
Adjournment of proceedings
(4)
A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.
Failure of accused to attend
(5)
Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.
Execution
(6)
A warrant issued under subsection (5) may be executed anywhere in Canada. Evidence and powers of judge on review
(7)
On the hearing of an application under this section, the judge may consider
(a)
the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,
(b)
the exhibits, if any, filed in the proceedings before the justice, and
(c)
such additional evidence or exhibits as may be tendered by the accused or the prosecutor,
and shall either
(d)
dismiss the application, or
(e)
if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted.
Limitation of further applications
(8)
Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.
Application of sections 517, 518 and 519
(9)
The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

R.S., 1985, c. C-46, s. 520; R.S., 1985, c. 27 (1st Supp.), s. 86; 1994, c. 44, s. 46; 1999, c. 3, s. 31.

Review of order

521. (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

Notice to accused

(2)
An application under this section shall not be heard by a judge unless the prosecutor has given to the accused at least two clear days notice in writing of the application.
Accused to be present
(3)
If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.
Adjournment of proceedings
(4)
A judge may, before or at any time during the hearing of an application under this section, on application of the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.
Failure of accused to attend
(5)
Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.
(6)
Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused.
Execution
(7)
A warrant issued under subsection (5) or (6) may be executed anywhere in Canada. Evidence and powers of judge on review
(8)
On the hearing of an application under this section, the judge may consider
(a)
the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,
(b)
the exhibits, if any, filed in the proceedings before the justice, and
(c)
such additional evidence or exhibits as may be tendered by the prosecutor or the accused,
and shall either
(d)
dismiss the application, or
(e)
if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted.
Limitation of further applications
(9)
Where an application under this section or section 520 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.
Application of sections 517, 518 and 519
(10)
The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

Warrant for detention R.S., 1985, c. C-46, s. 521; R.S., 1985, c. 27 (1st Supp.), s. 87; 1994, c. 44, s. 47; 1999, c. 3, s. 32.

Interim release by judge only 522. (1) Where an accused is charged with an offence listed in section 469, no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial.

Idem

(2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

Order re no communication

(2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary.

Release of accused

(3)
If the judge does not order that the accused be detained in custody under subsection (2), the judge may order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsections 515(4), (4.1) and (4.2) as the judge considers desirable.
Order not reviewable except under section 680
(4)
An order made under this section is not subject to review, except as provided in section 680.
Application of sections 517, 518 and 519
(5)
The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2).
Other offences
(6)
Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

R.S., 1985, c. C-46, s. 522; R.S., 1985, c. 27 (1st Supp.), s. 88; 1991, c. 40, s. 32; 1994, c. 44, s. 48; 1999, c. 25, s. 10(Preamble).

Period for which appearance notice, etc., continues in force

523. (1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into,

(a)
where the accused was released from custody pursuant to an order of a judge made under subsection 522(3), until his trial is completed; or
(b)
in any other case,
(i)
until his trial is completed, and
(ii)
where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.

Where new information charging same offence

(1.1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or is being detained or has been released from custody under or by virtue of any provision of this Part and after the order for interim release or detention has been made, or the appearance notice, promise to appear, summons, undertaking or recognizance has been issued, given or entered into, a new information, charging the same offence or an included offence, is received, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for interim release or detention of the accused and the appearance notice, promise to appear, summons, undertaking or recognizance, if any, applies in respect of the new information.

Order vacating previous order for release or detention

(2)
Notwithstanding subsections (1) and (1.1),
(a)
the court, judge or justice before which or whom an accused is being tried, at any time,
(b)
the justice, on completion of the preliminary inquiry in relation to an offence for which an accused is ordered to stand trial, other than an offence listed in section 469, or
(c)
with the consent of the prosecutor and the accused or, where the accused or the prosecutor applies to vacate an order that would otherwise apply pursuant to subsection (1.1), without such consent, at any time
(i)
where the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice,
(ii)
where the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, or

(iii) the court, judge or justice before which or whom an accused is to be tried,

may, on cause being shown, vacate any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused until his trial is completed that the court, judge or justice considers to be warranted.

Provisions applicable to proceedings under subsection (2)

(3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469.

R.S., 1985, c. C-46, s. 523; R.S., 1985, c. 27 (1st Supp.), s. 89.

Arrest of Accused on Interim Release

Issue of warrant for arrest of accused

524. (1) Where a justice is satisfied that there are reasonable grounds to believe that an accused

(a)
has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or
(b)
has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

he may issue a warrant for the arrest of the accused.

Arrest of accused without warrant

(2)
Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused
(a)
has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or
(b)
has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

may arrest the accused without warrant.

Hearing

(3)
Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall
(a)
where the accused was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court; or
(b)
in any other case, hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.
Retention of accused
(4)
Where an accused described in paragraph (3)(a) is taken before a judge and the judge finds
(a)
that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or
(b)
that there are reasonable grounds to believe that the accused has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

Release of accused

(5)
Where the judge does not order that the accused be detained in custody pursuant to subsection (4), he may order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsection 515(4) or, where the accused was at large on an undertaking or a recognizance with conditions, such additional conditions, described in subsection 515(4), as the judge considers desirable.
Order not reviewable
(6)
Any order made under subsection (4) or (5) is not subject to review, except as provided in section 680.
Release of accused
(7)
Where the judge does not make a finding under paragraph (4)(a) or (b), he shall order that the accused be released from custody.
Powers of justice after hearing
(8)
Where an accused described in subsection (3), other than an accused to whom paragraph (a) of that subsection applies, is taken before the justice and the justice finds
(a)
that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or
(b)
that there are reasonable grounds to believe that the accused has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

Release of accused

(9)
Where an accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), the justice shall order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the justice considers desirable.
Reasons
(10)
Where the justice makes an order under subsection (9), he shall include in the record a statement of his reasons for making the order, and subsection 515(9) is applicable with such modifications as the circumstances require in respect thereof.
Where justice to order that accused be released
(11)
Where the justice does not make a finding under paragraph (8)(a) or (b), he shall order that the accused be released from custody.
Provisions applicable to proceedings under this section
(12)
The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 522.
Certain provisions applicable to order under this section
(13)
Section 520 applies in respect of any order made under subsection (8) or (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2) or (5), and section 521 applies in respect of any order made under subsection (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2).

R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33.

Review of Detention where Trial Delayed

Time for application to judge

525. (1) Where an accused who has been charged with an offence other than an offence listed in section 469 and who is not required to be detained in custody in respect of any other matter is being detained in custody pending his trial for that offence and the trial has not commenced

(a)
in the case of an indictable offence, within ninety days from
(i)
the day on which the accused was taken before a justice under section 503, or
(ii)
where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision, or
(b)
in the case of an offence for which the accused is being prosecuted in proceedings by way of summary conviction, within thirty days from
(i)
the day on which the accused was taken before a justice under subsection 503(1), or
(ii)
where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision,

the person having the custody of the accused shall, forthwith on the expiration of those ninety or thirty days, as the case may be, apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody.

Notice of hearing

(2)
On receiving an application under subsection (1), the judge shall
(a)
fix a date for the hearing described in subsection (1) to be held in the jurisdiction
(i)
where the accused is in custody, or
(ii)
where the trial is to take place; and
(b)
direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.
Matters to be considered on hearing
(3)
On the hearing described in subsection (1), the judge may, in deciding whether or not the accused should be released from custody, take into consideration whether the prosecutor or the accused has been responsible for any unreasonable delay in the trial of the charge.
Order
(4)
If, following the hearing described in subsection (1), the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall order that the accused be released from custody pending the trial of the charge on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsection 515(4) as the judge considers desirable.
Warrant of judge for arrest
(5)
Where a judge having jurisdiction in the province where an order under subsection (4) for the release of an accused has been made is satisfied that there are reasonable grounds to believe that the accused
(a)
has contravened or is about to contravene the undertaking or recognizance on which he has been released, or
(b)
has, after his release from custody on his undertaking or recognizance, committed an indictable offence,

he may issue a warrant for the arrest of the accused.

Arrest without warrant by peace officer

(6)
Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused who has been released from custody under subsection (4)
(a)
has contravened or is about to contravene the undertaking or recognizance on which he has been released, or
(b)
has, after his release from custody on his undertaking or recognizance, committed an indictable offence,

may arrest the accused without warrant and take him or cause him to be taken before a judge having jurisdiction in the province where the order for his release was made.

Hearing and order

(7)
A judge before whom an accused is taken pursuant to a warrant issued under subsection (5) or pursuant to subsection (6) may, where the accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the judge considers desirable.
Provisions applicable to proceedings
(8)
The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section.
Directions for expediting trial
(9)
Where an accused is before a judge under any of the provisions of this section, the judge may give directions for expediting the trial of the accused.

R.S., 1985, c. C-46, s. 525; R.S., 1985, c. 27 (1st Supp.), s. 90; 1994, c. 44, s. 49; 1997, c. 18, s. 61.

Directions for expediting proceedings

526. Subject to subsection 525(9), a court, judge or justice before which or whom an accused appears pursuant to this Part may give directions for expediting any proceedings in respect of the accused.

R.S., 1985, c. C-46, s. 526; R.S., 1985, c. 27 (1st Supp.), s. 91.

Procedure to Procure Attendance of a Prisoner

Procuring attendance

527. (1) A judge of a superior court of criminal jurisdiction may order in writing that a person who is confined in a prison be brought before the court, judge, justice or provincial court judge before whom the prisoner is required to attend, from day to day as may be necessary, if

(a)
the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and
(b)
the judge is satisfied that the ends of justice require that an order be made. Provincial court judge’s order
(2)
A provincial court judge has the same powers for the purposes of subsection (1) or (7) as a judge has under that subsection where the person whose attendance is required is within the province in which the provincial court judge has jurisdiction.
Conveyance of prisoner
(3)
An order that is made under subsection (1) or (2) shall be addressed to the person who has custody of the prisoner, and on receipt thereof that person shall
(a)
deliver the prisoner to any person who is named in the order to receive him; or
(b)
bring the prisoner before the court, judge, justice or provincial court judge, as the case may be, on payment of his reasonable charges in respect thereof.
Detention of prisoner required as witness
(4)
Where a prisoner is required as a witness, the judge or provincial court judge shall direct, in the order, the manner in which the prisoner shall be kept in custody and returned to the prison from which he is brought.
Detention in other cases
(5)
Where the appearance of a prisoner is required for the purposes of paragraph (1)(a) or (b), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is
(a)
to be kept in custody, if he is ordered to stand trial; or
(b)
to be returned, if he is discharged on a preliminary inquiry or if he is acquitted of the charge against him.
Application of sections respecting sentence
(6)
Sections 718.3 and 743.1 apply where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge.
Transfer of prisoner
(7)
On application by the prosecutor, a judge of a superior court of criminal jurisdiction may, if a prisoner or a person in the custody of a peace officer consents in writing, order the transfer of the prisoner or other person to the custody of a peace officer named in the order for a period specified in the order, where the judge is satisfied that the transfer is required for the purpose of assisting a peace officer acting in the execution of his or her duties.
Conveyance of prisoner
(8)
An order under subsection (7) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall deliver the prisoner to the peace officer who is named in the order to receive him.
Return
(9)
When the purposes of any order made under this section have been carried out, the prisoner shall be returned to the place where he was confined at the time the order was made.

R.S., 1985, c. C-46, s. 527; R.S., 1985, c. 27 (1st Supp.), ss. 92, 101(E), 203; 1994, c. 44,

s. 50; 1995, c. 22, s. 10; 1997, c. 18, s. 62.

Endorsement of Warrant

Endorsing warrant

528. (1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant.

Copy of affidavit or warrant

(1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1).

Effect of endorsement

(2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division.

R.S., 1985, c. C-46, s. 528; R.S., 1985, c. 27 (1st Supp.), s. 93; 1994, c. 44, s. 51.

Powers to Enter Dwelling-houses to Carry out Arrests

Including authorization to enter in warrant of arrest

529. (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house.

Execution

(2) An authorization to enter a dwelling-house granted under subsection (1) is subject to the condition that the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

R.S., 1985, c. C-46, s. 529; 1994, c. 44, s. 52; 1997, c. 39, s. 2.

Warrant to enter dwelling-house

529.1 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that

(a)
a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;
(b)
grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or
(c)
grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act.

1997, c. 39, s. 2; 2002, c. 13, s. 23.

Reasonable terms and conditions

529.2 Subject to section 529.4, the judge or justice shall include in a warrant referred to in section 529 or 529.1 any terms and conditions that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances.

1997, c. 39, s. 2.

Authority to enter dwelling without warrant

529.3 (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

Exigent circumstances

(2)
For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer
(a)
has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or
(b)
has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

1997, c. 39, s. 2.

Omitting announcement before entry

529.4 (1) A judge or justice who authorizes a peace officer to enter a dwelling-house under section 529 or 529.1, or any other judge or justice, may authorize the peace officer to enter the dwelling-house without prior announcement if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that prior announcement of the entry would

(a)
expose the peace officer or any other person to imminent bodily harm or death; or
(b)
result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.
Execution of authorization
(2)
An authorization under this section is subject to the condition that the peace officer may not enter the dwelling-house without prior announcement despite being authorized to do so unless the peace officer has, immediately before entering the dwelling-house,
(a)
reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or
(b)
reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.
Exception
(3)
A peace officer who enters a dwelling-house without a warrant under section 529.3 may not enter the dwelling-house without prior announcement unless the peace officer has, immediately before entering the dwelling-house,
(a)
reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or
(b)
reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

1997, c. 39, s. 2.

Telewarrant

529.5 If a peace officer believes that it would be impracticable in the circumstances to appear personally before a judge or justice to make an application for a warrant under section 529.1 or an authorization under section 529 or 529.4, the warrant or authorization may be issued on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with any modifications that the circumstances require, to the warrant or authorization.

1997, c. 39, s. 2.

PART XVII LANGUAGE OF ACCUSED

Language of accused

530. (1) On application by an accused whose language is one of the official languages of Canada, made not later than

(a)
the time of the appearance of the accused at which his trial date is set, if
(i)
he is accused of an offence mentioned in section 553 or punishable on summary conviction, or
(ii)
the accused is to be tried on an indictment preferred under section 577,
(b)
the time of the accused’s election, if the accused elects under section 536 to be tried by a provincial court judge or under section 536.1 to be tried by a judge without a jury and without having a preliminary inquiry, or
(c)
the time when the accused is ordered to stand trial, if the accused
(i)
is charged with an offence listed in section 469,
(ii)
has elected to be tried by a court composed of a judge or a judge and jury, or

(iii) is deemed to have elected to be tried by a court composed of a judge and jury,

a justice of the peace, provincial court judge or judge of the Nunavut Court of Justice shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.

Idem

(2)
On application by an accused whose language is not one of the official languages of Canada, made not later than whichever of the times referred to in paragraphs (1)(a) to (c) is applicable, a justice of the peace or provincial court judge may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the justice or provincial court judge, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.
(3)
The justice of the peace or provincial court judge before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Remand
(4)
Where an accused fails to apply for an order under subsection (1) or (2) and the justice of the peace, provincial court judge or judge before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
Variation of order
(5)
An order under this section that a trial be held in one of the official languages of Canada may, if the circumstances warrant, be varied by the court to require that it be held in both official languages of Canada, and vice versa.
Circumstances warranting order directing trial in both official languages
(6)
The facts that two or more accused who are to be tried together are each entitled to be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak one of the official languages of Canada and that those official languages are different may constitute circumstances that warrant that an order be granted directing that they be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages of Canada.

Accused to be advised of right R.S., 1985, c. C-46, s. 530; R.S., 1985, c. 27 (1st Supp.), ss. 94, 203; 1999, c. 3, s. 34; 2008, c. 18, s. 18.

Previous Version

Translation of documents

530.01 (1) If an order is granted under section 530, a prosecutor — other than a private prosecutor — shall, on application by the accused,

(a)
cause the portions of an information or indictment against the accused that are in an official language that is not that of the accused or that in which the accused can best give testimony to be translated into the other official language; and
(b)
provide the accused with a written copy of the translated text at the earliest possible time.
Original version prevails
(2)
In the case of a discrepancy between the original version of a document and the translated text, the original version shall prevail.

2008, c. 18, s. 19. If order granted

530.1 If an order is granted under section 530,

(a)
the accused and his counsel have the right to use either official language for all purposes during the preliminary inquiry and trial of the accused;
(b)
the accused and his counsel may use either official language in written pleadings or other documents used in any proceedings relating to the preliminary inquiry or trial of the accused;
(c)
any witness may give evidence in either official language during the preliminary inquiry or trial;

(c.1) the presiding justice or judge may, if the circumstances warrant, authorize the prosecutor to examine or cross-examine a witness in the official language of the witness even though it is not that of the accused or that in which the accused can best give testimony;

(d)
the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language of the accused or both official languages, as the case may be;
(e)
the accused has a right to have a prosecutor — other than a private prosecutor — who speaks the official language of the accused or both official languages, as the case may be;
(f)
the court shall make interpreters available to assist the accused, his counsel or any witness during the preliminary inquiry or trial;
(g)
the record of proceedings during the preliminary inquiry or trial shall include
(i)
a transcript of everything that was said during those proceedings in the official language in which it was said,
(ii)
a transcript of any interpretation into the other official language of what was said, and

(iii) any documentary evidence that was tendered during those proceedings in the official language in which it was tendered; and

(h) any trial judgment, including any reasons given therefor, issued in writing in either official language, shall be made available by the court in the official language that is the language of the accused.

R.S., 1985, c. 31 (4th Supp.), s. 94; 2008, c. 18, s. 20.

Previous Version

Language used in proceeding

530.2 (1) If an order is granted directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages, the justice or judge presiding over a preliminary inquiry or trial may, at the start of the proceeding, make an order setting out the circumstances in which, and the extent to which, the prosecutor and the justice or judge may use each official language.

Right of the accused

(2) Any order granted under this section shall, to the extent possible, respect the right of the accused to be tried in his or her official language.

2008, c. 18, s. 21.

Change of venue

531. Despite any other provision of this Act but subject to any regulations made under section 533, if an order made under section 530 cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried, the court shall, except if that territorial division is in the Province of New Brunswick, order that the trial of the accused be held in another territorial division in the same province.

R.S., 1985, c. C-46, s. 531; R.S., 1985, c. 27 (1st Supp.), s. 203; 2008, c. 18, s. 21.

Previous Version

Saving

532. Nothing in this Part or the Official Languages Act derogates from or otherwise adversely affects any right afforded by a law of a province in force on the coming into force of this Part in that province or thereafter coming into force relating to the language of proceedings or testimony in criminal matters that is not inconsistent with this Part or that Act.

1977-78, c. 36, s. 1.

Regulations

533. The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively.

R.S., 1985, c. C-46, s. 533; 1993, c. 28, s. 78; 2002, c. 7, s. 144.

Previous Version

Review

533.1 (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Report

(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

2008, c. 18, s. 21.1.

534. [Repealed, 1997, c. 18, s. 63]

PART XVIII

PROCEDURE ON PRELIMINARY INQUIRY

Jurisdiction

Inquiry by justice 535. If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

R.S., 1985, c. C-46, s. 535; R.S., 1985, c. 27 (1st Supp.), s. 96; 2002, c. 13, s. 24.

Previous Version

Remand by justice to provincial court judge in certain cases

536. (1) Where an accused is before a justice other than a provincial court judge charged with an offence over which a provincial court judge has absolute jurisdiction under section 553, the justice shall remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed.

Election before justice in certain cases

(2) If an accused is before a justice charged with an indictable offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

Procedure where accused elects trial by provincial court judge

(3)
Where an accused elects to be tried by a provincial court judge, the justice shall endorse on the information a record of the election and shall
(a)
where the justice is not a provincial court judge, remand the accused to appear and plead to the charge before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed; or
(b)
where the justice is a provincial court judge, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.
Request for preliminary inquiry
(4)
If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

Endorsement on the information

(4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

(a)
the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
(b)
whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Preliminary inquiry if two or more accused

(4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them.

When no request for preliminary inquiry

(4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.

Jurisdiction

(5) Where a justice before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice having jurisdiction in the province where the offence with which the accused is charged is alleged to have been committed has jurisdiction for the purposes of subsection (4).

R.S., 1985, c. C-46, s. 536; R.S., 1985, c. 27 (1st Supp.), s. 96; 2002, c. 13, s. 25; 2004, c. 12, s. 9.

Previous Version

Remand by justice — Nunavut

536.1 (1) If an accused is before a justice of the peace charged with an indictable offence mentioned in section 553, the justice of the peace shall remand the accused to appear before a judge.

Election before justice in certain cases — Nunavut

(2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

Request for preliminary inquiry — Nunavut

(3)
If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.
Endorsement on the information
(4)
If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(a)
the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
(b)
whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Preliminary inquiry if two or more accused

(4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.

Procedure if accused elects trial by judge — Nunavut

(4.2) If no request for a preliminary inquiry is made under subsection (3),

(a)
if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or
(b)
if the accused is before a judge, the judge shall
(i)
if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or
(ii)
if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.
Jurisdiction — Nunavut
(5)
If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3).
Application to Nunavut
(6)
This section, and not section 536, applies in respect of criminal proceedings in
Nunavut.
1999, c. 3, s. 35; 2002, c. 13, s. 26; 2004, c. 12, s. 10.


Previous Version Elections and re-elections in writing

536.2 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused.

2002, c. 13, s. 27.

Procedures before Preliminary Inquiry

Statement of issues and witnesses

536.3 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies

(a)
the issues on which the requesting party wants evidence to be given at the inquiry; and
(b)
the witnesses that the requesting party wants to hear at the inquiry.
2002, c. 13, s. 27.
Order for hearing


536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice’s own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to

(a)
assist the parties to identify the issues on which evidence will be given at the inquiry;
(b)
assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses’ needs and circumstances; and
(c)
encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.
Agreement to be recorded
(2)
When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties.

2002, c. 13, s. 27.
Agreement to limit scope of preliminary inquiry

536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.

2002, c. 13, s. 27.

Powers of Justice

Powers of justice

537. (1) A justice acting under this Part may

(a)
adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the justice usually sits or for any other sufficient reason;
(b)
remand the accused to custody for the purposes of the Identification of Criminals Act;
(c)
except where the accused is authorized pursuant to Part XVI to be at large, remand the accused to custody in a prison by warrant in Form 19;
(d)
resume an inquiry before the expiration of a period for which it has been adjourned with the consent of the prosecutor and the accused or his counsel;
(e)
order in writing, in Form 30, that the accused be brought before him, or any other justice for the same territorial division, at any time before the expiration of the time for which the accused has been remanded;
(f)
grant or refuse permission to the prosecutor or his counsel to address him in support of the charge, by way of opening or summing up or by way of reply on any evidence that is given on behalf of the accused;
(g)
receive evidence on the part of the prosecutor or the accused, as the case may be, after hearing any evidence that has been given on behalf of either of them;
(h)
order that no person other than the prosecutor, the accused and their counsel shall have access to or remain in the room in which the inquiry is held, where it appears to him that the ends of justice will be best served by so doing;
(i)
regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;
(j)
where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken;

(j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and (k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

Section 715

(1.01) Where a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during his or her absence could still be admissible under section 715.

Inappropriate questioning

(1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate.

Change of venue

(2)
Where a justice changes the place of hearing under paragraph (1)(a) to a place in the same province, other than a place in a territorial division in which the justice has jurisdiction, any justice who has jurisdiction in the place to which the hearing is changed may continue the hearing.
(3)
and (4) [Repealed, 1991, c. 43, s. 9]

R.S., 1985, c. C-46, s. 537; 1991, c. 43, s. 9; 1994, c. 44, s. 53; 1997, c. 18, s. 64; 2002, c.
13, s. 28; 2008, c. 18, s. 22.
Previous Version
Organization

538. Where an accused is an organization, subsections 556(1) and (2) apply with such modifications as the circumstances require.

R.S., 1985, c. C-46, s. 538; 2003, c. 21, s. 8. Previous Version

Taking Evidence of Witnesses

Order restricting publication of evidence taken at preliminary inquiry 539. (1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry

(a)
may, if application therefor is made by the prosecutor, and
(b)
shall, if application therefor is made by any of the accused,
make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,
(c)
he or she is discharged, or
(d)
if he or she is ordered to stand trial, the trial is ended. Accused to be informed of right to apply for order
(2)
Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).
Failure to comply with order
(3)
Every one who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.
(4)
[Repealed, 2005, c. 32, s. 18]
R.S., 1985, c. C-46, s. 539; R.S., 1985, c. 27 (1st Supp.), s. 97; 2005, c. 32, s. 18.
Previous Version
Taking evidence



540. (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall

(a)
take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and
(b)
cause a record of the evidence of each witness to be taken
(i)
in legible writing in the form of a deposition, in Form 31, or by a stenographer appointed by him or pursuant to law, or
(ii)
in a province where a sound recording apparatus is authorized by or under provincial legislation for use in civil cases, by the type of apparatus so authorized and in accordance with the requirements of the provincial legislation.
Reading and signing depositions
(2)
Where a deposition is taken down in writing, the justice shall, in the presence of the accused, before asking the accused if he wishes to call witnesses,
(a)
cause the deposition to be read to the witness;
(b)
cause the deposition to be signed by the witness; and
(c)
sign the deposition himself. Authentication by justice
(3)
Where depositions are taken down in writing, the justice may sign
(a)
at the end of each deposition; or
(b)
at the end of several or of all the depositions in a manner that will indicate that his signature is intended to authenticate each deposition.
Stenographer to be sworn
(4)
Where the stenographer appointed to take down the evidence is not a duly sworn court stenographer, he shall make oath that he will truly and faithfully report the evidence.
Authentication of transcript
(5)
Where the evidence is taken down by a stenographer appointed by the justice or pursuant to law, it need not be read to or signed by the witnesses, but, on request of the justice or of one of the parties, shall be transcribed, in whole or in part, by the stenographer and the transcript shall be accompanied by
(a)
an affidavit of the stenographer that it is a true report of the evidence; or
(b)
a certificate that it is a true report of the evidence if the stenographer is a duly sworn court stenographer.
Transcription of record taken by sound recording apparatus
(6)
Where, in accordance with this Act, a record is taken in any proceedings under this Act by a sound recording apparatus, the record so taken shall, on request of the justice or

of one of the parties, be dealt with and transcribed, in whole or in part, and the transcription certified and used in accordance with the provincial legislation, with such modifications as the circumstances require mentioned in subsection (1).

Evidence

(7)
A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.
Notice of intention to tender
(8)
Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.
Appearance for examination
(9)
The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7).

R.S., 1985, c. C-46, s. 540; R.S., 1985, c. 27 (1st Supp.), s. 98; 1997, c. 18, s. 65; 2002, c. 13, s. 29.

Previous Version

Hearing of witnesses

541. (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, where required by this Part, has been read, the justice shall, subject to this section, hear the witnesses called by the accused.

Contents of address to accused

(2) Before hearing any witness called by an accused who is not represented by counsel, the justice shall address the accused as follows or to the like effect:

“Do you wish to say anything in answer to these charges or to any other charges which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.”

Statement of accused

(3)
Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.
Witnesses for accused
(4)
Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after subsections (2) and (3) have been complied with.
Depositions of such witnesses
(5)
The justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with such modifications as the circumstances require.

R.S., 1985, c. C-46, s. 541; R.S., 1985, c. 27 (1st Supp.), s. 99; 1994, c. 44, s. 54.

Confession or admission of accused

542. (1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him.

Restriction of publication of reports of preliminary inquiry

(2)
Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless
(a)
the accused has been discharged, or
(b)
if the accused has been ordered to stand trial, the trial has ended,
is guilty of an offence punishable on summary conviction.

(3)
[Repealed, 2005, c. 32, s. 19]
R.S., 1985, c. C-46, s. 542; R.S., 1985, c. 27 (1st Supp.), s. 101(E); 2005, c. 32, s. 19.
Previous Version


Remand Where Offence Committed in Another Jurisdiction

Order that accused appear or be taken before justice where offence committed

543. (1) Where an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which he has been charged, the justice before whom he appears or is brought may, at any stage of the inquiry after hearing both parties,

(a)
order the accused to appear, or
(b)
if the accused is in custody, issue a warrant in Form 15 to convey the accused

before a justice having jurisdiction in the place where the offence is alleged to have been committed, who shall continue and complete the inquiry.

Transmission of transcript and documents and effect of order or warrant

(2)
Where a justice makes an order or issues a warrant pursuant to subsection (1), he shall cause the transcript of any evidence given before him in the inquiry and all documents that were then before him and that are relevant to the inquiry to be transmitted to a justice having jurisdiction in the place where the offence is alleged to have been committed and
(a)
any evidence the transcript of which is so transmitted shall be deemed to have been taken by the justice to whom it is transmitted; and
(b)
any appearance notice, promise to appear, undertaking or recognizance issued to or given or entered into by the accused under Part XVI shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).

R.S., c. C-34, s. 471; R.S., c. 2(2nd Supp.), s. 7.

Absconding Accused

Accused absconding during inquiry

544. (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged,

(a)
he shall be deemed to have waived his right to be present at the inquiry, and
(b)
the justice
(i)
may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or
(ii)
if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance,

but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused.

Adverse inference

(2)
Where the justice continues a preliminary inquiry pursuant to subsection (1), he may draw an inference adverse to the accused from the fact that he has absconded.
Accused not entitled to re-opening
(3)
Where an accused reappears at a preliminary inquiry that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the justice is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the inquiry.
Counsel for accused may continue to act
(4)
Where an accused has absconded during the course of a preliminary inquiry and the justice continues the inquiry, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.
Accused calling witnesses
(5)
Where, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued pursuant to subsection (1), the accused is absent but counsel for the accused is present, he or she shall be given an opportunity to call witnesses on behalf of the accused and subsection 541(5) applies with such modifications as the circumstances require.

R.S., 1985, c. C-46, s. 544; 1994, c. 44, s. 55.

Procedure where Witness Refuses to Testify

Witness refusing to be examined

545. (1) Where a person, being present at a preliminary inquiry and being required by the justice to give evidence,

(a)
refuses to be sworn,
(b)
having been sworn, refuses to answer the questions that are put to him,
(c)
fails to produce any writings that he is required to produce, or
(d)
refuses to sign his deposition,

without offering a reasonable excuse for his failure or refusal, the justice may adjourn the inquiry and may, by warrant in Form 20, commit the person to prison for a period not exceeding eight clear days or for the period during which the inquiry is adjourned, whichever is the lesser period.

Further commitment

(2)
Where a person to whom subsection (1) applies is brought before the justice on the resumption of the adjourned inquiry and again refuses to do what is required of him, the justice may again adjourn the inquiry for a period not exceeding eight clear days and commit him to prison for the period of adjournment or any part thereof, and may adjourn the inquiry and commit the person to prison from time to time until the person consents to do what is required of him.
Saving
(3)
Nothing in this section shall be deemed to prevent the justice from sending the case for trial on any other sufficient evidence taken by him.

R.S., c. C-34, s. 472.

Remedial Provisions

Irregularity or variance not to affect validity

546. The validity of any proceeding at or subsequent to a preliminary inquiry is not affected by

(a)
any irregularity or defect in the substance or form of the summons or warrant;
(b)
any variance between the charge set out in the summons or warrant and the charge set out in the information; or
(c)
any variance between the charge set out in the summons, warrant or information and the evidence adduced by the prosecution at the inquiry.

R.S., c. C-34, s. 473.

Adjournment if accused misled

547. Where it appears to the justice that the accused has been deceived or misled by any irregularity, defect or variance mentioned in section 546, he may adjourn the inquiry and may remand the accused or grant him interim release in accordance with Part XVI.

R.S., c. C-34, s. 474; 1974-75-76, c. 93, s. 59.1.

Inability of justice to continue

547.1 Where a justice acting under this Part has commenced to take evidence and dies or is unable to continue for any reason, another justice may

(a)
continue taking the evidence at the point at which the interruption in the taking of the evidence occurred, where the evidence was recorded pursuant to section 540 and is available; or
(b)
commence taking the evidence as if no evidence had been taken, where no evidence was recorded pursuant to section 540 or where the evidence is not available.

R.S., 1985, c. 27 (1st Supp.), s. 100.

Adjudication and Recognizances

Order to stand trial or discharge

548. (1) When all the evidence has been taken by the justice, he shall

(a)
if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or
(b)
discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction.
Endorsing charge
(2)
Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial.

Where accused ordered to stand trial (2.1) A justice who orders that an accused is to stand trial has the power to fix the date for the trial or the date on which the accused must appear in the trial court to have that date fixed.

Defect not to affect validity

(3) The validity of an order to stand trial is not affected by any defect apparent on the face of the information in respect of which the preliminary inquiry is held or in respect of any charge on which the accused is ordered to stand trial unless, in the opinion of the court before which an objection to the information or charge is taken, the accused has been misled or prejudiced in his defence by reason of that defect.

R.S., 1985, c. C-46, s. 548; R.S., 1985, c. 27 (1st Supp.), s. 101; 1994, c. 44, s. 56.

Order to stand trial at any stage of inquiry with consent

549. (1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the prosecutor, order the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence.

Limited preliminary inquiry

(1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.

Procedure

(2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.

R.S., 1985, c. C-46, s. 549; R.S., 1985, c. 27 (1st Supp.), s. 101; 2002, c. 13, s. 30.

Previous Version

Recognizance of witness

550. (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused.

Form

(2)
A recognizance entered into pursuant to this section may be in Form 32, and may be set out at the end of a deposition or be separate therefrom.
Sureties or deposit for appearance of witness
(3)
A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section
(a)
to produce one or more sureties in such amount as he may direct; or
(b)
to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence.
Witness refusing to be bound
(4)
Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded.
Discharge
(5)
Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded.

R.S., 1985, c. C-46, s. 550; R.S., 1985, c. 27 (1st Supp.), s. 101.

Transmission of Record

Transmitting record

551. Where a justice orders an accused to stand trial, the justice shall forthwith send to the clerk or other proper officer of the court by which the accused is to be tried, the information, the evidence, the exhibits, the statement if any of the accused taken down in writing under section 541, any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

R.S., 1985, c. C-46, s. 551; R.S., 1985, c. 27 (1st Supp.), s. 102.

PART XIX INDICTABLE OFFENCES — TRIAL WITHOUT JURY Interpretation

Definitions

552. In this Part, “judge” « juge » “judge” means,

(a)
in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,
(b)
in the Province of Quebec, a judge of the Court of Quebec,
(c)
in the Province of Nova Scotia, a judge of the superior court of criminal jurisdiction of the Province,
(d)
in the Province of New Brunswick, a judge of the Court of Queen’s Bench,
(e)
in the Province of British Columbia, the Chief Justice or a puisne judge of the Supreme Court,
(f)
in the Provinces of Prince Edward Island and Newfoundland, a judge of the Supreme Court,
(g)
in the Province of Manitoba, the Chief Justice or a puisne judge of the Court of Queen’s Bench,
(h)
in the Provinces of Saskatchewan and Alberta, a judge of the superior court of criminal jurisdiction of the province,
(i)
in Yukon and the Northwest Territories, a judge of the Supreme Court, and
(j)
in Nunavut, a judge of the Nunavut Court of Justice. “magistrate” [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 103]

R.S., 1985, c. C-46, s. 552; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), s. 103, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 6, c. 17, s. 13; 1992, c. 51, s. 38; 1999, c. 3, s. 36; 2002, c. 7, s. 145.

Previous Version

Jurisdiction of Provincial Court Judges Absolute Jurisdiction

Absolute jurisdiction

553. The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information

(a)
with
(i)
theft, other than theft of cattle,
(ii)
obtaining money or property by false pretences,

(iii) unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment,

(iv)
having, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security, or
(v)
mischief under subsection 430(4),
where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed five thousand dollars;
(b)
with counselling or with a conspiracy or attempt to commit or with being an accessory after the fact to the commission of
(i)
any offence referred to in paragraph (a) in respect of the subject-matter and value thereof referred to in that paragraph, or
(ii)
any offence referred to in paragraph (c); or
(c)
with an offence under
(i)
section 201 (keeping gaming or betting house),
(ii)
section 202 (betting, pool-selling, book-making, etc.),

(iii) section 203 (placing bets),

(iv)
section 206 (lotteries and games of chance),
(v)
section 209 (cheating at play),
(vi)
section 210 (keeping common bawdy-house),

(vii) [Repealed, 2000, c. 25, s. 4]

(viii) section 393 (fraud in relation to fares),

(viii.01) section 490.031 (failure to comply with order or obligation),

(viii.02) section 490.0311 (providing false or misleading information),

(viii.1) section 811 (breach of recognizance),

(ix)
subsection 733.1(1) (failure to comply with probation order),
(x)
paragraph 4(4)(a) of the Controlled Drugs and Substances Act, or
(xi)
subsection 5(4) of the Controlled Drugs and Substances Act.

R.S., 1985, c. C-46, s. 553; R.S., 1985, c. 27 (1st Supp.), s. 104; 1992, c. 1, s. 58; 1994, c. 44, s. 57; 1995, c. 22, s. 2; 1996, c. 19, s. 72; 1997, c. 18, s. 66; 1999, c. 3, s. 37; 2000, c. 25, s. 4; 2010, c. 17, s. 25.

Previous Version

Provincial Court Judge’s Jurisdiction with Consent

Trial by provincial court judge with consent

554. (1) Subject to subsection (2), if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge.

Nunavut (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.

R.S., 1985, c. C-46, s. 554; R.S., 1985, c. 27 (1st Supp.), ss. 105, 203; 1999, c. 3, s. 38; 2002, c. 13, s. 31.

Previous Version

Provincial court judge may decide to hold preliminary inquiry

555. (1) Where in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, he may, at any time before the accused has entered on his defence, decide not to adjudicate and shall thereupon inform the accused of his decision and continue the proceedings as a preliminary inquiry.

Where subject-matter is a testamentary instrument or exceeds $5,000 in value

(2)
Where an accused is before a provincial court judge charged with an offence mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the provincial court judge shall put the accused to his or her election in accordance with subsection 536(2).
Continuing proceedings
(3)
Where an accused is put to his election pursuant to subsection (2), the following provisions apply, namely,
(a)
if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election; and
(b)
if the accused elects to be tried by a provincial court judge, the provincial court judge shall endorse on the information a record of the election and continue with the trial.

R.S., 1985, c. C-46, s. 555; R.S., 1985, c. 27 (1st Supp.), ss. 106, 203; 1994, c. 44, s. 58; 2002, c. 13, s. 32.

Previous Version Decision to hold preliminary inquiry — Nunavut

555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision and continue the proceedings as a preliminary inquiry.

If subject-matter is a testamentary instrument or exceeds $5,000 in value — Nunavut

(2)
If an accused is before a judge of the Nunavut Court of Justice charged with an indictable offence mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the judge shall put the accused to an election in accordance with subsection 536.1(2).
Continuation as preliminary inquiry — Nunavut
(3)
A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election.
Continuing proceedings — Nunavut
(4)
If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall endorse on the information a record of the election and continue with the trial.
Application to Nunavut
(5)
This section, and not section 555, applies in respect of criminal proceedings in Nunavut.

1999, c. 3, s. 39; 2002, c. 13, s. 33.

Previous Version

Organization

556. (1) An accused organization shall appear by counsel or agent.

Non-appearance

(2)
Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice
(a)
may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and
(b)
shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed.
Preliminary inquiry not requested
(3)
If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.
Preliminary inquiry not requested — Nunavut
(4)
If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

R.S., 1985, c. C-46, s. 556; R.S., 1985, c. 27 (1st Supp.), s. 107; 1999, c. 3, s. 40; 2002, c. 13, s. 34; 2003, c. 21, ss. 9, 22.

Previous Version

Taking evidence

557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries.

R.S., 1985, c. C-46, s. 557; R.S., 1985, c. 27 (1st Supp.), s. 203; 1999, c. 3, s. 41; 2002, c. 13, s. 35.

Previous Version

Jurisdiction of Judges

Judge’s Jurisdiction with Consent

Trial by judge without a jury 558. If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury.

R.S., 1985, c. C-46, s. 558; R.S., 1985, c. 27 (1st Supp.), s. 108; 1999, c. 3, s. 41.

Court of record

559. (1) A judge who holds a trial under this Part shall, for all purposes thereof and proceedings connected therewith or relating thereto, be a court of record.

Custody of records

(2) The record of a trial that a judge holds under this Part shall be kept in the court over which the judge presides.

R.S., c. C-34, s. 489.

Election

Duty of judge

560. (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall

(a)
on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or
(b)
on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,
fix a time and place for the trial of the accused. Notice by sheriff, when given
(2)
The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.
Duty of sheriff when date set for trial
(3)
Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused
(a)
shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and
(b)
shall be produced at the time and place so fixed. Duty of accused when not in custody
(4)
Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.
(5)
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109]

R.S., 1985, c. C-46, s. 560; R.S., 1985, c. 27 (1st Supp.), ss. 101(E), 109; 1999, c. 3, s.
42; 2002, c. 13, s. 36.
Previous Version
Right to re-elect

561. (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect

(a)
at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge;
(b)
at any time before the completion of the preliminary inquiry or before the fifteenth day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge; and
(c)
on or after the fifteenth day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor.
Right to re-elect
(2)
An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.
Notice
(3)
Where an accused wishes to re-elect under subsection (1) before the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,
(a)
in the case of a re-election under paragraph (1)(b), put the accused to his re-election in the manner set out in subsection (7); or
(b)
where the accused wishes to re-elect under paragraph (1)(a) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
Idem
(4)
Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect together with the written consent of the prosecutor, where that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.
Notice and transmitting record
(5)
Where an accused wishes to re-elect under subsection (1) after the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to a judge or clerk of the court of his original election who shall, on receipt of the notice, notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
Time and place for re-election
(6)
Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.
Proceedings on re-election
(7)
The accused shall attend or, if he is in custody, shall be produced at the time and place appointed under subsection (6) and shall, after
(a)
the charge on which he has been ordered to stand trial or the indictment, where an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or
(b)
in the case of a re-election under subsection (1) before the completion of the preliminary inquiry or under subsection (2), the information

has been read to the accused, be put to his re-election in the following words or in words to the like effect:

You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?

R.S., 1985, c. C-46, s. 561; R.S., 1985, c. 27 (1st Supp.), s. 110; 2002, c. 13, s. 37.

Previous Version

Right to re-elect with consent — Nunavut

561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.

Right to re-elect before trial — Nunavut

(2)
An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.
Right to re-elect at preliminary inquiry — Nunavut
(3)
An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 15th day after its completion.
Notice of re-election under subsection (1) or (3) — Nunavut
(4)
If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).
Notice at preliminary inquiry — Nunavut
(5)
If at a preliminary inquiry an accused wishes to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not wish to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the

judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.

Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut

(6)
If an accused who has not requested a preliminary inquiry under subsection 536.1(3) or who has had one wishes to re-elect under this section, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
(7)
[Repealed, 2002, c. 13, s. 38]
Time and place for re-election — Nunavut
(8)
On receipt of a notice given under any of subsections (4) to (7) that the accused wishes to re-elect, a judge shall immediately appoint a time and place for the accused to re-elect and shall cause notice of the time and place to be given to the accused and the prosecutor.
Proceedings on re-election — Nunavut
(9)
The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall, after
(a)
the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or
(b)
in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry or under subsection (2), the information

has been read to the accused, be put to a re-election in the following words or in words to the like effect:

You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?

Application to Nunavut

(10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.

1999, c. 3, s. 43; 2002, c. 13, s. 38.

Previous Version

Proceedings following re-election

562. (1) Where the accused re-elects under paragraph 561(1)(a) before the completion of the preliminary inquiry or under subsection 561(1) after the completion of the preliminary inquiry, the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.

Idem

(2) Where the accused re-elects under paragraph 561(1)(b) before the completion of the preliminary inquiry or under subsection 561(2), the justice shall proceed with the preliminary inquiry.

R.S., 1985, c. C-46, s. 562; R.S., 1985, c. 27 (1st Supp.), s. 110.

Proceedings following re-election — Nunavut

562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.

Proceedings following re-election — Nunavut

(2)
If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry.
Application to Nunavut
(3)
This section, and not section 562, applies in respect of criminal proceedings in
Nunavut.
1999, c. 3, s. 44; 2002, c. 13, s. 39.


Previous Version Proceedings on re-election to be tried by provincial court judge without jury

563. Where an accused re-elects under section 561 to be tried by a provincial court judge,

(a)
the accused shall be tried on the information that was before the justice at the preliminary inquiry, subject to any amendments thereto that may be allowed by the provincial court judge by whom the accused is tried; and
(b)
the provincial court judge before whom the re-election is made shall endorse on the information a record of the re-election.

R.S., 1985, c. C-46, s. 563; R.S., 1985, c. 27 (1st Supp.), s. 110. Proceedings on re-election to be tried by judge without jury — Nunavut

563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3),

(a)
the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, subject to any amendments that may be allowed by the judge by whom the accused is tried; and
(b)
the judge before whom the re-election is made shall endorse on the information a record of the re-election.
Application to Nunavut
(2)
This section, and not section 563, applies in respect of criminal proceedings in Nunavut.

1999, c. 3, s. 45; 2002, c. 13, s. 40. Previous Version

  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 110] Election deemed to have been made
  2. (1) Subject to subsection (1.1), if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if
(a)
the accused was ordered to stand trial by a provincial court judge who, pursuant to subsection 555(1), continued the proceedings before him as a preliminary inquiry;
(b)
the justice, provincial court judge or judge, as the case may be, declined pursuant to section 567 to record the election or re-election of the accused; or
(c)
the accused does not elect when put to an election under section 536. Nunavut

(1.1) With respect to criminal proceedings in Nunavut, if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and reelection, be deemed to have elected to be tried by a court composed of a judge and jury if

(a)
the accused was ordered to stand trial by a judge who, under subsection 555.1(1), continued the proceedings as a preliminary inquiry;
(b)
the justice of the peace or judge, as the case may be, declined pursuant to subsection 567.1(1) to record the election or re-election of the accused; or
(c)
the accused did not elect when put to an election under section 536.1.
When direct indictment preferred
(2)
If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may re-elect to be tried by a judge without a jury without a preliminary inquiry.
Notice of re-election
(3)
Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect to a judge or clerk of the court where the indictment has been filed or preferred who shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk the indictment and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, any summons or warrant issued under section 578, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
Application
(4)
Subsections 561(6) and (7), or subsections 561.1(8) and (9), as the case may be, apply to a re-election made under subsection (3).

R.S., 1985, c. C-46, s. 565; R.S., 1985, c. 27 (1st Supp.), s. 111; 1999, c. 3, s. 46; 2002, c. 13, s. 41; 2008, c. 18, s. 23.

Previous Version

Trial

Indictment 566. (1) The trial of an accused for an indictable offence, other than a trial before a provincial court judge, shall be on an indictment in writing setting forth the offence with which he is charged.

Preferring indictment

(2)
Where an accused elects under section 536 or re-elects under section 561 to be tried by a judge without a jury, an indictment in Form 4 may be preferred.
What counts may be included and who may prefer indictment
(3)
Section 574 and subsection 576(1) apply, with such modifications as the circumstances require, to the preferring of an indictment pursuant to subsection (2).

R.S., 1985, c. C-46, s. 566; R.S., 1985, c. 27 (1st Supp.), s. 111; 1997, c. 18, s. 67. Indictment — Nunavut

566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3), must be on an indictment in writing setting out the offence with which the accused is charged.

Preferring indictment — Nunavut

(2)
If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred.
What counts may be included and who may prefer indictment — Nunavut
(3)
Section 574 and subsection 576(1) apply, with any modifications that the circumstances require, to the preferring of an indictment under subsection (2).
Application to Nunavut
(4)
This section, and not section 566, applies in respect of criminal proceedings in Nunavut.

1999, c. 3, s. 47; 2002, c. 13, s. 42. Previous Version

General

Mode of trial when two or more accused

567. Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.

R.S., 1985, c. C-46, s. 567; R.S., 1985, c. 27 (1st Supp.), s. 111; 2002, c. 13, s. 43.

Previous Version

Mode of trial if two or more accused — Nunavut

567.1 (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.

Application to Nunavut

(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

1999, c. 3, s. 48; 2002, c. 13, s. 43.

Previous Version

Attorney General may require trial by jury

568. Even if an accused elects under section 536 or re-elects under section 561 or subsection 565(2) to be tried by a judge or provincial court judge, as the case may be, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held or the re-election was made under subsection 565(2).

R.S., 1985, c. C-46, s. 568; R.S., 1985, c. 27 (1st Supp.), s. 111; 2002, c. 13, s. 43; 2008,

c. 18, s. 24.

Previous Version

Attorney General may require trial by jury — Nunavut 569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2).

Application to Nunavut

(2) This section, and not section 568, applies in respect of criminal proceedings in Nunavut.

R.S., 1985, c. C-46, s. 569; R.S., 1985, c. 27 (1st Supp.), s. 111; 1999, c. 3, s. 49; 2002, c. 13, s. 44; 2008, c. 18, s. 24.1.

Previous Version

Record of conviction or order

570. (1) Where an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, shall cause a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, to be drawn up and shall deliver the certified copy to the person making the request.

Acquittal and record of acquittal

(2)
Where an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence and shall cause an order in Form 37 to be drawn up, and on request shall make out and deliver to the accused a certified copy of the order.
Transmission of record
(3)
Where an accused elects to be tried by a provincial court judge under this Part, the provincial court judge shall transmit the written charge, the memorandum of adjudication and the conviction, if any, into such custody as the Attorney General may direct.
(4)
A copy of a conviction in Form 35 or of an order in Form 36 or 37, certified by the judge or by the clerk or other proper officer of the court, or by the provincial court judge, as the case may be, or proved to be a true copy, is, on proof of the identity of the person to whom the conviction or order relates, sufficient evidence in any legal proceedings to prove the conviction of that person or the making of the order against that person or his acquittal, as the case may be, for the offence mentioned in the copy of the conviction or order.
Warrant of committal
(5)
Where an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue or cause to be issued a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.
Admissibility of certified copy
(6)
Where a warrant of committal is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

Proof of conviction, order or acquittal R.S., 1985, c. C-46, s. 570; R.S., 1985, c. 27 (1st Supp.), ss. 112, 203, c. 1 (4th Supp.), s. 18(F); 1994, c. 44, s. 59; 2003, c. 21, s. 10.

Previous Version

Adjournment

571. A judge or provincial court judge acting under this Part may from time to time adjourn a trial until it is finally terminated.

R.S., 1985, c. C-46, s. 571; R.S., 1985, c. 27 (1st Supp.), s. 203.

Application of Parts XVI, XVIII, XX and XXIII

572. The provisions of Part XVI, the provisions of Part XVIII relating to transmission of the record by a provincial court judge where he holds a preliminary inquiry, and the provisions of Parts XX and XXIII, in so far as they are not inconsistent with this Part, apply, with such modifications as the circumstances require, to proceedings under this Part.

R.S., 1985, c. C-46, s. 572; R.S., 1985, c. 27 (1st Supp.), s. 203.

PART XIX.1

NUNAVUT COURT OF JUSTICE

Nunavut Court of Justice

573. (1) The powers to be exercised and the duties and functions to be performed under this Act by a court of criminal jurisdiction, a summary conviction court, a judge, a provincial court judge, a justice or a justice of the peace may be exercised or performed by a judge of the Nunavut Court of Justice.

Status when exercising power

(2)
A power exercised or a duty or function performed by a judge of the Nunavut Court of Justice under subsection (1) is exercised or performed by that judge as a judge of a superior court.
Interpretation
(3)
Subsection (2) does not authorize a judge of the Nunavut Court of Justice who is presiding at a preliminary inquiry to grant a remedy under section 24 of the Canadian Charter of Rights and Freedoms.

R.S., 1985, c. C-46, s. 573; R.S., 1985, c. 27 (1st Supp.), s. 113; 1999, c. 3, s. 50.

Application for review — Nunavut

573.1 (1) An application for review may be made by the Attorney General or the accused, or by any person directly affected by the decision or order, to a judge of the Court of Appeal of Nunavut in respect of a decision or order of a judge of the Nunavut Court of Justice

(a)
relating to a warrant or summons;
(b)
relating to the conduct of a preliminary inquiry, including an order under subsection 548(1);
(c)
relating to a subpoena;
(d)
relating to the publication or broadcasting of information or access to the court room for all or part of the proceedings;
(e)
to refuse to quash an information or indictment; or
(f)
relating to the detention, disposal or forfeiture of any thing seized under a warrant or order.
Limitation
(2)
A decision or order may not be reviewed under this section if
(a)
the decision or order is of a kind that could only be made in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or
(b)
another statutory right of review is available. Grounds of review
(3)
The judge of the Court of Appeal of Nunavut may grant relief under subsection (4) only if the judge is satisfied that
(a)
in the case of any decision or order mentioned in subsection (1),
(i)
the judge of the Nunavut Court of Justice failed to observe a principle of natural justice or failed or refused to exercise the judge’s jurisdiction, or
(ii)
the decision or order was made as a result of an irrelevant consideration or for an improper purpose;
(b)
in the case of a decision or order mentioned in paragraph (1)(a), that
(i)
the judge failed to comply with a statutory requirement for the making of the decision or order,
(ii)
the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met,

(iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts,

(iv)
the warrant is so vague or lacking in particularity that it authorizes an unreasonable search, or
(v)
the warrant lacks a material term or condition that is required by law;
(c)
in the case of a decision or order mentioned in paragraph (1)(b), that the judge of the Nunavut Court of Justice
(i)
failed to follow a mandatory provision of this Act relating to the conduct of a preliminary inquiry,
(ii)
ordered the accused to stand trial when there was no evidence adduced on which a properly instructed jury acting reasonably could convict, or

(iii) discharged the accused when there was some evidence adduced on which a properly instructed jury acting reasonably could convict;

(d)
in the case of a decision or order mentioned in paragraph (1)(c) or (d), that the judge of the Nunavut Court of Justice erred in law;
(e)
in the case of a decision or order mentioned in paragraph (1)(e), that
(i)
the information or indictment failed to give the accused notice of the charge,
(ii)
the judge of the Nunavut Court of Justice did not have jurisdiction to try the offence, or

(iii) the provision creating the offence alleged to have been committed by the accused is unconstitutional; or

(f)
in the case of a decision or order mentioned in paragraph (1)(f), that
(i)
the judge failed to comply with a statutory requirement for the making of the decision or order,
(ii)
the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met, or

(iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts.

Powers of judge

(4)
On the hearing of the application for review, the judge of the Court of Appeal of Nunavut may do one or more of the following:
(a)
order a judge of the Nunavut Court of Justice to do any act or thing that the judge or any other judge of that court failed or refused to do or has delayed in doing;
(b)
prohibit or restrain a decision, order or proceeding of a judge of the Nunavut Court of Justice;
(c)
declare invalid or unlawful, quash or set aside, in whole or in part, a decision, order or proceeding of a judge of the Nunavut Court of Justice;
(d)
refer back for determination in accordance with any directions that the judge considers to be appropriate, a decision, order or proceeding of a judge of the Nunavut Court of Justice;
(e)
grant any remedy under subsection 24(1) of the Canadian Charter of Rights and Freedoms;
(f)
refuse to grant any relief if the judge is of the opinion that no substantial wrong or miscarriage of justice has occurred or that the subject-matter of the application should be determined at trial or on appeal; and
(g)
dismiss the application. Interim orders
(5)
If an application for review is made, a judge of the Court of Appeal of Nunavut may make any interim order that the judge considers appropriate pending the final disposition of the application for review.
Rules
(6)
A person who proposes to make an application for review shall do so in the manner and within the period that may be directed by rules of court, except that a judge of the Court of Appeal of Nunavut may at any time extend any period specified in the rules.
Appeal
(7)
An appeal lies to the Court of Appeal of Nunavut against a decision or order made under subsection (4). The provisions of Part XXI apply, with any modifications that the circumstances require, to the appeal.

1999, c. 3, s. 50.

Habeas corpus

573.2 (1) Habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut in respect of an order made or warrant issued by a judge of the Nunavut Court of Justice, except where

(a)
the order or warrant is of a kind that could only be made or issued in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or
(b)
another statutory right of review or appeal is available. Exception
(2)
Despite subsection (1), habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut with respect to an order or warrant of a judge of the Nunavut Court of Justice if the proceedings are brought to challenge the constitutionality of a person’s detention or confinement.
Provisions apply
(3)
Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).

1999, c. 3, s. 50.

PART XX

PROCEDURE IN JURY TRIALS AND GENERAL PROVISIONS

Preferring Indictment

Prosecutor may prefer indictment

574. (1) Subject to subsection (3), the prosecutor may, whether the charges were included in one information or not, prefer an indictment against any person who has been ordered to stand trial in respect of

(a)
any charge on which that person was ordered to stand trial; or
(b)
any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial.

Preferring indictment when no preliminary inquiry requested

(1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.

Preferring single indictment

(1.2) If indictments may be preferred under both subsections (1) and (1.1), the prosecutor may prefer a single indictment in respect of one or more charges referred to in subsection

(1)
combined with one or more charges or included charges referred to in subsection (1.1).
Consent to inclusion of other charges
(2)
An indictment preferred under any of subsections (1) to (1.2) may, if the accused consents, include a charge that is not referred to in those subsections, and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial. However, if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.
Private prosecutor requires consent
(3)
In a prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment may not be preferred under any of subsections (1) to (1.2) before a court without the written order of a judge of that court.

R.S., 1985, c. C-46, s. 574; R.S., 1985, c. 27 (1st Supp.), s. 113; 2002, c. 13, s. 45.

Previous Version

  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 113] Indictment
  2. (1) Except as provided in this Act, no indictment shall be preferred. Criminal information and bill of indictment
(2)
No criminal information shall be laid or granted and no bill of indictment shall be preferred before a grand jury.
Coroner’s inquisition
(3)
No person shall be tried on a coroner’s inquisition. R.S., 1985, c. C-46, s. 576; R.S., 1985, c. 27 (1st Supp.), s. 114. Direct indictments

577. Despite section 574, an indictment may be preferred even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged, if

(a)
in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court; or
(b)
in any other case, a judge of the court so orders.

R.S., 1985, c. C-46, s. 577; R.S., 1985, c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18(F);
2002, c. 13, s. 46.
Previous Version
Summons or warrant

578. (1) Where notice of the recommencement of proceedings has been given pursuant to subsection 579(2) or an indictment has been filed with the court before which the proceedings are to commence or recommence, the court, if it considers it necessary, may issue

(a)
a summons addressed to, or
(b)
a warrant for the arrest of,
the accused or defendant, as the case may be, to compel him to attend before the court to answer the charge described in the indictment. Part XVI to apply
(2)
The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (1).

R.S., 1985, c. C-46, s. 578; R.S., 1985, c. 27 (1st Supp.), s. 116. Attorney General may direct stay

579. (1) The Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by his direction, and such entry shall be made forthwith thereafter, whereupon the proceedings shall be stayed accordingly and any recognizance relating to the proceedings is vacated.

Recommencement of proceedings

(2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.

R.S., 1985, c. C-46, s. 579; R.S., 1985, c. 27 (1st Supp.), s. 117.

When Attorney General does not stay proceedings

579.01 If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions.

2002, c. 13, s. 47.

Intervention by Attorney General of Canada

579.1 (1) The Attorney General of Canada or counsel instructed by him or her for that purpose may intervene in proceedings in the following circumstances:

(a)
the proceedings are in respect of a contravention of, a conspiracy or attempt to contravene or counselling the contravention of an Act of Parliament or a regulation made under that Act, other than this Act or a regulation made under this Act;
(b)
the proceedings have not been instituted by an Attorney General;
(c)
judgment has not been rendered; and
(d)
the Attorney General of the province in which the proceedings are taken has not intervened.
Section 579 to apply
(2)
Section 579 applies, with such modifications as the circumstances require, to proceedings in which the Attorney General of Canada intervenes pursuant to this section.

1994, c. 44, s. 60. Form of indictment

580. An indictment is sufficient if it is on paper and is in Form 4. R.S., 1985, c. C-46, s. 580; R.S., 1985, c. 27 (1st Supp.), s. 117.

General Provisions respecting Counts

Substance of offence

581. (1) Each count in an indictment shall in general apply to a single transaction and shall contain in substance a statement that the accused or defendant committed an offence therein specified.

Form of statement

(2)
The statement referred to in subsection (1) may be
(a)
in popular language without technical averments or allegations of matters that are not essential to be proved;
(b)
in the words of the enactment that describes the offence or declares the matters charged to be an indictable offence; or
(c)
in words that are sufficient to give to the accused notice of the offence with which he is charged.
Details of circumstances
(3)
A count shall contain sufficient detail of the circumstances of the alleged offence to give to the accused reasonable information with respect to the act or omission to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the count.
Indictment for treason
(4)
Where an accused is charged with an offence under section 47 or sections 49 to 53, every overt act that is to be relied on shall be stated in the indictment.
Reference to section
(5)
A count may refer to any section, subsection, paragraph or subparagraph of the enactment that creates the offence charged, and for the purpose of determining whether a count is sufficient, consideration shall be given to any such reference.
General provisions not restricted
(6)
Nothing in this Part relating to matters that do not render a count insufficient shall be deemed to restrict or limit the application of this section.

R.S., 1985, c. C-46, s. 581; R.S., 1985, c. 27 (1st Supp.), s. 118. High treason and first degree murder

    1. No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.
    2. R.S., c. C-34, s. 511; 1973-74, c. 38, s. 4; 1974-75-76, c. 105, s. 6. Certain omissions not grounds for objection
  1. No count in an indictment is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing, no count in an indictment is insufficient by reason only that
(a)
it does not name the person injured or intended or attempted to be injured;
(b)
it does not name the person who owns or has a special property or interest in property mentioned in the count;
(c)
it charges an intent to defraud without naming or describing the person whom it was intended to defraud;
(d)
it does not set out any writing that is the subject of the charge;
(e)
it does not set out the words used where words that are alleged to have been used are the subject of the charge;
(f)
it does not specify the means by which the alleged offence was committed;
(g)
it does not name or describe with precision any person, place or thing; or
(h)
it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.

R.S., c. C-34, s. 512.

Special Provisions respecting Counts

Sufficiency of count charging libel

584. (1) No count for publishing a blasphemous, seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.

Specifying sense

(2)
A count for publishing a libel may charge that the published matter was written in a sense that by innuendo made the publication thereof criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense.
Proof
(3)
It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.

R.S., c. C-34, s. 513.
Sufficiency of count charging perjury, etc.

585. No count that charges

(a)
perjury,
(b)
the making of a false oath or a false statement,
(c)
fabricating evidence, or
(d)
procuring the commission of an offence mentioned in paragraph (a), (b) or (c),

is insufficient by reason only that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative the truth of the words used.

R.S., 1985, c. C-46, s. 585; 1992, c. 1, s. 60(F).

Sufficiency of count relating to fraud

586. No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.

R.S., c. C-34, s. 515.

Particulars

What may be ordered

587. (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars

(a)
of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences;
(b)
of any false pretence or fraud that is alleged;
(c)
of any alleged attempt or conspiracy by fraudulent means;
(d)
setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing;
(e)
further describing any writing or words that are the subject of a charge;
(f)
further describing the means by which an offence is alleged to have been committed; or
(g)
further describing a person, place or thing referred to in an indictment. Regard to evidence
(2)
For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.
Particular
(3)
Where a particular is delivered pursuant to this section,
(a)
a copy shall be given without charge to the accused or his counsel;
(b)
the particular shall be entered in the record; and
(c)
the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.

R.S., 1985, c. C-46, s. 587; R.S., 1985, c. 27 (1st Supp.), s. 7.

Ownership of Property

Ownership

588. The real and personal property of which a person has, by law, the management, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it.

R.S., c. C-34, s. 517.

Joinder or Severance of Counts

Count for murder

589. No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless

(a)
the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or
(b)
the accused signifies consent to the joinder of the counts.
R.S., 1985, c. C-46, s. 589; 1991, c. 4, s. 2.
Offences may be charged in the alternative


590. (1) A count is not objectionable by reason only that

(a)
it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or
(b)
it is double or multifarious. Application to amend or divide counts
(2)
An accused may at any stage of his trial apply to the court to amend or to divide a count that
(a)
charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or
(b)
is double or multifarious,
on the ground that, as framed, it embarrasses him in his defence.
Order


(3)
The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.

R.S., c. C-34, s. 519.

Joinder of counts

591. (1) Subject to section 589, any number of counts for any number of offences may be joined in the same indictment, but the counts shall be distinguished in the manner shown in Form 4.

Each count separate

(2)
Where there is more than one count in an indictment, each count may be treated as a separate indictment.
Severance of accused and counts
(3)
The court may, where it is satisfied that the interests of justice so require, order
(a)
that the accused or defendant be tried separately on one or more of the counts; and
(b)
where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts.
Order for severance
(4)
An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts
(a)
on which the trial does not proceed; or
(b)
in respect of the accused or defendant who has been granted a separate trial. Subsequent procedure
(5)
The counts in respect of which a jury is discharged pursuant to paragraph (4)(a) may subsequently be proceeded on in all respects as if they were contained in a separate indictment.
Idem
(6)
Where an order is made in respect of an accused or defendant under paragraph (3)(b), the accused or defendant may be tried separately on the counts in relation to which the order was made as if they were contained in a separate indictment.

R.S., 1985, c. C-46, s. 591; R.S., 1985, c. 27 (1st Supp.), s. 119.

Joinder of Accused in Certain Cases

Accessories after the fact 592. Any one who is charged with being an accessory after the fact to any offence may be indicted, whether or not the principal or any other party to the offence has been indicted or convicted or is or is not amenable to justice.

R.S., c. C-34, s. 521.

Trial of persons jointly for having in possession

593. (1) Any number of persons may be charged in the same indictment with an offence under section 354 or paragraph 356(1)(b), notwithstanding that

(a)
the property was had in possession at different times; or
(b)
the person by whom the property was obtained
(i)
is not indicted with them, or
(ii)
is not in custody or is not amenable to justice. Conviction of one or more
(2)
Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.

R.S., c. C-34, s. 522.

594. to 596. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]

Proceedings when Person Indicted is at Large

Bench warrant

597. (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.

Execution

(2)
A warrant issued under subsection (1) may be executed anywhere in Canada. Interim release
(3)
Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely,
(a)
report at times to be stated in the order to a peace officer or other person designated in the order;
(b)
remain within a territorial jurisdiction specified in the order;
(c)
notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;
(d)
abstain from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;
(e)
where the accused is the holder of a passport, deposit his passport as specified in the order; and
(f)
comply with such other reasonable conditions specified in the order as the judge considers desirable.
Discretion to postpone execution
(4)
A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.
Deemed execution of warrant
(5)
Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

R.S., 1985, c. C-46, s. 597; R.S., 1985, c. 27 (1st Supp.), s. 121; 1997, c. 18, s. 68.

Election deemed to be waived

598. (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless

(a)
he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or
(b)
the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.
Election deemed to be waived
(2)
An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

R.S., 1985, c. C-46, s. 598; R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E); 1999, c. 3, s. 51; 2002, c. 13, s. 48(E).

Previous Version

Change of Venue

Reasons for change of venue

599. (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if

(a)
it appears expedient to the ends of justice; or
(b)
a competent authority has directed that a jury is not to be summoned at the time appointed in a territorial division where the trial would otherwise by law be held.
(2)
[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 16]
Conditions respecting expense
(3)
The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue.
Transmission of record
(4)
Where an order is made under subsection (1), the officer who has custody of the indictment, if any, and the writings and exhibits relating to the prosecution, shall transmit

them forthwith to the clerk of the court before which the trial is ordered to be held, and all proceedings in the case shall be held or, if previously commenced, shall be continued in that court.

Idem

(5) Where the writings and exhibits referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon transmit them to the clerk of the court before which the trial is to be held.

R.S., 1985, c. C-46, s. 599; R.S., 1985, c. 1 (4th Supp.), s. 16.

Order is authority to remove prisoner

600. An order that is made under section 599 is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for the removal, disposal and reception of an accused in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison in the territorial division in which the trial is ordered to be held.

R.S., c. C-34, s. 528.

Amendment

Amending defective indictment or count

601. (1) An objection to an indictment or to a count in an indictment for a defect apparent on the face thereof shall be taken by motion to quash the indictment or count before the accused has pleaded, and thereafter only by leave of the court before which the proceedings take place, and the court before which an objection is taken under this section may, if it considers it necessary, order the indictment or count to be amended to cure the defect.

Amendment where variance

(2)
Subject to this section, a court may, on the trial of an indictment, amend the indictment or a count therein or a particular that is furnished under section 587, to make the indictment, count or particular conform to the evidence, where there is a variance between the evidence and
(a)
a count in the indictment as preferred; or
(b)
a count in the indictment
(i)
as amended, or
(ii)
as it would have been if it had been amended in conformity with any particular that has been furnished pursuant to section 587.
Amending indictment
(3)
Subject to this section, a court shall, at any stage of the proceedings, amend the indictment or a count therein as may be necessary where it appears
(a)
that the indictment has been preferred under a particular Act of Parliament instead of another Act of Parliament;
(b)
that the indictment or a count thereof
(i)
fails to state or states defectively anything that is requisite to constitute the offence,
(ii)
does not negative an exception that should be negatived,

(iii) is in any way defective in substance,

and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the preliminary inquiry or on the trial; or

(c)
that the indictment or a count thereof is in any way defective in form. Matters to be considered by the court
(4)
The court shall, in considering whether or not an amendment should be made to the indictment or a count in it, consider
(a)
the matters disclosed by the evidence taken on the preliminary inquiry;
(b)
the evidence taken on the trial, if any;
(c)
the circumstances of the case;
(d)
whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) or (3); and
(e)
whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.

Variance not material (4.1) A variance between the indictment or a count therein and the evidence taken is not material with respect to

(a)
the time when the offence is alleged to have been committed, if it is proved that the indictment was preferred within the prescribed period of limitation, if any; or
(b)
the place where the subject-matter of the proceedings is alleged to have arisen, if it is proved that it arose within the territorial jurisdiction of the court.
Adjournment if accused prejudiced
(5)
Where, in the opinion of the court, the accused has been misled or prejudiced in his defence by a variance, error or omission in an indictment or a count therein, the court may, if it is of the opinion that the misleading or prejudice may be removed by an adjournment, adjourn the proceedings to a specified day or sittings of the court and may make such an order with respect to the payment of costs resulting from the necessity for amendment as it considers desirable.
Question of law
(6)
The question whether an order to amend an indictment or a count thereof should be granted or refused is a question of law.
Endorsing indictment
(7)
An order to amend an indictment or a count therein shall be endorsed on the indictment as part of the record and the proceedings shall continue as if the indictment or count had been originally preferred as amended.
Mistakes not material
(8)
A mistake in the heading of an indictment shall be corrected as soon as it is discovered but, whether corrected or not, is not material.
Limitation
(9)
The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 49, 50, 51 and 53.
Definition of “court”
(10)
In this section, “court” means a court, judge, justice or provincial court judge acting in summary conviction proceedings or in proceedings on indictment.
Application
(11)
This section applies to all proceedings, including preliminary inquiries, with such modifications as the circumstances require.

R.S., 1985, c. C-46, s. 601; R.S., 1985, c. 27 (1st Supp.), s. 123; 1999, c. 5, s. 23(E).

602. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 124]

Inspection and Copies of Documents

Right of accused

603. An accused is entitled, after he has been ordered to stand trial or at his trial,

(a)
to inspect without charge the indictment, his own statement, the evidence and the exhibits, if any; and
(b)
to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the province, a copy
(i)
of the evidence,
(ii)
of his own statement, if any, and

(iii) of the indictment;

but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused.

R.S., 1985, c. C-46, s. 603; R.S., 1985, c. 27 (1st Supp.), s. 101(E).

  1. [Repealed, 1997, c. 18, s. 69] Release of exhibits for testing
  2. (1) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.

Disobeying orders (2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.

R.S., 1985, c. C-46, s. 605; R.S., 1985, c. 27 (1st Supp.), s. 203.

Pleas

Pleas permitted

606. (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others.

Conditions for accepting guilty plea

(1.1) A court may accept a plea of guilty only if it is satisfied that the accused

(a)
is making the plea voluntarily; and
(b)
understands
(i)
that the plea is an admission of the essential elements of the offence,
(ii)
the nature and consequences of the plea, and

(iii) that the court is not bound by any agreement made between the accused and the prosecutor.

Validity of plea

(1.2) The failure of the court to fully inquire whether the conditions set out in subsection

(1.1) are met does not affect the validity of the plea. Refusal to plead

(2)
Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.
Allowing time
(3)
An accused is not entitled as of right to have his trial postponed but the court may, if it considers that the accused should be allowed further time to plead, move to quash or prepare for his defence or for any other reason, adjourn the trial to a later time in the session or sittings of the court, or to the next of any subsequent session or sittings of the court, on such terms as the court considers proper.
Included or other offence
(4)
Notwithstanding any other provision of this Act, where an accused or defendant pleads not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the court shall find the accused or defendant not guilty of the offence charged and find him guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court.
Video links
(5)
For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.

R.S., 1985, c. C-46, s. 606; R.S., 1985, c. 27 (1st Supp.), s. 125; 2002, c. 13, s. 49.

Special pleas

607. (1) An accused may plead the special pleas of

(a)
autrefois acquit;
(b)
autrefois convict; and
(c)
pardon. In case of libel
(2)
An accused who is charged with defamatory libel may plead in accordance with sections 611 and 612.
Disposal
(3)
The pleas of autrefois acquit, autrefois convict and pardon shall be disposed of by the judge without a jury before the accused is called on to plead further.
Pleading over
(4)
When the pleas referred to in subsection (3) are disposed of against the accused, he may plead guilty or not guilty.
Statement sufficient
(5)
Where an accused pleads autrefois acquit or autrefois convict, it is sufficient if he
(a)
states that he has been lawfully acquitted, convicted or discharged under subsection 730(1), as the case may be, of the offence charged in the count to which the plea relates; and
(b)
indicates the time and place of the acquittal, conviction or discharge under subsection 730(1).
Exception: foreign trials in absentia
(6)
A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.4) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
(a)
at the trial outside Canada the person was not present and was not represented by counsel acting under the person’s instructions, and
(b)
the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,

notwithstanding that the person is deemed by virtue of subsection 7(6), or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.

R.S., 1985, c. C-46, s. 607; R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 10; 2000, c. 24, s. 45.

Evidence of identity of charges

608. Where an issue on a plea of autrefois acquit or autrefois convict is tried, the evidence and adjudication and the notes of the judge and official stenographer on the former trial and the record transmitted to the court pursuant to section 551 on the charge that is pending before that court are admissible in evidence to prove or to disprove the identity of the charges.

R.S., c. C-34, s. 536.

What determines identity

609. (1) Where an issue on a plea of autrefois acquit or autrefois convict to a count is tried and it appears

(a)
that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and
(b)
that on the former trial, if all proper amendments had been made that might then have been made, he might have been convicted of all the offences of which he may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded,

the judge shall give judgment discharging the accused in respect of that count.

Allowance of special plea in part

(2)
The following provisions apply where an issue on a plea of autrefois acquit or autrefois convict is tried:
(a)
where it appears that the accused might on the former trial have been convicted of an offence of which he may be convicted on the count in issue, the judge shall direct that the accused shall not be found guilty of any offence of which he might have been convicted on the former trial; and
(b)
where it appears that the accused may be convicted on the count in issue of an offence of which he could not have been convicted on the former trial, the accused shall plead guilty or not guilty with respect to that offence.

R.S., c. C-34, s. 537.

Circumstances of aggravation

610. (1) Where an indictment charges substantially the same offence as that charged in an indictment on which an accused was previously convicted or acquitted, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous conviction or acquittal bars the subsequent indictment.

Effect of previous charge of murder or manslaughter

(2)
A conviction or an acquittal on an indictment for murder bars a subsequent indictment for the same homicide charging it as manslaughter or infanticide, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.
Previous charges of first degree murder
(3)
A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.
(4)
A conviction or an acquittal on an indictment for infanticide bars a subsequent indictment for the same homicide charging it as manslaughter, and a conviction or acquittal on an indictment for manslaughter bars a subsequent indictment for the same homicide charging it as infanticide.

Effect of previous charge of infanticide or manslaughter R.S., c. C-34, s. 538; 1973-74, c. 38, s. 5; 1974-75-76, c. 105, s. 9.

Libel, plea of justification

611. (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.

Where more than one sense alleged

(2)
A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.
Plea in writing
(3)
A plea that is made under subsection (1) shall be in writing and shall set out the particular facts by reason of which it is alleged to have been for the public good that the matter should have been published.
Reply
(4)
The prosecutor may in his reply deny generally the truth of a plea that is made under this section.

R.S., c. C-34, s. 539.

Plea of justification necessary

612. (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.

Not guilty, in addition

(2)
The accused may, in addition to a plea that is made under section 611, plead not guilty and the pleas shall be inquired into together.
Effect of plea on punishment
(3)
Where a plea of justification is pleaded and the accused is convicted, the court may, in pronouncing sentence, consider whether the guilt of the accused is aggravated or mitigated by the plea.

R.S., c. C-34, s. 540.

Plea of not guilty

    1. Any ground of defence for which a special plea is not provided by this Act may be relied on under the plea of not guilty.
    2. R.S., c. C-34, s. 541.
  1. to 619. [ Repealed, 1991, c. 43, s. 3]

Organizations

Appearance by attorney

    1. Every organization against which an indictment is filed shall appear and plead by
      counsel or agent.
      R.S., 1985, c. C-46, s. 620; 1997, c. 18, s. 70; 2003, c. 21, s. 11.


    2. Previous Version Notice to organization
  1. (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization.

Contents of notice

(2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the organization appears on the date set out in the notice or the date fixed under subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the organization had appeared and pleaded.

R.S., 1985, c. C-46, s. 621; 1997, c. 18, s. 71; 2003, c. 21, s. 11.

Previous Version

Procedure on default of appearance 622. Where an organization does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea.

R.S., 1985, c. C-46, s. 622; 1997, c. 18, s. 72; 2003, c. 21, s. 11.

Previous Version

Trial of organization

623. Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies.

R.S., 1985, c. C-46, s. 623; 1995, c. 22, s. 10; 2003, c. 21, s. 11.

Previous Version

Record of Proceedings

How recorded

624. (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.

Record of proceedings

(2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.

R.S., c. C-34, s. 552.
Form of record in case of amendment

625. Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.

R.S., c. C-34, s. 553.

Pre-hearing Conference

Pre-hearing conference

625.1 (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.

Mandatory pre-trial hearing for jury trials

(2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, before the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under sections 482 and 482.1 to consider any matters that would promote a fair and expeditious trial.

R.S., 1985, c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45(F); 1997, c. 18, s. 73; 2002, c. 13, s. 50.

Juries

Qualification of jurors

626. (1) A person who is qualified as a juror according to, and summoned as a juror in accordance with, the laws of a province is qualified to serve as a juror in criminal proceedings in that province.

No disqualification based on sex

(2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempted or excused from serving as a juror in criminal proceedings on the grounds of his or her sex.

R.S., 1985, c. C-46, s. 626; R.S., 1985, c. 27 (1st Supp.), s. 128.

Presiding judge

626.1 The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court.

2002, c. 13, s. 51.

Support for juror with physical disability

627. The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical, personal, interpretative or other support services.

R.S., 1985, c. C-46, s. 627; R.S., 1985, c. 2 (1st Supp.), s. 1; 1998, c. 9, s. 4.

Challenging the Array
  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129] Challenging the jury panel
  2. (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned.

In writing

(2)
A challenge under subsection (1) shall be in writing and shall state that the person who returned the panel was partial or fraudulent or that he wilfully misconducted himself, as the case may be.
Form
(3)
A challenge under this section may be in Form 40. R.S., 1985, c. C-46, s. 629; R.S., 1985, c. 27 (1st Supp.), s. 130. Trying ground of challenge

630. Where a challenge is made under section 629, the judge shall determine whether the alleged ground of challenge is true or not, and where he is satisfied that the alleged ground of challenge is true, he shall direct a new panel to be returned.

R.S., c. C-34, s. 559.

Empanelling Jury

Names of jurors on cards

631. (1) The name of each juror on a panel of jurors that has been returned, his number on the panel and his address shall be written on a separate card, and all the cards shall, as far as possible, be of equal size.

To be placed in box

(2) The sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together.

Alternate jurors

(2.1) If the judge considers it advisable in the interests of justice to have one or two alternate jurors, the judge shall so order before the clerk of the court draws out the cards under subsection (3) or (3.1).

To be drawn by clerk of court

(3)
The clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by where
(a)
the array of jurors is not challenged; or
(b)
the array of jurors is challenged but the judge does not direct a new panel to be returned.

Where name not to be called

(3.1) On application by the prosecutor or on its own motion, the court, or a judge of the court, before which the jury trial is to be held, if it is satisfied that it is in the best interest of the administration of justice to do so, including in order to protect the privacy or safety of the members of the jury and alternate jurors, may order that, for the purposes of subsection (3), the clerk of the court shall only call out the number on each card.

Juror and other persons to be sworn

(4)
The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.
Drawing additional cards if necessary
(5)
If the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until twelve jurors and any alternate jurors are sworn.
Ban on publication
(6)
On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

R.S., 1985, c. C-46, s. 631; R.S., 1985, c. 27 (1st Supp.), s. 131; 1992, c. 41, s. 1; 1998, c. 9, s. 5; 2001, c. 32, ss. 38, 82; 2002, c. 13, s. 52; 2005, c. 32, s. 20.

Previous Version

Excusing jurors

632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of

(a)
personal interest in the matter to be tried;
(b)
relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or
(c)
personal hardship or any other reasonable cause that, in the opinion of the judge, warrants that the juror be excused.

R.S., 1985, c. C-46, s. 632; 1992, c. 41, s. 2; 2001, c. 32, s. 39; 2002, c. 13, s. 53. Stand by

633. The judge may direct a juror who has been called pursuant to subsection 631(3) or

(3.1) to stand by for reasons of personal hardship or any other reasonable cause.

R.S., 1985, c. C-46, s. 633; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1992, c. 41, s. 2;
2001, c. 32, s. 40.
Peremptory challenges

634. (1) A juror may be challenged peremptorily whether or not the juror has been challenged for cause pursuant to section 638.

Maximum number

(2)
Subject to subsections (2.1) to (4), the prosecutor and the accused are each entitled to
(a)
twenty peremptory challenges, where the accused is charged with high treason or first degree murder;
(b)
twelve peremptory challenges, where the accused is charged with an offence, other than an offence mentioned in paragraph (a), for which the accused may be sentenced to imprisonment for a term exceeding five years; or
(c)
four peremptory challenges, where the accused is charged with an offence that is not referred to in paragraph (a) or (b).

If alternate jurors

(2.1) If the judge makes an order for alternate jurors, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one for each alternate juror.

Supplemental peremptory challenges

(2.2) For the purposes of replacing jurors under subsection 644(1.1), the prosecutor and the accused are each entitled to one peremptory challenge for each juror to be replaced.

Where there are multiple counts

(3)
Where two or more counts in an indictment are to be tried together, the prosecutor and the accused are each entitled only to the number of peremptory challenges provided in respect of the count for which the greatest number of peremptory challenges is available.
Where there are joint trials
(4)
Where two or more accused are to be tried together,
(a)
each accused is entitled to the number of peremptory challenges to which the accused would be entitled if tried alone; and
(b)
the prosecutor is entitled to the total number of peremptory challenges available to all
the accused.
R.S., 1985, c. C-46, s. 634; 1992, c. 41, s. 2; 2002, c. 13, s. 54; 2008, c. 18, s. 25.


Previous Version Order of challenges

635. (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror, for cause or peremptorily, and thereafter the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.

Where there are joint trials

(2)
Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them,
(a)
in respect of the first juror, before the prosecutor; and
(b)
in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1).

R.S., 1985, c. C-46, s. 635; R.S., 1985, c. 2 (1st Supp.), s. 2; 1992, c. 41, s. 2.

636. and 637. [Repealed, 1992, c. 41, s. 2]

Challenge for cause

638. (1) A prosecutor or an accused is entitled to any number of challenges on the ground that

(a)
the name of a juror does not appear on the panel, but no misnomer or misdescription is a ground of challenge where it appears to the court that the description given on the panel sufficiently designates the person referred to;
(b)
a juror is not indifferent between the Queen and the accused;
(c)
a juror has been convicted of an offence for which he was sentenced to death or to a term of imprisonment exceeding twelve months;
(d)
a juror is an alien;
(e)
a juror, even with the aid of technical, personal, interpretative or other support services provided to the juror under section 627, is physically unable to perform properly the duties of a juror; or
(f)
a juror does not speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada, where the accused is required by reason of an order under section 530 to be tried before a judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which

the accused can best give testimony or who speak both official languages of Canada, as the case may be.

No other ground

(2)
No challenge for cause shall be allowed on a ground not mentioned in subsection (1).
(3)
and (4) [Repealed, 1997, c. 18, s. 74]
(5)
[Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]

R.S., 1985, c. C-46, s. 638; R.S., 1985, c. 27 (1st Supp.), s. 132, c. 31 (4th Supp.), s. 96;
1997, c. 18, s. 74; 1998, c. 9, s. 6.
Challenge in writing

639. (1) Where a challenge is made on a ground mentioned in section 638, the court may, in its discretion, require the party that challenges to put the challenge in writing.

Form

(2)
A challenge may be in Form 41. Denial
(3)
A challenge may be denied by the other party to the proceedings on the ground that it is not true.

R.S., c. C-34, s. 568.
Objection that name not on panel

640. (1) Where the ground of a challenge is that the name of a juror does not appear on the panel, the issue shall be tried by the judge on the voir dire by the inspection of the panel, and such other evidence as the judge thinks fit to receive.

Other grounds

(2) If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.

Challenge for cause (2.1) If the challenge is for cause and if the ground of the challenge is one that is not mentioned in subsection (1), on the application of the accused, the court may order the exclusion of all jurors — sworn and unsworn — from the court room until it is determined whether the ground of challenge is true, if the court is of the opinion that such an order is necessary to preserve the impartiality of the jurors.

Exclusion order

(2.2) If an order is made under subsection (2.1), two unsworn jurors, who are then exempt from the order, or two persons present who are appointed by the court for that purpose, shall be sworn to determine whether the ground of challenge is true. Those persons so appointed shall exercise their duties until twelve jurors and any alternate jurors are sworn.

If challenge not sustained, or if sustained

(3)
Where the finding, pursuant to subsection (1), (2) or (2.2) is that the ground of challenge is not true, the juror shall be sworn, but if the finding is that the ground of challenge is true, the juror shall not be sworn.
Disagreement of triers
(4)
Where, after what the court considers to be a reasonable time, the two persons who are sworn to determine whether the ground of challenge is true are unable to agree, the court may discharge them from giving a verdict and may direct two other persons to be sworn to determine whether the ground of challenge is true.

R.S., 1985, c. C-46, s. 640; 2008, c. 18, s. 26.

Previous Version

Calling jurors who have stood by

641. (1) If a full jury and any alternate jurors have not been sworn and no names remain to be called, the names of those who have been directed to stand by shall be called again in the order in which their names were drawn and the jurors necessary to make a full jury and any alternate jurors shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

Other jurors becoming available

(2) Where, before a juror is sworn pursuant to subsection (1), other jurors in the panel become available, the prosecutor may require the cards of those jurors to be put into and drawn from the box in accordance with section 631, and those jurors shall be challenged, directed to stand by, excused or sworn, as the case may be, before the jurors who were originally directed to stand by are called again.

R.S., 1985, c. C-46, s. 641; 1992, c. 41, s. 3; 2001, c. 32, s. 41; 2002, c. 13, s. 55. Summoning other jurors when panel exhausted

642. (1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors.

Orally

(2)
Jurors may be summoned under subsection (1) by word of mouth, if necessary. Adding names to panel
(3)
The names of the persons who are summoned under this section shall be added to the general panel for the purposes of the trial, and the same proceedings shall be taken with respect to calling and challenging those persons, excusing them and directing them to stand by as are provided in this Part with respect to the persons named in the original panel.

R.S., 1985, c. C-46, s. 642; 1992, c. 41, s. 4; 2002, c. 13, s. 56.

Substitution of alternate jurors

642.1 (1) Alternate jurors shall attend at the commencement of the trial and, if there is not a full jury present, alternate jurors shall be substituted, in the order in which their names were drawn under subsection 631(3), until there are twelve jurors.

Excusing of alternate jurors

(2) An alternate juror who is not required as a substitute shall be excused.
2002, c. 13, s. 57.
Who shall be jury

643. (1) The twelve jurors who are sworn in accordance with this Part and present at the commencement of the trial shall be the jury to try the issues of the indictment.

Names of jurors

(1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

Same jury may try another issue by consent

(2)
The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.
Sections directory
(3)
Failure to comply with the directions of this section or section 631, 635 or 641 does not affect the validity of a proceeding.

R.S., 1985, c. C-46, s. 643; 1992, c. 41, s. 5; 2001, c. 32, s. 42; 2002, c. 13, s. 58.

Discharge of juror

644. (1) Where in the course of a trial the judge is satisfied that a juror should not, by reason of illness or other reasonable cause, continue to act, the judge may discharge the juror.

Replacement of juror

(1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.

Trial may continue

(2) Where in the course of a trial a member of the jury dies or is discharged pursuant to subsection (1), the jury shall, unless the judge otherwise directs and if the number of jurors is not reduced below ten, be deemed to remain properly constituted for all purposes of the trial and the trial shall proceed and a verdict may be given accordingly.

R.S., 1985, c. C-46, s. 644; 1992, c. 41, s. 6; 1997, c. 18, s. 75.

Trial

Trial continuous 645. (1) The trial of an accused shall proceed continuously subject to adjournment by the court.

Adjournment

(2)
A judge may adjourn a trial from time to time in the same sittings. Formal adjournment unnecessary
(3)
For the purpose of subsection (2), no formal adjournment of trial or entry thereof is required.
Questions reserved for decision
(4)
A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.
Questions reserved for decision in a trial with a jury
(5)
In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

R.S., 1985, c. C-46, s. 645; R.S., 1985, c. 27 (1st Supp.), s. 133; 1997, c. 18, s. 76; 2001,

c. 32, s. 43. Taking evidence

646. On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries.

R.S., 1985, c. C-46, s. 646; 2002, c. 13, s. 59.

Previous Version

Separation of jurors

647. (1) The judge may, at any time before the jury retires to consider its verdict, permit the members of the jury to separate.

Keeping in charge

(2)
Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge.
Non-compliance with subsection (2)
(3)
Failure to comply with subsection (2) does not affect the validity of the proceedings. Empanelling new jury in certain cases
(4)
Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and
(a)
direct that the accused be tried with a new jury during the same session or sittings of the court; or
(b)
postpone the trial on such terms as justice may require. Refreshment and accommodation
(5)
The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict.

R.S., c. C-34, s. 576; 1972, c. 13, s. 48.

Restriction on publication

648. (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

Offence

(2)
Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.
(3)
[Repealed, 2005, c. 32, s. 21]
R.S., 1985, c. C-46, s. 648; 2005, c. 32, s. 21.
Previous Version


Disclosure of jury proceedings

649. Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of

(a)
an investigation of an alleged offence under subsection 139(2) in relation to a juror, or
(b)
giving evidence in criminal proceedings in relation to such an offence,

discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 649; 1998, c. 9, s. 7.

Accused to be present

650. (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial.

Video links

(1.1) Where the court so orders, and where the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken.

Video links

(1.2) Where the court so orders, an accused who is confined in prison may appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

Exceptions

(2)
The court may
(a)
cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;
(b)
permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or
(c)
cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.
To make defence
(3)
An accused is entitled, after the close of the case for the prosecution, to make full

answer and defence personally or by counsel.
R.S., 1985, c. C-46, s. 650; 1991, c. 43, s. 9; 1994, c. 44, s. 61; 1997, c. 18, s. 77; 2002, c.
13, s. 60; 2003, c. 21, s. 12.

Previous Version Designation of counsel of record

650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

Contents of designation

(2)
The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.
Effect of designation
(3)
If a designation is filed,
(a)
the accused may appear by the designated counsel without being present for any part of the proceedings, other than
(i)
a part during which oral evidence of a witness is taken,
(ii)
a part during which jurors are being selected, and

(iii) an application for a writ of habeas corpus;

(b)
an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and
(c)
a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.
When court orders presence of accused
(4)
If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may
(a)
issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or
(b)
issue a warrant to compel the presence of the accused.
2002, c. 13, s. 61.
Technological appearance


650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously.

2002, c. 13, s. 61.

Pre-charge conference

650.1 A judge in a jury trial may, before the charge to the jury, confer with the accused or counsel for the accused and the prosecutor with respect to the matters that should be explained to the jury and with respect to the choice of instructions to the jury.

1997, c. 18, s. 78.

Summing up by prosecutor

651. (1) Where an accused, or any one of several accused being tried together, is defended by counsel, the counsel shall, at the end of the case for the prosecution, declare whether or not he intends to adduce evidence on behalf of the accused for whom he appears and if he does not announce his intention to adduce evidence, the prosecutor may address the jury by way of summing up.

Summing up by accused

(2)
Counsel for the accused or the accused, where he is not defended by counsel, is entitled, if he thinks fit, to open the case for the defence, and after the conclusion of that opening to examine such witnesses as he thinks fit, and when all the evidence is concluded to sum up the evidence.
Accused’s right of reply
(3)
Where no witnesses are examined for an accused, he or his counsel is entitled to address the jury last, but otherwise counsel for the prosecution is entitled to address the jury last.
Prosecutor’s right of reply where more than one accused
(4)
Where two or more accused are tried jointly and witnesses are examined for any of them, all the accused or their respective counsel are required to address the jury before it is addressed by the prosecutor.

R.S., c. C-34, s. 578.

View

652. (1) The judge may, where it appears to be in the interests of justice, at any time after the jury has been sworn and before it gives its verdict, direct the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the trial.

Directions to prevent communication

(2)
Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings.
Who shall attend
(3)
Where a view is ordered under subsection (1), the accused and the judge shall attend.
R.S., c. C-34, s. 579.
Disagreement of jury


653. (1) Where the judge is satisfied that the jury is unable to agree on its verdict and that further detention of the jury would be useless, he may in his discretion discharge that jury and direct a new jury to be empanelled during the sittings of the court, or may adjourn the trial on such terms as justice may require.

Discretion not reviewable

(2) A discretion that is exercised under subsection (1) by a judge is not reviewable. R.S., c. C-34, s. 580.

Proceeding on Sunday, etc., not invalid

654. The taking of the verdict of a jury and any proceeding incidental thereto is not invalid by reason only that it is done on Sunday or on a holiday.

R.S., c. C-34, s. 581.

Evidence on Trial

Admissions at trial

655. Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof.

R.S., c. C-34, s. 582.

Presumption — valuable minerals

656. In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.

R.S., 1985, c. C-46, s. 656; 1999, c. 5, s. 24.

Use in evidence of statement by accused

657. A statement made by an accused under subsection 541(3) and purporting to be signed by the justice before whom it was made may be given in evidence against the accused at his or her trial without proof of the signature of the justice, unless it is proved that the justice by whom the statement purports to be signed did not sign it.

R.S., 1985, c. C-46, s. 657; 1994, c. 44, s. 62.

Proof of ownership and value of property

657.1 (1) In any proceedings, an affidavit or a solemn declaration of a person who claims to be the lawful owner of, or the person lawfully entitled to possession of, property that was the subject-matter of the offence, or any other person who has specialized knowledge of the property or of that type of property, containing the statements referred to in subsection (2), shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration.

Statements to be made

(2)
For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration
(a)
that the person is the lawful owner of, or is lawfully entitled to possession of, the property, or otherwise has specialized knowledge of the property or of property of the same type as that property;
(b)
the value of the property;
(c)
in the case of a person who is the lawful owner of or is lawfully entitled to possession of the property, that the person has been deprived of the property by fraudulent means or otherwise without the lawful consent of the person;

(c.1) in the case of proceedings in respect of an offence under section 342, that the credit card had been revoked or cancelled, is a false document within the meaning of section 321 or that no credit card that meets the exact description of that credit card was ever issued; and

(d)
any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (a) to (c.1).
Notice of intention to produce affidavit or solemn declaration
(3)
Unless the court orders otherwise, no affidavit or solemn declaration shall be received in evidence pursuant to subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of intention to produce it in evidence.
Attendance for examination
(4)
Notwithstanding subsection (1), 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 any of the statements contained in the affidavit or solemn declaration.

R.S., 1985, c. 23 (4th Supp.), s. 3; 1994, c. 44, s. 63; 1997, c. 18, s. 79.

Theft and possession

657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.

Accessory after the fact

(2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.

1997, c. 18, s. 80.

Expert testimony

657.3 (1) In any proceedings, the evidence of a person as an expert may be given by means of a report accompanied by the affidavit or solemn declaration of the person, setting out, in particular, the qualifications of the person as an expert if

(a)
the court recognizes that person as an expert; and
(b)
the party intending to produce the report in evidence has, before the proceeding, given to the other party a copy of the affidavit or solemn declaration and the report and reasonable notice of the intention to produce it in evidence.
Attendance for examination
(2)
Notwithstanding subsection (1), 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 any of the statements contained in the affidavit or solemn declaration or report.
Notice for expert testimony
(3)
For the purpose of promoting the fair, orderly and efficient presentation of the testimony of witnesses,
(a)
a party who intends to call a person as an expert witness shall, at least thirty days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so, accompanied by
(i)
the name of the proposed witness,
(ii)
a description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise, and

(iii) a statement of the qualifications of the proposed witness as an expert;

(b)
in addition to complying with paragraph (a), a prosecutor who intends to call a person as an expert witness shall, within a reasonable period before trial, provide to the other party or parties
(i)
a copy of the report, if any, prepared by the proposed witness for the case, and
(ii)
if no report is prepared, a summary of the opinion anticipated to be given by the proposed witness and the grounds on which it is based; and
(c)
in addition to complying with paragraph (a), an accused, or his or her counsel, who intends to call a person as an expert witness shall, not later than the close of the case for the prosecution, provide to the other party or parties the material referred to in paragraph (b).
If notices not given
(4)
If a party calls a person as an expert witness without complying with subsection (3), the court shall, at the request of any other party,
(a)
grant an adjournment of the proceedings to the party who requests it to allow him or her to prepare for cross-examination of the expert witness;
(b)
order the party who called the expert witness to provide that other party and any other party with the material referred to in paragraph (3)(b); and
(c)
order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness’s testimony, unless the court considers it inappropriate to do so.
Additional court orders
(5)
If, in the opinion of the court, a party who has received the notice and material referred to in subsection (3) has not been able to prepare for the evidence of the proposed witness, the court may do one or more of the following:
(a)
adjourn the proceedings;
(b)
order that further particulars be given of the evidence of the proposed witness; and
(c)
order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness’s testimony.
Use of material by prosecution
(6)
If the proposed witness does not testify, the prosecutor may not produce material provided to him or her under paragraph (3)(c) in evidence without the consent of the accused.
No further disclosure
(7)
Unless otherwise ordered by a court, information disclosed under this section in relation to a proceeding may only be used for the purpose of that proceeding.

1997, c. 18, s. 80; 2002, c. 13, s. 62.

Children and Young Persons

Testimony as to date of birth

658. (1) In any proceedings to which this Act applies, the testimony of a person as to the date of his or her birth is admissible as evidence of that date.

Testimony of a parent

(2)
In any proceedings to which this Act applies, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person.
Proof of age
(3)
In any proceedings to which this Act applies,
(a)
a birth or baptismal certificate or a copy of such a certificate purporting to be certified under the hand of the person in whose custody the certificate is held is evidence of the age of that person; and
(b)
an entry or record of an incorporated society or its officers who have had the control or care of a child or young person at or about the time the child or young person was brought to Canada is evidence of the age of the child or young person if the entry or record was made before the time when the offence is alleged to have been committed.
Other evidence
(4)
In the absence of any certificate, copy, entry or record mentioned in subsection (3), or in corroboration of any such certificate, copy, entry or record, a jury, judge, justice or provincial court judge, as the case may be, may receive and act on any other information relating to age that they consider reliable.
Inference from appearance
(5)
In the absence of other evidence, or by way of corroboration of other evidence, a jury, judge, justice or provincial court judge, as the case may be, may infer the age of a child or young person from his or her appearance.

R.S., 1985, c. C-46, s. 658; 1994, c. 44, s. 64.

Corroboration

Children’s evidence

659. Any requirement whereby it is mandatory for a court to give the jury a warning about convicting an accused on the evidence of a child is abrogated.

R.S., 1985, c. C-46, s. 659; R.S., 1985, c. 19 (3rd Supp.), s. 15; 1993, c. 45, s. 9.

Verdicts

Full offence charged, attempt proved

660. Where the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused may be convicted of the attempt.

R.S., c. C-34, s. 587.

Attempt charged, full offence proved

661. (1) Where an attempt to commit an offence is charged but the evidence establishes the commission of the complete offence, the accused is not entitled to be acquitted, but the jury may convict him of the attempt unless the judge presiding at the trial, in his discretion, discharges the jury from giving a verdict and directs that the accused be indicted for the complete offence.

Conviction a bar

(2) An accused who is convicted under this section is not liable to be tried again for the offence that he was charged with attempting to commit.

R.S., c. C-34, s. 588.
Offence charged, part only proved

662. (1) A count in an indictment is divisible and where the commission of the offence charged, as described in the enactment creating it or as charged in the count, includes the commission of another offence, whether punishable by indictment or on summary conviction, the accused may be convicted

(a)
of an offence so included that is proved, notwithstanding that the whole offence that is charged is not proved; or
(b)
of an attempt to commit an offence so included.
First degree murder charged
(2)
For greater certainty and without limiting the generality of subsection (1), where a count charges first degree murder and the evidence does not prove first degree murder but proves second degree murder or an attempt to commit second degree murder, the jury may find the accused not guilty of first degree murder but guilty of second degree murder or an attempt to commit second degree murder, as the case may be.
Conviction for infanticide or manslaughter on charge of murder
(3)
Subject to subsection (4), where a count charges murder and the evidence proves manslaughter or infanticide but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter or infanticide, but shall not on that count find the accused guilty of any other offence.
Conviction for concealing body of child where murder or infanticide charged
(4)
Where a count charges the murder of a child or infanticide and the evidence proves the commission of an offence under section 243 but does not prove murder or infanticide, the jury may find the accused not guilty of murder or infanticide, as the case may be, but guilty of an offence under section 243.
Conviction for dangerous driving where manslaughter charged
(5)
For greater certainty, where a count charges an offence under section 220, 221 or 236 arising out of the operation of a motor vehicle or the navigation or operation of a vessel or aircraft, and the evidence does not prove such offence but does prove an offence under section 249 or subsection 249.1(3), the accused may be convicted of an offence under section 249 or subsection 249.1(3), as the case may be.
Conviction for break and enter with intent
(6)
Where a count charges an offence under paragraph 98(1)(b) or 348(1)(b) and the evidence does not prove that offence but does prove an offence under, respectively, paragraph 98(1)(a) or 348(1)(a), the accused may be convicted of an offence under that latter paragraph.

R.S., 1985, c. C-46, s. 662; R.S., 1985, c. 27 (1st Supp.), s. 134; 2000, c. 2, s. 3; 2008, c.
6, s. 38.
Previous Version
No acquittal unless act or omission not wilful

663. Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she caused the death of the child,

(a)
she was not fully recovered from the effects of giving birth to the child or from the effect of lactation consequent on the birth of the child, and
(b)
the balance of her mind was, at that time, disturbed by reason of the effect of giving birth to the child or of the effect of lactation consequent on the birth of the child,

she may be convicted unless the evidence establishes that the act or omission was not wilful.

R.S., c. C-34, s. 590.

Previous Convictions

No reference to previous conviction

    1. No indictment in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.
    2. R.S., c. C-34, s. 591.
  1. [Repealed, 1995, c. 22, s. 3] Evidence of character
  2. Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of the previous conviction of the accused for any offences, including any previous conviction by reason of which a greater punishment may be imposed.

R.S., c. C-34, s. 593.

Proof of previous conviction

667. (1) In any proceedings,

(a)
a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act, or the judicial determination under subsection 42(9) of that Act, or the conviction and sentence or finding of guilt and sentence in Canada of an offender, signed by
(i)
the person who made the conviction, order for the discharge, finding of guilt or judicial determination,
(ii)
the clerk of the court in which the conviction, order for the discharge, finding of guilt or judicial determination was made, or

(iii) a fingerprint examiner,

is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, or that a judicial determination was made against the accused or defendant, without proof of the signature or the official character of the person appearing to have signed the certificate;

(b)
evidence that the fingerprints of the accused or defendant are the same as the fingerprints of the offender whose fingerprints are reproduced in or attached to a certificate issued under subparagraph (a)(iii) is, in the absence of evidence to the contrary, proof that the accused or defendant is the offender referred to in that certificate;
(c)
a certificate of a fingerprint examiner stating that he has compared the fingerprints reproduced in or attached to that certificate with the fingerprints reproduced in or attached to a certificate issued under subparagraph (a)(iii) and that they are those of the same person 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; and
(d)
a certificate under subparagraph (a)(iii) may be in Form 44, and a certificate under paragraph (c) may be in Form 45.
Idem
(2)
In any proceedings, a copy of the summary conviction or discharge under section 730 in Canada of an offender, signed by the person who made the conviction or order for the discharge or by the clerk of the court in which the conviction or order for the discharge was made, is, on proof that the accused or defendant is the offender referred to in the copy of the summary conviction, evidence of the conviction or discharge under section 730 of the accused or defendant, without proof of the signature or the official character of the person appearing to have signed it.

Proof of identity (2.1) In any summary conviction proceedings, where the name of a defendant is similar to the name of an offender referred to in a certificate made under subparagraph (1)(a)(i) or

(ii)
in respect of a summary conviction or referred to in a copy of a summary conviction mentioned in subsection (2), that similarity of name is, in the absence of evidence to the contrary, evidence that the defendant is the offender referred to in the certificate or the copy of the summary conviction.
Attendance and right to cross-examine
(3)
An accused against whom a certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.
Notice of intention to produce certificate
(4)
No certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) shall be received in evidence unless the party intending to produce it has given to the accused reasonable notice of his intention together with a copy of the certificate.
Definition of “fingerprint examiner”
(5)
In this section, “fingerprint examiner” means a person designated as such for the purposes of this section by the Minister of Public Safety and Emergency Preparedness.

R.S., 1985, c. C-46, s. 667; R.S., 1985, c. 27 (1st Supp.), s. 136, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10; 2002, c. 1, s. 181; 2005, c. 10, s. 34; 2008, c. 18, s. 27(F).

Previous Version

668. and 669. [Repealed, 1995, c. 22, s. 4]

Jurisdiction

Jurisdiction

669.1 (1) Where any judge, court or provincial court judge by whom or which the plea of the accused or defendant to an offence was taken has not commenced to hear evidence, any judge, court or provincial court judge having jurisdiction to try the accused or defendant has jurisdiction for the purpose of the hearing and adjudication.

Adjournment

(2) Any court, judge or provincial court judge having jurisdiction to try an accused or a defendant, or any clerk or other proper officer of the court, or in the case of an offence punishable on summary conviction, any justice, may, at any time before or after the plea of the accused or defendant is taken, adjourn the proceedings.

R.S., 1985, c. 27 (1st Supp.), s. 137.

Continuation of proceedings

669.2 (1) Subject to this section, where an accused or a defendant is being tried by

(a)
a judge or provincial court judge,
(b)
a justice or other person who is, or is a member of, a summary conviction court, or
(c)
a court composed of a judge and jury,

as the case may be, and the judge, provincial court judge, justice or other person dies or is for any reason unable to continue, the proceedings may be continued before another judge, provincial court judge, justice or other person, as the case may be, who has jurisdiction to try the accused or defendant.

Where adjudication is made

(2)
Where a verdict was rendered by a jury or an adjudication was made by a judge, provincial court judge, justice or other person before whom the trial was commenced, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, impose the punishment or make the order that is authorized by law in the circumstances.
Where no adjudication is made
(3)
Subject to subsections (4) and (5), where the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence had been taken.
Where no adjudication is made — jury trials
(4)
Where a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused,
(a)
continue the trial; or
(b)
commence the trial again as if no evidence had been taken. Where trial continued
(5)
Where a trial is continued under paragraph (4)(a), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the

judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

R.S., 1985, c. 27 (1st Supp.), s. 137; 1994, c. 44, s. 65.

Jurisdiction when appointment to another court

669.3 Where a court composed of a judge and a jury, a judge or a provincial court judge is conducting a trial and the judge or provincial court judge is appointed to another court, he or she continues to have jurisdiction in respect of the trial until its completion.

1994, c. 44, s. 66.

Formal Defects in Jury Process

Judgment not to be stayed on certain grounds

670. Judgment shall not be stayed or reversed after verdict on an indictment

(a)
by reason of any irregularity in the summoning or empanelling of the jury; or
(b)
for the reason that a person who served on the jury was not returned as a juror by a sheriff or other officer.

R.S., c. C-34, s. 598.
Directions respecting jury or jurors directory

671. No omission to observe the directions contained in any Act with respect to the qualification, selection, balloting or distribution of jurors, the preparation of the jurors’ book, the selecting of jury lists or the drafting of panels from the jury lists is a ground for impeaching or quashing a verdict rendered in criminal proceedings.

R.S., c. C-34, s. 599.

Saving powers of court

672. Nothing in this Act alters, abridges or affects any power or authority that a court or judge had immediately before April 1, 1955, or any practice or form that existed immediately before April 1, 1955, with respect to trials by jury, jury process, juries or jurors, except where the power or authority, practice or form is expressly altered by or is inconsistent with this Act.

R.S., c. C-34, s. 600.

PART XX.1 MENTAL DISORDER Interpretation

Definitions

672.1 (1) In this Part,
“accused”
« accusé »
“accused” includes a defendant in summary conviction proceedings and an accused in

respect of whom a verdict of not criminally responsible on account of mental disorder has
been rendered;
“assessment”

« évaluation »
“assessment” means an assessment by a medical practitioner or any other person who has
been designated by the Attorney General as being qualified to conduct an assessment of
the mental condition of the accused under an assessment order made under section 672.11
or 672.121, and any incidental observation or examination of the accused;

“chairperson”
« président »
“chairperson” includes any alternate that the chairperson of a Review Board may

designate to act on the chairperson’s behalf;
“court”
« tribunal »
“court” includes a summary conviction court as defined in section 785, a judge, a justice

and a judge of the court of appeal as defined in section 673;
“disposition”
« décision »

“disposition” means an order made by a court or Review Board under section 672.54 or
an order made by a court under section 672.58;
“dual status offender”

« contrevenant à double statut »
“dual status offender” means an offender who is subject to a sentence of imprisonment in
respect of one offence and a custodial disposition under paragraph 672.54(c) in respect of
another offence;

“hospital”
« hôpital »
“hospital” means a place in a province that is designated by the Minister of Health for the

province for the custody, treatment or assessment of an accused in respect of whom an
assessment order, a disposition or a placement decision is made;
“medical practitioner”

« médecin »
“medical practitioner” means a person who is entitled to practise medicine by the laws of
a province;

“party”
« parties »
“party”, in relation to proceedings of a court or Review Board to make or review a

disposition, means

(a)
the accused,
(b)
the person in charge of the hospital where the accused is detained or is to attend pursuant to an assessment order or a disposition,
(c)
an Attorney General designated by the court or Review Board under subsection 672.5(3),
(d)
any interested person designated by the court or Review Board under subsection 672.5(4), or
(e)
where the disposition is to be made by a court, the prosecutor of the charge against the accused;

“placement decision”

« ordonnance de placement »

“placement decision” means a decision by a Review Board under subsection 672.68(2) as
to the place of custody of a dual status offender;
“prescribed”
Version anglaise seulement
“prescribed” means prescribed by regulations made by the Governor in Council under

section 672.95;
“Review Board”
« commission d’examen »
“Review Board” means the Review Board established or designated for a province

pursuant to subsection 672.38(1);
“verdict of not criminally responsible on account of mental disorder”
« verdict de non-responsabilité criminelle pour cause de troubles mentaux »
“verdict of not criminally responsible on account of mental disorder” means a verdict that

the accused committed the act or made the omission that formed the basis of the offence with which the accused is charged but is not criminally responsible on account of mental disorder.

Reference

(2) For the purposes of subsections 672.5(3) and (5), paragraph 672.86(1)(b) and subsections 672.86(2) and (2.1), 672.88(2) and 672.89(2), in respect of a territory or proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government, a reference to the Attorney General of a province shall be read as a reference to the Attorney General of Canada.

1991, c. 43, s. 4; 2005, c. 22, s. 1.

Previous Version

Assessment Orders

Assessment order 672.11 A court having jurisdiction over an accused in respect of an offence may order an assessment of the mental condition of the accused, if it has reasonable grounds to believe that such evidence is necessary to determine

(a)
whether the accused is unfit to stand trial;
(b)
whether the accused was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1);
(c)
whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;
(d)
the appropriate disposition to be made, where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial has been rendered in respect of the accused; or
(e)
whether an order should be made under section 672.851 for a stay of proceedings,
where a verdict of unfit to stand trial has been rendered against the accused.
1991, c. 43, s. 4; 1995, c. 22, s. 10; 2005, c. 22, s. 2.


Previous Version Where court may order assessment

672.12 (1) The court may make an assessment order at any stage of proceedings against the accused of its own motion, on application of the accused or, subject to subsections (2) and (3), on application of the prosecutor.

Limitation on prosecutor’s application for assessment of fitness

(2)
Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if
(a)
the accused raised the issue of fitness; or
(b)
the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is fit to stand trial.
Limitation on prosecutor’s application for assessment
(3)
Where the prosecutor applies for an assessment in order to determine whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility, the court may only order the assessment if
(a)
the accused puts his or her mental capacity for criminal intent into issue; or
(b)
the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is criminally responsible for the alleged offence, on account of mental disorder.

1991, c. 43, s. 4.
Review Board may order assessment

672.121 The Review Board that has jurisdiction over an accused found not criminally responsible on account of mental disorder or unfit to stand trial may order an assessment of the mental condition of the accused of its own motion or on application of the prosecutor or the accused, if it has reasonable grounds to believe that such evidence is necessary to

(a)
make a recommendation to the court under subsection 672.851(1); or
(b)
make a disposition under section 672.54 in one of the following circumstances:
(i)
no assessment report on the mental condition of the accused is available,
(ii)
no assessment of the mental condition of the accused has been conducted in the last twelve months, or

(iii) the accused has been transferred from another province under section 672.86.
2005, c. 22, s. 3.
Contents of assessment order

672.13 (1) An assessment order must specify

(a)
the service that or the person who is to make the assessment, or the hospital where it is to be made;
(b)
whether the accused is to be detained in custody while the order is in force; and
(c)
the period that the order is to be in force, including the time required for the assessment and for the accused to travel to and from the place where the assessment is to be made.
Form
(2)
An assessment order may be in Form 48 or 48.1.
1991, c. 43, s. 4; 2005, c. 22, s. 4.
Previous Version
General rule for period



672.14 (1) An assessment order shall not be in force for more than thirty days.
Exception in fitness cases

(2)
No assessment order to determine whether the accused is unfit to stand trial shall be in force for more than five days, excluding holidays and the time required for the accused to travel to and from the place where the assessment is to be made, unless the accused and the prosecutor agree to a longer period not exceeding thirty days.
Exception for compelling circumstances
(3)
Despite subsections (1) and (2), a court or Review Board may make an assessment order that remains in force for sixty days if the court or Review Board is satisfied that compelling circumstances exist that warrant it.

1991, c. 43, s. 4; 2005, c. 22, s. 5. Previous Version Extension

672.15 (1) Subject to subsection (2), a court or Review Board may extend an assessment order, of its own motion or on the application of the accused or the prosecutor made during or at the end of the period during which the order is in force, for any further period that is required, in its opinion, to complete the assessment of the accused.

Maximum duration of extensions

(2) No extension of an assessment order shall exceed thirty days, and the period of the
initial order together with all extensions shall not exceed sixty days.
1991, c. 43, s. 4; 2005, c. 22, s. 6.

Previous Version Presumption against custody

672.16 (1) Subject to subsection (3), an accused shall not be detained in custody under an assessment order of a court unless

(a)
the court is satisfied that on the evidence custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody;
(b)
custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act; or
(c)
the prosecutor, having been given a reasonable opportunity to do so, shows that detention of the accused in custody is justified on either of the grounds set out in subsection 515(10).

Presumption against custody — Review Board

(1.1) If the Review Board makes an order for an assessment of an accused under section 672.121, the accused shall not be detained in custody under the order unless

(a)
the accused is currently subject to a disposition made under paragraph 672.54(c);
(b)
the Review Board is satisfied on the evidence that custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody; or
(c)
custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act.

Residency as a condition of disposition

(1.2) Subject to paragraphs (1.1)(b) and (c), if the accused is subject to a disposition made under paragraph 672.54(b) that requires the accused to reside at a specified place, an assessment ordered under section 672.121 shall require the accused to reside at the same place.

Report of medical practitioner

(2)
For the purposes of paragraphs (1)(a) and (1.1)(b), if the prosecutor and the accused agree, the evidence of a medical practitioner may be received in the form of a report in writing.
Presumption of custody in certain circumstances
(3)
An assessment order made in respect of an accused who is detained under subsection 515(6) or 522(2) shall order that the accused be detained in custody under the same

circumstances referred to in that subsection, unless the accused shows that custody is not justified under the terms of that subsection. 1991, c. 43, s. 4; 2005, c. 22, s. 7. Previous Version Assessment order takes precedence over bail hearing

672.17 During the period that an assessment order made by a court in respect of an accused charged with an offence is in force, no order for the interim release or detention of the accused may be made by virtue of Part XVI or section 679 in respect of that offence or an included offence.

1991, c. 43, s. 4; 2005, c. 22, s. 8.

Previous Version

Application to vary assessment order

672.18 Where at any time while an assessment order made by a court is in force the prosecutor or an accused shows cause, the court may vary the terms of the order respecting the interim release or detention of the accused in such manner as it considers appropriate in the circumstances.

1991, c. 43, s. 4; 2005, c. 22, s. 9(F).

Previous Version

No treatment order on assessment

672.19 No assessment order may direct that psychiatric or any other treatment of the accused be carried out, or direct the accused to submit to such treatment.

1991, c. 43, s. 4. When assessment completed

672.191 An accused in respect of whom an assessment order is made shall appear before the court or Review Board that made the order as soon as practicable after the assessment is completed and not later than the last day of the period that the order is to be in force.

1997, c. 18, s. 81; 2005, c. 22, s. 10.

Previous Version

Assessment Reports

Assessment report

672.2 (1) An assessment order may require the person who makes the assessment to submit in writing an assessment report on the mental condition of the accused.

Assessment report to be filed

(2)
An assessment report shall be filed with the court or Review Board that ordered it, within the period fixed by the court or Review Board, as the case may be.
Court to send assessment report to Review Board
(3)
The court shall send to the Review Board without delay a copy of any report filed with it pursuant to subsection (2), to assist in determining the appropriate disposition to be made in respect of the accused.
Copies of reports to accused and prosecutor
(4)
Subject to subsection 672.51(3), copies of any report filed with a court or Review Board under subsection (2) shall be provided without delay to the prosecutor, the accused and any counsel representing the accused.

1991, c. 43, s. 4; 2005, c. 22, s. 11.

Previous Version

Protected Statements

Definition of “protected statement”

672.21 (1) In this section, “protected statement” means a statement made by the accused during the course and for the purposes of an assessment or treatment directed by a disposition, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction.

Protected statements not admissible against accused

(2)
No protected statement or reference to a protected statement made by an accused is admissible in evidence, without the consent of the accused, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence.
Exceptions
(3)
Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of
(a)
determining whether the accused is unfit to stand trial;
(b)
making a disposition or placement decision respecting the accused;
(c)
[Repealed, 2005, c. 22, s. 12]
(d)
determining whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;
(e)
determining whether the accused was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict;
(f)
challenging the credibility of an accused in any proceeding where the testimony of the accused is inconsistent in a material particular with a protected statement that the accused made previously; or
(g)
establishing the perjury of an accused who is charged with perjury in respect of a statement made in any proceeding.

1991, c. 43, s. 4; 2005, c. 22, s. 12. Previous Version

Fitness to Stand Trial

Presumption of fitness

672.22 An accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial.

1991, c. 43, s. 4.
Court may direct issue to be tried

672.23 (1) Where the court has reasonable grounds, at any stage of the proceedings before a verdict is rendered, to believe that the accused is unfit to stand trial, the court may direct, of its own motion or on application of the accused or the prosecutor, that the issue of fitness of the accused be tried.

Burden of proof (2) An accused or a prosecutor who makes an application under subsection (1) has the burden of proof that the accused is unfit to stand trial.

1991, c. 43, s. 4. Counsel

672.24 (1) Where the court has reasonable grounds to believe that an accused is unfit to stand trial and the accused is not represented by counsel, the court shall order that the accused be represented by counsel.

Counsel fees and disbursements

(2)
Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.
Taxation of fees and disbursements
(3)
Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

1991, c. 43, s. 4; 1997, c. 18, s. 82.

Postponing trial of issue

672.25 (1) The court shall postpone directing the trial of the issue of fitness of an accused in proceedings for an offence for which the accused may be prosecuted by indictment or that is punishable on summary conviction, until the prosecutor has elected to proceed by way of indictment or summary conviction.

Idem

(2)
The court may postpone directing the trial of the issue of fitness of an accused
(a)
where the issue arises before the close of the case for the prosecution at a preliminary inquiry, until a time that is not later than the time the accused is called on to answer to the charge; or
(b)
where the issue arises before the close of the case for the prosecution at trial, until a time not later than the opening of the case for the defence or, on motion of the accused, any later time that the court may direct.

1991, c. 43, s. 4.

Trial of issue by judge and jury

672.26 Where an accused is tried or is to be tried before a court composed of a judge and jury,

(a)
if the judge directs that the issue of fitness of the accused be tried before the accused is given in charge to a jury for trial on the indictment, a jury composed of the number of jurors required in respect of the indictment in the province where the trial is to be held shall be sworn to try that issue and, with the consent of the accused, the issues to be tried on the indictment; and
(b)
if the judge directs that the issue of fitness of the accused be tried after the accused has been given in charge to a jury for trial on the indictment, the jury shall be sworn to try that issue in addition to the issues in respect of which it is already sworn.

1991, c. 43, s. 4.

Trial of issue by court

672.27 The court shall try the issue of fitness of an accused and render a verdict where the issue arises

(a)
in respect of an accused who is tried or is to be tried before a court other than a court composed of a judge and jury; or
(b)
before a court at a preliminary inquiry or at any other stage of the proceedings.
1991, c. 43, s. 4.
Proceeding continues where accused is fit


672.28 Where the verdict on trial of the issue is that an accused is fit to stand trial, the arraignment, preliminary inquiry, trial or other stage of the proceeding shall continue as if the issue of fitness of the accused had never arisen.

1991, c. 43, s. 4.

Where continued detention in custody

672.29 Where an accused is detained in custody on delivery of a verdict that the accused is fit to stand trial, the court may order the accused to be detained in a hospital until the completion of the trial, if the court has reasonable grounds to believe that the accused would become unfit to stand trial if released.

1991, c. 43, s. 4.

Acquittal

672.3 Where the court has postponed directing the trial of the issue of fitness of an accused pursuant to subsection 672.25(2) and the accused is discharged or acquitted before the issue is tried, it shall not be tried.

1991, c. 43, s. 4.

Verdict of unfit to stand trial

672.31 Where the verdict on trial of the issue is that an accused is unfit to stand trial, any plea that has been made shall be set aside and any jury shall be discharged.

1991, c. 43, s. 4. Subsequent proceedings

672.32 (1) A verdict of unfit to stand trial shall not prevent the accused from being tried subsequently where the accused becomes fit to stand trial.

Burden of proof

(2) The burden of proof that the accused has subsequently become fit to stand trial is on the party who asserts it, and is discharged by proof on the balance of probabilities.

1991, c. 43, s. 4. Prima facie case to be made every two years

672.33 (1) The court that has jurisdiction in respect of the offence charged against an accused who is found unfit to stand trial shall hold an inquiry, not later than two years after the verdict is rendered and every two years thereafter until the accused is acquitted pursuant to subsection (6) or tried, to decide whether sufficient evidence can be adduced at that time to put the accused on trial.

Extension of time for holding inquiry

(1.1) Despite subsection (1), the court may extend the period for holding an inquiry where it is satisfied on the basis of an application by the prosecutor or the accused that the extension is necessary for the proper administration of justice.

Court may order inquiry to be held

(2) On application of the accused, the court may order an inquiry under this section to be held at any time if it is satisfied, on the basis of the application and any written material submitted by the accused, that there is reason to doubt that there is a prima facie case against the accused.

Burden of proof

(3)
At an inquiry under this section, the burden of proof that sufficient evidence can be adduced to put the accused on trial is on the prosecutor.
Admissible evidence at an inquiry
(4)
In an inquiry under this section, the court shall admit as evidence
(a)
any affidavit containing evidence that would be admissible if given by the person making the affidavit as a witness in court; or
(b)
any certified copy of the oral testimony given at a previous inquiry or hearing held before a court in respect of the offence with which the accused is charged.
Conduct of inquiry
(5)
The court may determine the manner in which an inquiry under this section is conducted and may follow the practices and procedures in respect of a preliminary inquiry under Part XVIII where it concludes that the interests of justice so require.
Where prima facie case not made
(6)
Where, on the completion of an inquiry under this section, the court is satisfied that sufficient evidence cannot be adduced to put the accused on trial, the court shall acquit the accused.

1991, c. 43, s. 4; 2005, c. 22, ss. 13, 42(F).

Previous Version

Verdict of Not Criminally Responsible on Account of Mental Disorder

Verdict of not criminally responsible on account of mental disorder

672.34 Where the jury, or the judge or provincial court judge where there is no jury, finds that an accused committed the act or made the omission that formed the basis of the offence charged, but was at the time suffering from mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), the jury or the judge shall render a verdict that the accused committed the act or made the omission but is not criminally responsible on account of mental disorder.

1991, c. 43, s. 4.

Effect of verdict of not criminally responsible on account of mental disorder

672.35 Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but

(a)
the accused may plead autrefois acquit in respect of any subsequent charge relating to that offence;
(b)
any court may take the verdict into account in considering an application for judicial interim release or in considering what dispositions to make or sentence to impose for any other offence; and
(c)
the National Parole Board or any provincial parole board may take the verdict into account in considering an application by the accused for parole or pardon in respect of any other offence.

1991, c. 43, s. 4.

Verdict not a previous conviction

672.36 A verdict of not criminally responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is provided by reason of previous convictions.

1991, c. 43, s. 4.

Definition of “application for federal employment”

672.37 (1) In this section, “application for federal employment” means an application form relating to

(a)
employment in any department, as defined in section 2 of the Financial Administration Act;
(b)
employment by any Crown corporation as defined in subsection 83(1) of the Financial Administration Act;
(c)
enrolment in the Canadian Forces; or
(d)
employment in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.
Application for federal employment
(2)
No application for federal employment shall contain any question that requires the applicant to disclose any charge or finding that the applicant committed an offence that resulted in a finding or a verdict of not criminally responsible on account of mental disorder if the applicant was discharged absolutely or is no longer subject to any disposition in respect of that offence.
Punishment
(3)
Any person who uses or authorizes the use of an application for federal employment that contravenes subsection (2) is guilty of an offence punishable on summary conviction.

1991, c. 43, s. 4.

Review Boards

Review Boards to be established

672.38 (1) A Review Board shall be established or designated for each province to make or review dispositions concerning any accused in respect of whom a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial is rendered, and shall consist of not fewer than five members appointed by the lieutenant governor in council of the province.

Treated as provincial Board

(2)
A Review Board shall be treated as having been established under the laws of the province.
Personal liability
(3)
No member of a Review Board is personally liable for any act done in good faith in the exercise of the member’s powers or the performance of the member’s duties and functions or for any default or neglect in good faith in the exercise of those powers or the performance of those duties and functions.

1991, c. 43, s. 4; 1997, c. 18, s. 83.

Members of Review Board

672.39 A Review Board must have at least one member who is entitled under the laws of a province to practise psychiatry and, where only one member is so entitled, at least one other member must have training and experience in the field of mental health, and be entitled under the laws of a province to practise medicine or psychology.

1991, c. 43, s. 4.

Chairperson of a Review Board

672.4 (1) Subject to subsection (2), the chairperson of a Review Board shall be a judge of the Federal Court or of a superior, district or county court of a province, or a person who is qualified for appointment to, or has retired from, such a judicial office.

Transitional

(2) Where the chairperson of a Review Board that was established before the coming into force of subsection (1) is not a judge or other person referred to therein, the chairperson may continue to act until the expiration of his or her term of office if at least one other member of the Review Board is a judge or other person referred to in subsection (1) or is a member of the bar of the province.

1991, c. 43, s. 4.

Quorum of Review Board

672.41 (1) Subject to subsection (2), the quorum of a Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and any other member.

Transitional

(2) Where the chairperson of a Review Board that was established before the coming into force of this section is not a judge or other person referred to in subsection 672.4(1), the quorum of the Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and a member who is a person referred to in that subsection or a member of the bar of the province.

1991, c. 43, s. 4.

Majority vote

672.42 A decision of a majority of the members present and voting is the decision of a Review Board.

1991, c. 43, s. 4.

Powers of Review Boards

672.43 At a hearing held by a Review Board to make a disposition or review a disposition in respect of an accused, the chairperson has all the powers that are conferred by sections 4 and 5 of the Inquiries Act on persons appointed as commissioners under Part I of that Act.

1991, c. 43, s. 4; 2005, c. 22, s. 42(F).

Previous Version

Rules of Review Board

672.44 (1) A Review Board may, subject to the approval of the lieutenant governor in council of the province, make rules providing for the practice and procedure before the Review Board.

Application and publication of rules

(2)
The rules made by a Review Board under subsection (1) apply to any proceeding within its jurisdiction, and shall be published in the Canada Gazette.
Regulations
(3)
Notwithstanding anything in this section, the Governor in Council may make regulations to provide for the practice and procedure before Review Boards, in particular to make the rules of Review Boards uniform, and all regulations made under this subsection prevail over any rules made under subsection (1).

1991, c. 43, s. 4.

Disposition Hearings

Hearing to be held by a court

672.45 (1) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of an accused, the court may of its own motion, and shall on application by the accused or the prosecutor, hold a disposition hearing.

Transmittal of transcript to Review Board

(1.1) If the court does not hold a hearing under subsection (1), it shall send without delay, following the verdict, in original or copied form, any transcript of the court proceedings in respect of the accused, any other document or information related to the proceedings, and all exhibits filed with it, to the Review Board that has jurisdiction in respect of the matter, if the transcript, document, information or exhibits are in its possession.

Disposition to be made

(2) At a disposition hearing, the court shall make a disposition in respect of the accused, if it is satisfied that it can readily do so and that a disposition should be made without delay.

1991, c. 43, s. 4; 2005, c. 22, ss. 14, 42(F).

Previous Version

Status quo pending Review Board hearing

672.46 (1) Where the court does not make a disposition in respect of the accused at a disposition hearing, any order for the interim release or detention of the accused or any appearance notice, promise to appear, summons, undertaking or recognizance in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.

Variation of order

(2) Notwithstanding subsection (1), a court may, on cause being shown, vacate any order, appearance notice, promise to appear, summons, undertaking or recognizance referred to in that subsection and make any other order for the interim release or detention of the accused that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital pending a disposition by the Review Board in respect of the accused.

1991, c. 43, s. 4; 2005, c. 22, s. 42(F).

Previous Version

Review Board to make disposition where court does not

672.47 (1) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered and the court makes no disposition in respect of an accused, the Review Board shall, as soon as is practicable but not later than forty-five days after the verdict was rendered, hold a hearing and make a disposition.

Extension of time for hearing

(2)
Where the court is satisfied that there are exceptional circumstances that warrant it, the court may extend the time for holding a hearing under subsection (1) to a maximum of ninety days after the verdict was rendered.
Disposition made by court
(3)
Where a court makes a disposition under section 672.54 other than an absolute discharge in respect of an accused, the Review Board shall, not later than ninety days after the disposition was made, hold a hearing and make a disposition in respect of the accused.

1991, c. 43, s. 4; 2005, c. 22, ss. 15, 42(F).

Previous Version Review Board to determine fitness

672.48 (1) Where a Review Board holds a hearing to make or review a disposition in respect of an accused who has been found unfit to stand trial, it shall determine whether in its opinion the accused is fit to stand trial at the time of the hearing.

Review Board shall send accused to court

(2)
If a Review Board determines that the accused is fit to stand trial, it shall order that the accused be sent back to court, and the court shall try the issue and render a verdict.
Chairperson may send accused to court
(3)
The chairperson of a Review Board may, with the consent of the accused and the person in charge of the hospital where an accused is being detained, order that the accused be sent back to court for trial of the issue of whether the accused is unfit to stand trial, where the chairperson is of the opinion that
(a)
the accused is fit to stand trial; and
(b)
the Review Board will not hold a hearing to make or review a disposition in respect of
the accused within a reasonable period.
1991, c. 43, s. 4; 2005, c. 22, s. 42(F).


Previous Version Continued detention in hospital

672.49 (1) In a disposition made pursuant to section 672.47 the Review Board or chairperson may require the accused to continue to be detained in a hospital until the court determines whether the accused is fit to stand trial, if the Review Board or chairperson has reasonable grounds to believe that the accused would become unfit to stand trial if released.

Copy of disposition to be sent to court

(2) The Review Board or chairperson shall send a copy of a disposition made pursuant to section 672.47 without delay to the court having jurisdiction over the accused and to the Attorney General of the province where the accused is to be tried.

1991, c. 43, s. 4.

Procedure at disposition hearing

672.5 (1) A hearing held by a court or Review Board to make or review a disposition in respect of an accused shall be held in accordance with this section.

Hearing to be informal

(2)
The hearing may be conducted in as informal a manner as is appropriate in the circumstances.
Attorneys General may be parties
(3)
On application, the court or Review Board shall designate as a party the Attorney General of the province where the disposition is to be made and, where an accused is transferred from another province, the Attorney General of the province from which the accused is transferred.
Interested person may be a party
(4)
The court or Review Board may designate as a party any person who has a substantial interest in protecting the interests of the accused, if the court or Review Board is of the opinion that it is just to do so.
Notice of hearing
(5)
Notice of the hearing shall be given to the parties, the Attorney General of the province where the disposition is to be made and, where the accused is transferred to another province, the Attorney General of the province from which the accused is transferred, within the time and in the manner prescribed, or within the time and in the manner fixed by the rules of the court or Review Board.

Notice

(5.1) At the victim’s request, notice of the hearing and of the relevant provisions of the Act shall be given to the victim within the time and in the manner fixed by the rules of the court or Review Board.

Order excluding the public

(6)
Where the court or Review Board considers it to be in the best interests of the accused and not contrary to the public interest, the court or Review Board may order the public or any members of the public to be excluded from the hearing or any part of the hearing.
Right to counsel
(7)
The accused or any other party has the right to be represented by counsel.
Assigning counsel
(8)
If an accused is not represented by counsel, the court or Review Board shall, either before or at the time of the hearing, assign counsel to act for any accused
(a)
who has been found unfit to stand trial; or
(b)
wherever the interests of justice so require. Counsel fees and disbursements

(8.1) Where counsel is assigned pursuant to subsection (8) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

Taxation of fees and disbursements

(8.2) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

Right of accused to be present

(9)
Subject to subsection (10), the accused has the right to be present during the whole of the hearing.
Removal or absence of accused
(10)
The court or the chairperson of the Review Board may
(a)
permit the accused to be absent during the whole or any part of the hearing on such conditions as the court or chairperson considers proper; or
(b)
cause the accused to be removed and barred from re-entry for the whole or any part of the hearing
(i)
where the accused interrupts the hearing so that to continue in the presence of the accused would not be feasible,
(ii)
on being satisfied that failure to do so would likely endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused, or

(iii) in order to hear, in the absence of the accused, evidence, oral or written submissions, or the cross-examination of any witness concerning whether grounds exist for removing the accused pursuant to subparagraph (ii).

Rights of parties at hearing

(11)
Any party may adduce evidence, make oral or written submissions, call witnesses and cross-examine any witness called by any other party and, on application, cross-examine any person who made an assessment report that was submitted to the court or Review Board in writing.
Request to compel attendance of witnesses
(12)
A party may not compel the attendance of witnesses, but may request the court or the chairperson of the Review Board to do so.
Video links
(13)
Where the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or any other means that allow the court or Review Board and the accused to engage in simultaneous visual and oral communication, for any part of the hearing.

Adjournment

(13.1) The Review Board may adjourn the hearing for a period not exceeding thirty days if necessary for the purpose of ensuring that relevant information is available to permit it to make or review a disposition or for any other sufficient reason.

Determination of mental condition of the accused

(13.2) On receiving an assessment report, the court or Review Board shall determine whether, since the last time the disposition in respect of the accused was made or reviewed there has been any change in the mental condition of the accused that may provide grounds for the discharge of the accused under paragraph 672.54(a) or (b) and, if there has been such a change, the court or Review Board shall notify every victim of the offence that they are entitled to file a statement in accordance with subsection (14).

Victim impact statement

(14)
A victim of the offence may prepare and file with the court or Review Board a written statement describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.
Copy of statement
(15)
The court or Review Board shall ensure that a copy of any statement filed in accordance with subsection (14) is provided to the accused or counsel for the accused, and the prosecutor, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of the offence.

Presentation of victim statement

(15.1) The court or Review Board shall, at the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (14), or to present the statement in any other manner that the court or Review Board considers appropriate, unless the court or Review Board is of the opinion that the reading or presentation of the statement would interfere with the proper administration of justice.

Inquiry by court or Review Board

(15.2) The court or Review Board shall, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of an offence and before making a disposition under section 672.45 or 672.47, inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim has been advised of the opportunity to prepare a statement referred to in subsection (14).

Adjournment

(15.3) On application of the prosecutor or a victim or of its own motion, the court or Review Board may adjourn the hearing held under section 672.45 or 672.47 to permit the victim to prepare a statement referred to in subsection (14) if the court or Review Board is satisfied that the adjournment would not interfere with the proper administration of justice.

Definition of “victim”

(16) In subsections (14) and (15.1) to (15.3), “victim” has the same meaning as in subsection 722(4).

1991, c. 43, s. 4; 1997, c. 18, s. 84; 1999, c. 25, s. 11(Preamble); 2005, c. 22, ss. 16, 42(F).

Previous Version

Order restricting publication — sexual offences

672.501 (1) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in subsection 486.4(1), the Review Board shall make an order directing that any information that could identify a victim, or a witness who is under the age of eighteen years, shall not be published in any document or broadcast or transmitted in any way.

Order restricting publication — child pornography

(2)
Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in section 163.1, a Review Board shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of section 163.1, shall not be published in any document or broadcast or transmitted in any way.
Order restricting publication — other offences
(3)
Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence other than the offences referred to in subsection (1) or (2), on application of the prosecutor, a victim or a witness, the Review Board may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the Review Board is satisfied that the order is necessary for the proper administration of justice.
Order restricting publication
(4)
An order made under any of subsections (1) to (3) does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.
Application and notice
(5)
An applicant for an order under subsection (3) shall
(a)
apply in writing to the Review Board; and
(b)
provide notice of the application to the prosecutor, the accused and any other person affected by the order that the Review Board specifies.
Grounds
(6)
An applicant for an order under subsection (3) shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.
Hearing may be held
(7)
The Review Board may hold a hearing to determine whether an order under subsection (3) should be made, and the hearing may be in private.
(8)
In determining whether to make an order under subsection (3), the Review Board shall consider
(a)
the right to a fair and public hearing;
(b)
whether there is a real and substantial risk that the victim or witness would suffer significant harm if their identity were disclosed;
(c)
whether the victim or witness needs the order for their security or to protect them from intimidation or retaliation;
(d)
society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;
(e)
whether effective alternatives are available to protect the identity of the victim or witness;
(f)
the salutary and deleterious effects of the proposed order;
(g)
the impact of the proposed order on the freedom of expression of those affected by it; and
(h)
any other factor that the Review Board considers relevant. Conditions
(9)
An order made under subsection (3) may be subject to any conditions that the Review Board thinks fit.
Publication of application prohibited
(10)
Unless the Review Board refuses to make an order under subsection (3), no person shall publish in any document or broadcast or transmit in any way
(a)
the contents of an application;
(b)
any evidence taken, information given or submissions made at a hearing under subsection (7); or
(c)
any other information that could identify the person to whom the application relates as a victim or witness in the proceedings.
Offence
(11)
Every person who fails to comply with an order made under any of subsections (1) to (3) is guilty of an offence punishable on summary conviction.
Application of order
(12)
For greater certainty, an order referred to in subsection (11) also prohibits, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim or witness whose identity is protected by the order.

Factors to be considered

2005, c. 22, ss. 17, 64.

Definition of “disposition information”

672.51 (1) In this section, “disposition information” means all or part of an assessment report submitted to the court or Review Board and any other written information before the court or Review Board about the accused that is relevant to making a disposition.

Disposition information to be made available to parties

(2)
Subject to this section, all disposition information shall be made available for inspection by, and the court or Review Board shall provide a copy of it to, each party and any counsel representing the accused.
Exception where disclosure dangerous to any person
(3)
The court or Review Board shall withhold some or all of the disposition information from an accused where it is satisfied, on the basis of that information and the evidence or report of the medical practitioner responsible for the assessment or treatment of the accused, that disclosure of the information would be likely to endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused.
Idem
(4)
Notwithstanding subsection (3), the court or Review Board may release some or all of the disposition information to an accused where the interests of justice make disclosure essential in its opinion.
Exception where disclosure unnecessary or prejudicial
(5)
The court or Review Board shall withhold disposition information from a party other than the accused or an Attorney General, where disclosure to that party, in the opinion of the court or Review Board, is not necessary to the proceeding and may be prejudicial to the accused.
(6)
A court or Review Board that withholds disposition information from the accused or any other party pursuant to subsection (3) or (5) shall exclude the accused or the other party, as the case may be, from the hearing during
(a)
the oral presentation of that disposition information; or
(b)
the questioning by the court or Review Board or the cross-examination of any person concerning that disposition information.
Prohibition of disclosure in certain cases
(7)
No disposition information shall be made available for inspection or disclosed to any person who is not a party to the proceedings
(a)
where the disposition information has been withheld from the accused or any other party pursuant to subsection (3) or (5); or
(b)
where the court or Review Board is of the opinion that disclosure of the disposition information would be seriously prejudicial to the accused and that, in the circumstances, protection of the accused takes precedence over the public interest in disclosure.
Idem
(8)
No part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii) shall be made available for inspection to the accused or to any person who is not a party to the proceedings.
Information to be made available to specified persons
(9)
Notwithstanding subsections (7) and (8), the court or Review Board may make any disposition information, or a copy of it, available on request to any person or member of a class of persons
(a)
that has a valid interest in the information for research or statistical purposes, where the court or Review Board is satisfied that disclosure is in the public interest;
(b)
that has a valid interest in the information for the purposes of the proper administration of justice; or
(c)
that the accused requests or authorizes in writing to inspect it, where the court or Review Board is satisfied that the person will not disclose or give to the accused a copy of any disposition information withheld from the accused pursuant to subsection (3), or of any part of the record of proceedings referred to in subsection (8), or that the reasons for withholding that information from the accused no longer exist.
(10)
A person to whom the court or Review Board makes disposition information available under paragraph (9)(a) may disclose it for research or statistical purposes, but not in any form or manner that could reasonably be expected to identify any person to whom it relates.
Prohibition on publication
(11)
No person shall publish in any document or broadcast or transmit in any way
(a)
any disposition information that is prohibited from being disclosed pursuant to subsection (7); or
(b)
any part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii).
Powers of courts not limited
(12)
Except as otherwise provided in this section, nothing in this section limits the
powers that a court may exercise apart from this section.
1991, c. 43, s. 4; 1997, c. 18, s. 85; 2005, c. 22, ss. 18, 42(F), c. 32, s. 22.


Exclusion of certain persons from hearing Disclosure for research or statistical purposes

Previous Version Record of proceedings

672.52 (1) The court or Review Board shall cause a record of the proceedings of its disposition hearings to be kept, and include in the record any assessment report submitted.

Transmittal of transcript to Review Board

(2)
If a court holds a disposition hearing under subsection 672.45(1), whether or not it makes a disposition, it shall send without delay to the Review Board that has jurisdiction in respect of the matter, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.
Reasons for disposition and copies to be provided
(3)
The court or Review Board shall state its reasons for making a disposition in the record of the proceedings, and shall provide every party with a copy of the disposition and those reasons.

1991, c. 43, s. 4; 2005, c. 22, ss. 19, 42(F).

Previous Version

Proceedings not invalid

672.53 Any procedural irregularity in relation to a disposition hearing does not affect the validity of the hearing unless it causes the accused substantial prejudice.

1991, c. 43, s. 4.

Dispositions by a Court or Review Board

Terms of Dispositions

Dispositions that may be made

672.54 Where a court or Review Board makes a disposition under subsection 672.45(2) or section 672.47 or 672.83, it shall, taking into consideration the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that is the least onerous and least restrictive to the accused:

(a)
where a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused and, in the opinion of the court or Review Board, the accused is not a significant threat to the safety of the public, by order, direct that the accused be discharged absolutely;
(b)
by order, direct that the accused be discharged subject to such conditions as the court or Review Board considers appropriate; or
(c)
by order, direct that the accused be detained in custody in a hospital, subject to such conditions as the court or Review Board considers appropriate.

1991, c. 43, s. 4; 2005, c. 22, s. 20.

Previous Version

Victim impact statement

672.541 When a verdict of not criminally responsible on account of mental disorder has been rendered in respect of an accused, the court or Review Board shall, at a hearing held under section 672.45, 672.47, 672.81 or 672.82, take into consideration any statement filed in accordance with subsection 672.5(14) in determining the appropriate disposition or conditions under section 672.54, to the extent that the statement is relevant to its consideration of the criteria set out in section 672.54.

1999, c. 25, s. 12(Preamble); 2005, c. 22, s. 21.

Previous Version Treatment not a condition

672.55 (1) No disposition made under section 672.54 shall direct that any psychiatric or other treatment of the accused be carried out or that the accused submit to such treatment except that the disposition may include a condition regarding psychiatric or other treatment where the accused has consented to the condition and the court or Review Board considers the condition to be reasonable and necessary in the interests of the accused.

(2) [Repealed, 2005, c. 22, s. 22]
1991, c. 43, s. 4; 1997, c. 18, s. 86; 2005, c. 22, s. 22.
Previous Version
Delegated authority to vary restrictions on liberty of accused

672.56 (1) A Review Board that makes a disposition in respect of an accused under paragraph 672.54(b) or (c) may delegate to the person in charge of the hospital authority to direct that the restrictions on the liberty of the accused be increased or decreased within any limits and subject to any conditions set out in that disposition, and any direction so made is deemed for the purposes of this Act to be a disposition made by the Review Board.

Notice to accused and Review Board of increase in restrictions

(2)
A person who increases the restrictions on the liberty of the accused significantly pursuant to authority delegated to the person by a Review Board shall
(a)
make a record of the increased restrictions on the file of the accused; and
(b)
give notice of the increase as soon as is practicable to the accused and, if the increased restrictions remain in force for a period exceeding seven days, to the Review Board.

1991, c. 43, s. 4. Warrant of committal

672.57 Where the court or Review Board makes a disposition under paragraph 672.54(c), it shall issue a warrant of committal of the accused, which may be in Form 49.

1991, c. 43, s. 4. Treatment disposition

672.58 Where a verdict of unfit to stand trial is rendered and the court has not made a disposition under section 672.54 in respect of an accused, the court may, on application by the prosecutor, by order, direct that treatment of the accused be carried out for a specified period not exceeding sixty days, subject to such conditions as the court considers appropriate and, where the accused is not detained in custody, direct that the accused submit to that treatment by the person or at the hospital specified.

1991, c. 43, s. 4.

Criteria for disposition

672.59 (1) No disposition may be made under section 672.58 unless the court is satisfied, on the basis of the testimony of a medical practitioner, that a specific treatment should be administered to the accused for the purpose of making the accused fit to stand trial.

Evidence required

(2)
The testimony required by the court for the purposes of subsection (1) shall include a statement that the medical practitioner has made an assessment of the accused and is of the opinion, based on the grounds specified, that
(a)
the accused, at the time of the assessment, was unfit to stand trial;
(b)
the psychiatric treatment and any other related medical treatment specified by the medical practitioner will likely make the accused fit to stand trial within a period not exceeding sixty days and that without that treatment the accused is likely to remain unfit to stand trial;
(c)
the risk of harm to the accused from the psychiatric and other related medical treatment specified is not disproportionate to the benefit anticipated to be derived from it; and
(d)
the psychiatric and other related medical treatment specified is the least restrictive and least intrusive treatment that could, in the circumstances, be specified for the purpose referred to in subsection (1), considering the opinions referred to in paragraphs (b) and (c).

1991, c. 43, s. 4.

Notice required

672.6 (1) The court shall not make a disposition under section 672.58 unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.

Challenge by accused

(2) On receiving the notice referred to in subsection (1), the accused may challenge the application and adduce evidence for that purpose.

1991, c. 43, s. 4; 1997, c. 18, s. 87. Exception

672.61 (1) The court shall not direct, and no disposition made under section 672.58 shall include, the performance of psychosurgery or electro-convulsive therapy or any other prohibited treatment that is prescribed.

Definitions

(2) In this section,
“electro-convulsive therapy”
« sismothérapie »
“electro-convulsive therapy” means a procedure for the treatment of certain mental

disorders that induces, by electrical stimulation of the brain, a series of generalized
convulsions;
“psychosurgery”

« psychochirurgie »
“psychosurgery” means any procedure that by direct or indirect access to the brain
removes, destroys or interrupts the continuity of histologically normal brain tissue, or
inserts indwelling electrodes for pulsed electrical stimulation for the purpose of altering
behaviour or treating psychiatric illness, but does not include neurological procedures
used to diagnose or treat intractable physical pain, organic brain conditions, or epilepsy,
where any of those conditions is clearly demonstrable.

1991, c. 43, s. 4.
Consent of hospital required for treatment

672.62 (1) No court shall make a disposition under section 672.58 without the consent of

(a)
the person in charge of the hospital where the accused is to be treated; or
(b)
the person to whom responsibility for the treatment of the accused is assigned by the court.
Consent of accused not required for treatment
(2)
The court may direct that treatment of an accused be carried out pursuant to a disposition made under section 672.58 without the consent of the accused or a person who, according to the laws of the province where the disposition is made, is authorized to consent for the accused.

1991, c. 43, s. 4.

Effective date of disposition

672.63 A disposition shall come into force on the day on which it is made or on any later day that the court or Review Board specifies in it, and shall remain in force until the Review Board holds a hearing to review the disposition and makes another disposition.

1991, c. 43, s. 4; 2005, c. 22, s. 23.

Previous Version

672.64 to 672.66 [No sections 672.64 to 672.66]

Dual Status Offenders

Where court imposes a sentence

672.67 (1) Where a court imposes a sentence of imprisonment on an offender who is, or thereby becomes, a dual status offender, that sentence takes precedence over any prior custodial disposition, pending any placement decision by the Review Board.

Custodial disposition by court

(2) Where a court imposes a custodial disposition on an accused who is, or thereby becomes, a dual status offender, the disposition takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board.

1991, c. 43, s. 4; 1995, c. 22, s. 10; 2005, c. 22, s. 25.
Previous Version
Definition of “Minister”

672.68 (1) In this section and in sections 672.69 and 672.7, “Minister” means the Minister of Public Safety and Emergency Preparedness or the Minister responsible for correctional services of the province to which a dual status offender may be sent pursuant to a sentence of imprisonment.

Placement decision by Review Board

(2)
On application by the Minister or of its own motion, where the Review Board is of the opinion that the place of custody of a dual status offender pursuant to a sentence or custodial disposition made by the court is inappropriate to meet the mental health needs of the offender or to safeguard the well-being of other persons, the Review Board shall, after giving the offender and the Minister reasonable notice, decide whether to place the offender in custody in a hospital or in a prison.
Idem
(3)
In making a placement decision, the Review Board shall take into consideration
(a)
the need to protect the public from dangerous persons;
(b)
the treatment needs of the offender and the availability of suitable treatment resources to address those needs;
(c)
whether the offender would consent to or is a suitable candidate for treatment;
(d)
any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board; and
(e)
any other factors that the Review Board considers relevant. Time for making placement decision
(4)
The Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to, the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days.
Effects of placement decision
(5)
Where the offender is detained in a prison pursuant to the placement decision of the Review Board, the Minister is responsible for the supervision and control of the offender. 1991, c. 43, s. 4; 2005, c. 10, s. 34.

Previous Version Minister and Review Board entitled to access

672.69 (1) The Minister and the Review Board are entitled to have access to any dual status offender in respect of whom a placement decision has been made, for the purpose of conducting a review of the sentence or disposition imposed.

Review of placement decisions

(2)
The Review Board shall hold a hearing as soon as is practicable to review a placement decision, on application by the Minister or the dual status offender who is the subject of the decision, where the Review Board is satisfied that a significant change in circumstances requires it.
Idem
(3)
The Review Board may of its own motion hold a hearing to review a placement decision after giving the Minister and the dual status offender who is subject to it reasonable notice.
Minister shall be a party
(4)
The Minister shall be a party in any proceedings relating to the placement of a dual
status offender.
1991, c. 43, s. 4; 2005, c. 22, s. 42(F).


Previous Version Notice of discharge

672.7 (1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.

Warrant of committal

(2) A Review Board that makes a placement decision shall issue a warrant of committal of the accused, which may be in Form 50.

1991, c. 43, s. 4.
Detention to count as service of term

672.71 (1) Each day of detention of a dual status offender pursuant to a placement decision or a custodial disposition shall be treated as a day of service of the term of imprisonment, and the accused shall be deemed, for all purposes, to be lawfully confined in a prison.

Disposition takes precedence over probation orders

(2) When a dual status offender is convicted or discharged on the conditions set out in a probation order made under section 730 in respect of an offence but is not sentenced to a term of imprisonment, the custodial disposition in respect of the accused comes into force and, notwithstanding subsection 732.2(1), takes precedence over any probation order made in respect of the offence.

1991, c. 43, s. 4; 1995, c. 22, s. 10.

Appeals

Grounds for appeal

672.72 (1) Any party may appeal against a disposition made by a court or a Review Board, or a placement decision made by a Review Board, to the court of appeal of the province where the disposition or placement decision was made on any ground of appeal that raises a question of law or fact alone or of mixed law and fact.

Limitation period for appeal

(2)
An appellant shall give notice of an appeal against a disposition or placement decision in the manner directed by the applicable rules of court within fifteen days after the day on which the appellant receives a copy of the placement decision or disposition and the reasons for it or within any further time that the court of appeal, or a judge of that court, may direct.
Appeal to be heard expeditiously
(3)
The court of appeal shall hear an appeal against a disposition or placement decision in or out of the regular sessions of the court, as soon as practicable after the day on which the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court.

1991, c. 43, s. 4; 1997, c. 18, s. 88.

Appeal on the transcript

672.73 (1) An appeal against a disposition by a court or Review Board or placement decision by a Review Board shall be based on a transcript of the proceedings and any other evidence that the court of appeal finds necessary to admit in the interests of justice.

Additional evidence

(2) For the purpose of admitting additional evidence under this section, subsections 683(1) and (2) apply, with such modifications as the circumstances require.

1991, c. 43, s. 4.

Notice of appeal to be given to court or Review Board 672.74 (1) The clerk of the court of appeal, on receiving notice of an appeal against a disposition or placement decision, shall notify the court or Review Board that made the disposition.

Transmission of records to court of appeal

(2)
On receipt of notification under subsection (1), the court or Review Board shall transmit to the court of appeal, before the time that the appeal is to be heard or within any time that the court of appeal or a judge of that court may direct,
(a)
a copy of the disposition or placement decision;
(b)
all exhibits filed with the court or Review Board or a copy of them; and
(c)
all other material in its possession respecting the hearing. Record to be kept by court of appeal
(3)
The clerk of the court of appeal shall keep the material referred to in subsection (2) with the records of the court of appeal.
Appellant to provide transcript of evidence
(4)
Unless it is contrary to an order of the court of appeal or any applicable rules of court, the appellant shall provide the court of appeal and the respondent with a transcript of any evidence taken before a court or Review Board by a stenographer or a sound recording apparatus, certified by the stenographer or in accordance with subsection 540(6), as the case may be.
Saving
(5)
An appeal shall not be dismissed by the court of appeal by reason only that a person
other than the appellant failed to comply with this section.
1991, c. 43, s. 4; 2005, c. 22, s. 42(F).


Previous Version Automatic suspension of certain dispositions

672.75 The filing of a notice of appeal against a disposition made under paragraph 672.54(a) or section 672.58 suspends the application of the disposition pending the determination of the appeal.

1991, c. 43, s. 4.

Application respecting dispositions under appeal

672.76 (1) Any party who gives notice to each of the other parties, within the time and in the manner prescribed, may apply to a judge of the court of appeal for an order under this section respecting a disposition or placement decision that is under appeal.

Discretionary powers respecting suspension of dispositions

(2)
On receipt of an application made pursuant to subsection (1) a judge of the court of appeal may, if satisfied that the mental condition of the accused justifies it,
(a)
by order, direct that a disposition made under paragraph 672.54(a) or section 672.58 be carried out pending the determination of the appeal, notwithstanding section 672.75;
(b)
by order, direct that the application of a placement decision or a disposition made under paragraph 672.54(b) or (c) be suspended pending the determination of the appeal;
(c)
where the application of a disposition is suspended pursuant to section 672.75 or paragraph (b), make any other disposition in respect of the accused that is appropriate in the circumstances, other than a disposition under paragraph 672.54(a) or section 672.58, pending the determination of the appeal;
(d)
where the application of a placement decision is suspended pursuant to an order made under paragraph (b), make any other placement decision that is appropriate in the circumstances, pending the determination of the appeal; and
(e)
give any directions that the judge considers necessary for expediting the appeal.
Copy of order to parties
(3)
A judge of the court of appeal who makes an order under this section shall send a copy of the order to each of the parties without delay.

1991, c. 43, s. 4.

Effect of suspension of disposition

672.77 Where the application of a disposition or placement decision appealed from is suspended, a disposition, or in the absence of a disposition any order for the interim release or detention of the accused, that was in effect immediately before the disposition or placement decision appealed from took effect, shall be in force pending the determination of the appeal, subject to any disposition made under paragraph 672.76(2)(c).

1991, c. 43, s. 4.

Powers of court of appeal

672.78 (1) The court of appeal may allow an appeal against a disposition or placement decision and set aside an order made by the court or Review Board, where the court of appeal is of the opinion that

(a)
it is unreasonable or cannot be supported by the evidence;
(b)
it is based on a wrong decision on a question of law; or
(c)
there was a miscarriage of justice. Idem
(2)
The court of appeal may dismiss an appeal against a disposition or placement decision where the court is of the opinion
(a)
that paragraphs (1)(a), (b) and (c) do not apply; or
(b)
that paragraph (1)(b) may apply, but the court finds that no substantial wrong or miscarriage of justice has occurred.
Orders that the court may make
(3)
Where the court of appeal allows an appeal against a disposition or placement decision, it may
(a)
make any disposition under section 672.54 or any placement decision that the Review Board could have made;
(b)
refer the matter back to the court or Review Board for re-hearing, in whole or in part, in accordance with any directions that the court of appeal considers appropriate; or
(c)
make any other order that justice requires. 1991, c. 43, s. 4; 1997, c. 18, s. 89.

672.79 [Repealed, 2005, c. 22, s. 26] Previous Version

672.8 [Repealed, 2005, c. 22, s. 26] Previous Version

Review of Dispositions

Mandatory review of dispositions

672.81 (1) A Review Board shall hold a hearing not later than twelve months after making a disposition and every twelve months thereafter for as long as the disposition remains in force, to review any disposition that it has made in respect of an accused, other than an absolute discharge under paragraph 672.54(a).

Extension on consent

(1.1) Despite subsection (1), the Review Board may extend the time for holding a hearing to a maximum of twenty-four months after the making or reviewing of a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.

Extension for serious personal violence offence

(1.2) Despite subsection (1), at the conclusion of a hearing under this section the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of twenty-four months if

(a)
the accused has been found not criminally responsible for a serious personal injury offence;
(b)
the accused is subject to a disposition made under paragraph 672.54(c); and
(c)
the Review Board is satisfied on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), that the condition of the accused is not likely to improve and that detention remains necessary for the period of the extension.

Definition of “serious personal injury offence”

(1.3) For the purposes of subsection (1.2), “serious personal injury offence” means

(a)
an indictable offence involving
(i)
the use or attempted use of violence against another person, or
(ii)
conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or
(b)
an indictable offence referred to in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 or an attempt to commit such an offence.

Notice (1.4) If the Review Board extends the time for holding a hearing under subsection (1.2), it shall provide notice of the extension to the accused, the prosecutor and the person in charge of the hospital where the accused is detained.

Appeal

(1.5) A decision by the Review Board to extend the time for holding a hearing under subsection (1.2) is deemed to be a disposition for the purpose of sections 672.72 to

672.78.
Additional mandatory reviews in custody cases

(2) The Review Board shall hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend requests the review.

Review in case of increase on restrictions on liberty

(2.1) The Review Board shall hold a hearing to review a decision to significantly increase the restrictions on the liberty of the accused, as soon as practicable after receiving the notice referred to in subsection 672.56(2).

Idem

(3) Where an accused is detained in custody pursuant to a disposition made under paragraph 672.54(c) and a sentence of imprisonment is subsequently imposed on the accused in respect of another offence, the Review Board shall hold a hearing to review the disposition as soon as is practicable after receiving notice of that sentence.

1991, c. 43, s. 4; 2005, c. 22, ss. 27, 42(F).

Previous Version

Discretionary review

672.82 (1) A Review Board may hold a hearing to review any of its dispositions at any time, of its own motion or at the request of the accused or any other party.

Review Board to provide notice

(1.1) Where a Review Board holds a hearing under subsection (1) of its own motion, it shall provide notice to the prosecutor, the accused and any other party.

Review cancels appeal (2) Where a party requests a review of a disposition under this section, the party is deemed to abandon any appeal against the disposition taken under section 672.72. 1991, c. 43, s. 4; 2005, c. 22, s. 28.

Previous Version Disposition by Review Board

672.83 (1) At a hearing held pursuant to section 672.81 or 672.82, the Review Board shall, except where a determination is made under subsection 672.48(1) that the accused is fit to stand trial, review the disposition made in respect of the accused and make any other disposition that the Review Board considers to be appropriate in the circumstances.

(2) [Repealed, 2005, c. 22, s. 29]
1991, c. 43, s. 4; 1997, c. 18, s. 90; 2005, c. 22, ss. 29, 42(F).
Previous Version

672.84 [Repealed, 2005, c. 22, s. 30]
Previous Version

Power to Compel Appearance

Bringing accused before Review Board

672.85 For the purpose of bringing the accused in respect of whom a hearing is to be held before the Review Board, including in circumstances in which the accused did not attend a previous hearing in contravention of a summons or warrant, the chairperson

(a)
shall order the person having custody of the accused to bring the accused to the hearing at the time and place fixed for it; or
(b)
may, if the accused is not in custody, issue a summons or warrant to compel the accused to appear at the hearing at the time and place fixed for it.

1991, c. 43, s. 4; 2005, c. 22, ss. 32, 42(F). Previous Version

Stay of Proceedings

Recommendation by Review Board 672.851 (1) The Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against an accused found unfit to stand trial to hold an inquiry to determine whether a stay of proceedings should be ordered if

(a)
the Review Board has held a hearing under section 672.81 or 672.82 in respect of the accused; and
(b)
on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), the Review Board is of the opinion that
(i)
the accused remains unfit to stand trial and is not likely to ever become fit to stand trial, and
(ii)
the accused does not pose a significant threat to the safety of the public.
Notice
(2)
If the Review Board makes a recommendation to the court to hold an inquiry, the Review Board shall provide notice to the accused, the prosecutor and any party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused.
Inquiry
(3)
As soon as practicable after receiving the recommendation referred to in subsection (1), the court may hold an inquiry to determine whether a stay of proceedings should be ordered.
Court may act on own motion
(4)
A court may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court is of the opinion, on the basis of any relevant information, that
(a)
the accused remains unfit to stand trial and is not likely to ever become fit to stand trial; and
(b)
the accused does not pose a significant threat to the safety of the public.
Assessment order
(5)
If the court holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused.
Application
(6)
Section 672.51 applies to an inquiry of the court under this section. Stay
(7)
The court may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied
(a)
on the basis of clear information, that the accused remains unfit to stand trial and is not likely to ever become fit to stand trial;
(b)
that the accused does not pose a significant threat to the safety of the public; and
(c)
that a stay is in the interests of the proper administration of justice. Proper administration of justice
(8)
In order to determine whether a stay of proceedings is in the interests of the proper administration of justice, the court shall consider any submissions of the prosecutor, the accused and all other parties and the following factors:
(a)
the nature and seriousness of the alleged offence;
(b)
the salutary and deleterious effects of the order for a stay of proceedings, including any effect on public confidence in the administration of justice;
(c)
the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 672.33 to decide whether sufficient evidence can be adduced to put the accused on trial; and
(d)
any other factor that the court considers relevant. Effect of stay
(9)
If a stay of proceedings is ordered by the court, any disposition made in respect of the accused ceases to have effect. If a stay of proceedings is not ordered, the finding of unfit to stand trial and any disposition made in respect of the accused remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused under section 672.83.

2005, c. 22, s. 33.

Appeal 672.852 (1) The Court of Appeal may allow an appeal against an order made under subsection 672.851(7) for a stay of proceedings, if the Court of Appeal is of the opinion that the order is unreasonable or cannot be supported by the evidence.

Effect

(2) If the Court of Appeal allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused is unfit to stand trial and the disposition made in respect of the accused.

2005, c. 22, s. 33.

Interprovincial Transfers

Interprovincial transfers

672.86 (1) An accused who is detained in custody or directed to attend at a hospital pursuant to a disposition made by a court or Review Board under paragraph 672.54(c) or a court under section 672.58 may be transferred to any other place in Canada where

(a)
the Review Board of the province where the accused is detained or directed to attend recommends a transfer for the purpose of the reintegration of the accused into society or the recovery, treatment or custody of the accused; and
(b)
the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.
Transfer where accused in custody
(2)
Where an accused who is detained in custody is to be transferred, an officer authorized by the Attorney General of the province where the accused is being detained shall sign a warrant specifying the place in Canada to which the accused is to be transferred.

Transfer if accused not in custody

(2.1) An accused who is not detained in custody may be transferred to any other place in Canada where

(a)
the Review Board of the province from which the accused is being transferred recommends a transfer for the purpose of the reintegration of the accused into society or the recovery or treatment of the accused; and
(b)
the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.
Order
(3)
Where an accused is being transferred in accordance with subsection (2.1), the Review Board of the province from which the accused is being transferred shall, by order,
(a)
direct that the accused be taken into custody and transferred pursuant to a warrant under subsection (2); or
(b)
direct that the accused attend at a specified place in Canada, subject to any conditions that the Review Board of the province to or from which the accused is being transferred considers appropriate.

1991, c. 43, s. 4; 2005, c. 22, s. 34. Previous Version Delivery and detention of accused

672.87 A warrant described in subsection 672.86(2) is sufficient authority

(a)
for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person in charge of the place specified in the warrant; and
(b)
for the person specified in the warrant to detain the accused in accordance with any disposition made in respect of the accused under paragraph 672.54(c).

1991, c. 43, s. 4.
Review Board of receiving province has jurisdiction over transferee

672.88 (1) The Review Board of the province to which an accused is transferred pursuant to section 672.86 has exclusive jurisdiction over the accused, and may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if that Review Board had made the disposition in respect of the accused.

Agreement

(2) Notwithstanding subsection (1), the Attorney General of the province to which an accused is transferred may enter into an agreement subject to this Act with the Attorney General of the province from which the accused is transferred, enabling the Review Board of that province to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, in the circumstances and subject to the terms and conditions set out in the agreement.

1991, c. 43, s. 4.

Other interprovincial transfers

672.89 (1) Where an accused who is detained in custody pursuant to a disposition made by a Review Board is transferred to another province otherwise than pursuant to section 672.86, the Review Board of the province from which the accused is transferred has exclusive jurisdiction over the accused and may continue to exercise the powers and shall continue to perform the duties mentioned in sections 672.5 and 672.81 to 672.83.

Agreement

(2) Notwithstanding subsection (1), the Attorneys General of the provinces to and from which the accused is to be transferred as described in that subsection may, after the transfer is made, enter into an agreement subject to this Act, enabling the Review Board of the province to which an accused is transferred to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, subject to the terms and conditions and in the circumstances set out in the agreement.

1991, c. 43, s. 4.

Enforcement of Orders and Regulations

Execution of warrant anywhere in Canada

672.9 Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or disposition was made as if it had been issued in that province.

1991, c. 43, s. 4; 1997, c. 18, s. 91; 2005, c. 22, s. 35(F).

Previous Version

Arrest without warrant for contravention of disposition

672.91 A peace officer may arrest an accused without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the accused has contravened or wilfully failed to comply with the assessment order or disposition or any condition of it, or is about to do so.

1991, c. 43, s. 4; 2005, c. 22, s. 36.

Previous Version Release or delivery of accused subject to paragraph 672.54(b) disposition order

672.92 (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and

(a)
issue a summons or appearance notice compelling the accused’s appearance before a justice; and
(b)
deliver the accused to the place specified in the disposition or assessment order. No release
(2)
A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds,
(a)
that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to
(i)
establish the identity of the accused,
(ii)
establish the terms and conditions of a disposition made under section 672.54 or of an assessment order,

(iii) prevent the commission of an offence, or

(iv)
prevent the accused from contravening or failing to comply with the disposition or assessment order;
(b)
that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or
(c)
that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.
Accused to be brought before justice
(3)
If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.
Accused subject to paragraph 672.54(c) disposition order
(4)
If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested without unreasonable delay and, in any event, within twenty-four hours.
Justice not available
(5)
If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.

1991, c. 43, s. 4; 2005, c. 22, s. 36.

Previous Version

Where justice to release accused

672.93 (1) A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order.

Notice

(1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

Order of justice pending decision of Review Board

(2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

1991, c. 43, s. 4; 2005, c. 22, s. 36.

Previous Version

Powers of Review Board

672.94 Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.

1991, c. 43, s. 4; 2005, c. 22, s. 36. Previous Version Regulations

672.95 The Governor in Council may make regulations

(a)
prescribing anything that may be prescribed under this Part; and
(b)
generally to carry out the purposes and provisions of this Part. 1991, c. 43, s. 4.

PART XXI APPEALS — INDICTABLE OFFENCES Interpretation

Definitions

673. In this Part,
“court of appeal”
« cour d’appel »
“court of appeal” means the court of appeal, as defined by the definition “court of appeal”

in section 2, for the province or territory in which the trial of a person by indictment is
held;
“indictment”

« acte d’accusation »
“indictment” includes an information or charge in respect of which a person has been
tried for an indictable offence under Part XIX;

“registrar”
« registraire »
“registrar” means the registrar or clerk of the court of appeal;

“sentence”

« sentence », « peine » ou « condamnation » “sentence” includes

(a)
a declaration made under subsection 199(3),
(b)
an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
(c)
a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), and
(d)
an order made under subsection 16(1) of the Controlled Drugs and Substances Act;
“trial court”
« tribunal de première instance »
“trial court” means the court by which an accused was tried and includes a judge or a



provincial court judge acting under Part XIX.
R.S., 1985, c. C-46, s. 673; R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.),

s.
4, c. 42 (4th Supp.), s. 4; 1992, c. 1, s. 58; 1993, c. 45, s. 10; 1995, c. 22, s. 5, c. 39, ss. 155, 190; 1996, c. 19, s. 74; 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble); 2002, c. 13,
s.
63; 2005, c. 22, ss. 38, 45; 2006, c. 14, s. 6. Previous Version

Right of Appeal

Procedure abolished

    1. No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.
    2. R.S., c. C-34, s. 602.
      Right of appeal of person convicted

  1. (1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal
(a)
against his conviction
(i)
on any ground of appeal that involves a question of law alone,
(ii)
on any ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge thereof or on the certificate of the trial judge that the case is a proper case for appeal, or

(iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or

(b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

Summary conviction appeals

(1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

(a)
there has not been an appeal with respect to the summary conviction;
(b)
the summary conviction offence was tried with an indictable offence; and
(c)
there is an appeal in respect of the indictable offence.
Appeal against absolute term in excess of 10 years
(2)
A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.

Appeal against section 743.6 order

(2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

Persons under eighteen

(2.2) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.

Appeals against verdicts based on mental disorder

(3)
Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of a person, that person may appeal to the court of appeal against that verdict on any ground of appeal mentioned in subparagraph (1)(a)(i),
(ii)
or (iii) and subject to the conditions described therein.
Where application for leave to appeal refused by judge
(4)
Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

R.S., 1985, c. C-46, s. 675; 1991, c. 43, s. 9; 1995, c. 42, s. 73; 1997, c. 18, s. 92; 1999, c. 31, s. 68; 2002, c. 13, s. 64.

Right of Attorney General to appeal

676. (1) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal

(a)
against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone;
(b)
against an order of a superior court of criminal jurisdiction that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment;
(c)
against an order of a trial court that stays proceedings on an indictment or quashes an indictment; or
(d)
with leave of the court of appeal or a judge thereof, against the sentence passed by a trial court in proceedings by indictment, unless that sentence is one fixed by law.

Summary conviction appeals

(1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if

(a)
there has not been an appeal with respect to the summary conviction;
(b)
the summary conviction offence was tried with an indictable offence; and
(c)
there is an appeal in respect of the indictable offence.
Acquittal
(2)
For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence.
Appeal against verdict of unfit to stand trial
(3)
The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against a verdict that an accused is unfit to stand trial, on any ground of appeal that involves a question of law alone.
Appeal against ineligible parole period
(4)
The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder, against the number of years of imprisonment without eligibility for parole, being less than twenty-five, that has been imposed as a result of that conviction.
Appeal against decision not to make section 743.6 order
(5)
The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6.

R.S., 1985, c. C-46, s. 676; R.S., 1985, c. 27 (1st Supp.), s. 139, c. 1 (4th Supp.), s. 18(F); 1991, c. 43, s. 9; 1995, c. 22, s. 10, c. 42, s. 74; 1997, c. 18, s. 93; 2002, c. 13, s. 65; 2008, c. 18, s. 28.

Previous Version

Appeal re costs

    1. A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.
    2. 1997, c. 18, s. 94.
      Specifying grounds of dissent

  1. Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based.

R.S., 1985, c. C-46, s. 677; 1994, c. 44, s. 67.

Procedure on Appeals

Notice of appeal

678. (1) An appellant who proposes to appeal to the court of appeal or to obtain the leave of that court to appeal shall give notice of appeal or notice of his application for leave to appeal in such manner and within such period as may be directed by rules of court.

Extension of time

(2) The court of appeal or a judge thereof may at any time extend the time within which notice of appeal or notice of an application for leave to appeal may be given.

R.S., c. C-34, s. 607; 1972, c. 13, s. 53; 1974-75-76, c. 105, s. 16. Service where respondent cannot be found

678.1 Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of appeal or the notice of the application for leave to appeal may be effected substitutionally in the manner and within the period directed by a judge of the court of appeal.

R.S., 1985, c. 27 (1st Supp.), s. 140; 1992, c. 1, s. 60(F).

Release pending determination of appeal

679. (1) A judge of the court of appeal may, in accordance with this section, release an appellant from custody pending the determination of his appeal if,

(a)
in the case of an appeal to the court of appeal against conviction, the appellant has given notice of appeal or, where leave is required, notice of his application for leave to appeal pursuant to section 678;
(b)
in the case of an appeal to the court of appeal against sentence only, the appellant has been granted leave to appeal; or
(c)
in the case of an appeal or an application for leave to appeal to the Supreme Court of Canada, the appellant has filed and served his notice of appeal or, where leave is required, his application for leave to appeal.
Notice of application for release
(2)
Where an appellant applies to a judge of the court of appeal to be released pending the determination of his appeal, he shall give written notice of the application to the prosecutor or to such other person as a judge of the court of appeal directs.
Circumstances in which appellant may be released
(3)
In the case of an appeal referred to in paragraph (1)(a) or (c), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal if the appellant establishes that
(a)
the appeal or application for leave to appeal is not frivolous;
(b)
he will surrender himself into custody in accordance with the terms of the order; and
(c)
his detention is not necessary in the public interest. Idem
(4)
In the case of an appeal referred to in paragraph (1)(b), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal or until otherwise ordered by a judge of the court of appeal if the appellant establishes that
(a)
the appeal has sufficient merit that, in the circumstances, it would cause unnecessary hardship if he were detained in custody;
(b)
he will surrender himself into custody in accordance with the terms of the order; and
(c)
his detention is not necessary in the public interest. Conditions of order
(5)
Where the judge of the court of appeal does not refuse the application of the appellant, he shall order that the appellant be released
(a)
on his giving an undertaking to the judge, without conditions or with such conditions as the judge directs, to surrender himself into custody in accordance with the order, or
(b)
on his entering into a recognizance
(i)
with one or more sureties,
(ii)
with deposit of money or other valuable security,

(iii) with both sureties and deposit, or

(iv)
with neither sureties nor deposit,
in such amount, subject to such conditions, if any, and before such justice as the judge directs,
(c)
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 141]

and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.

Conditions

(5.1) The judge may direct that the undertaking or recognizance referred to in subsection

(5)
include the conditions described in subsections 515(4), (4.1) and (4.2) that the judge considers desirable.
Application of certain provisions of section 525
(6)
The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (5) of this section.
Release or detention pending hearing of reference
(7)
If, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

Release or detention pending new trial or new hearing

(7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 or 522, as the case may be, applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 or of a judge under section 522 are exercised by a judge of the court of appeal.

Application to appeals on summary conviction proceedings

(8)
This section applies to applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings.
Form of undertaking or recognizance
(9)
An undertaking under this section may be in Form 12 and a recognizance under this section may be in Form 32.
Directions for expediting appeal, new trial, etc.
(10)
A judge of the court of appeal, where on the application of an appellant he does not make an order under subsection (5) or where he cancels an order previously made under this section, or a judge of the Supreme Court of Canada on application by an appellant in the case of an appeal to that Court, may give such directions as he thinks necessary for expediting the hearing of the appellant’s appeal or for expediting the new trial or new hearing or the hearing of the reference, as the case may be.

R.S., 1985, c. C-46, s. 679; R.S., 1985, c. 27 (1st Supp.), s. 141; 1997, c. 18, s. 95; 1999,

c. 25, s. 14(Preamble); 2002, c. 13, s. 66.

Review by court of appeal

680. (1) A decision made by a judge under section 522 or subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

(a)
vary the decision; or
(b)
substitute such other decision as, in its opinion, should have been made.
Single judge acting
(2)
On consent of the parties, the powers of the court of appeal under subsection (1) may be exercised by a judge of that court.
Enforcement of decision
(3)
A decision as varied or substituted under this section shall have effect and may be enforced in all respects as though it were the decision originally made.

R.S., 1985, c. C-46, s. 680; R.S., 1985, c. 27 (1st Supp.), s. 142; 1994, c. 44, s. 68.

    1. [Repealed, 1991, c. 43, s. 9]
    2. Report by judge
  1. (1) Where, under this Part, an appeal is taken or an application for leave to appeal is made, the judge or provincial court judge who presided at the trial shall, at the request of the court of appeal or a judge thereof, in accordance with rules of court, furnish it or him with a report on the case or on any matter relating to the case that is specified in the request.

Transcript of evidence

(2)
A copy or transcript of
(a)
the evidence taken at the trial,
(b)
any charge to the jury and any objections that were made to a charge to the jury,
(c)
the reasons for judgment, if any, and
(d)
the addresses of the prosecutor and the accused, if a ground for the appeal is based on either of the addresses,
shall be furnished to the court of appeal, except in so far as it is dispensed with by order of a judge of that court.
(3)
[Repealed, 1997, c. 18, s. 96] Copies to interested parties
(4)
A party to an appeal is entitled to receive, on payment of any charges that are fixed by rules of court, a copy or transcript of any material that is prepared under subsections (1) and (2).
Copy for Minister of Justice
(5)
The Minister of Justice is entitled, on request, to receive a copy or transcript of any material that is prepared under subsections (1) and (2).

R.S., 1985, c. C-46, s. 682; R.S., 1985, c. 27 (1st Supp.), ss. 143, 203; 1997, c. 18, s. 96. Powers of court of appeal

683. (1) For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice,

(a)
order the production of any writing, exhibit or other thing connected with the proceedings;
(b)
order any witness who would have been a compellable witness at the trial, whether or not he was called at the trial,
(i)
to attend and be examined before the court of appeal, or
(ii)
to be examined in the manner provided by rules of court before a judge of the court of appeal, or before any officer of the court of appeal or justice of the peace or other person appointed by the court of appeal for the purpose;
(c)
admit, as evidence, an examination that is taken under subparagraph (b)(ii);
(d)
receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not compellable witness;
(e)
order that any question arising on the appeal that
(i)
involves prolonged examination of writings or accounts, or scientific or local investigation, and
(ii)
cannot in the opinion of the court of appeal conveniently be inquired into before the court of appeal,
be referred for inquiry and report, in the manner provided by rules of court, to a special commissioner appointed by the court of appeal;
(f)
act on the report of a commissioner who is appointed under paragraph (e) in so far as the court of appeal thinks fit to do so; and
(g)
amend the indictment, unless it is of the opinion that the accused has been misled or prejudiced in his defence or appeal.
Parties entitled to adduce evidence and be heard
(2)
In proceedings under this section, the parties or their counsel are entitled to examine or cross-examine witnesses and, in an inquiry under paragraph (1)(e), are entitled to be present during the inquiry, to adduce evidence and to be heard.

Virtual presence of parties

(2.1) In proceedings under this section, the court of appeal may order that the presence of a party may be by any technological means satisfactory to the court that permits the court and the other party or parties to communicate simultaneously.

Virtual presence of witnesses

(2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.

Other powers

(3)
A court of appeal may exercise, in relation to proceedings in the court, any powers not mentioned in subsection (1) that may be exercised by the court on appeals in civil matters, and may issue any process that is necessary to enforce the orders or sentences of the court, but no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto.
Execution of process
(4)
Any process that is issued by the court of appeal under this section may be executed anywhere in Canada.
Power to order suspension
(5)
If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined:
(a)
an obligation to pay a fine;
(b)
an order of forfeiture or disposition of forfeited property;
(c)
an order to make restitution under section 738 or 739;
(d)
an obligation to pay a victim surcharge under section 737;
(e)
a probation order under section 731; and
(f)
a conditional sentence order under section 742.1. Undertaking or recognizance

(5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may order the offender to enter into an undertaking or recognizance.

Revocation of suspension order

(6)
The court of appeal may revoke any order it makes under subsection (5) where it considers the revocation to be in the interests of justice.
Undertaking or recognizance to be taken into account
(7)
If the offender has been ordered to enter into an undertaking or recognizance under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that undertaking or recognizance and the period during which they were imposed.

R.S., 1985, c. C-46, s. 683; R.S., 1985, c. 27 (1st Supp.), s. 144, c. 23 (4th Supp.), s. 5; 1995, c. 22, s. 10; 1997, c. 18, ss. 97, 141; 1999, c. 25, s. 15(Preamble); 2002, c. 13, s. 67; 2008, c. 18, s. 29.

Previous Version Legal assistance for appellant

684. (1) A court of appeal or a judge of that court may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal or to proceedings preliminary or incidental to an appeal where, in the opinion of the court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

Counsel fees and disbursements

(2)
Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal.
Taxation of fees and disbursements
(3)
Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court of appeal and the registrar may tax the disputed fees and disbursements.

R.S., 1985, c. C-46, s. 684; R.S., 1985, c. 34 (3rd Supp.), s. 9.

Summary determination of frivolous appeals

685. (1) Where it appears to the registrar that a notice of appeal, which purports to be on a ground of appeal that involves a question of law alone, does not show a substantial ground of appeal, the registrar may refer the appeal to the court of appeal for summary determination, and, where an appeal is referred under this section, the court of appeal may, if it considers that the appeal is frivolous or vexatious and can be determined without being adjourned for a full hearing, dismiss the appeal summarily, without calling on any person to attend the hearing or to appear for the respondent on the hearing.

Summary determination of appeals filed in error

(2) If it appears to the registrar that a notice of appeal should have been filed with another court, the registrar may refer the appeal to a judge of the court of appeal for summary determination, and the judge may dismiss the appeal summarily without calling on any person to attend the hearing or to appear for the respondent on the hearing.

R.S., 1985, c. C-46, s. 685; 2008, c. 18, s. 30.

Previous Version

Powers of the Court of Appeal

Powers

686. (1) On the hearing of an appeal against a conviction or against a verdict that the appellant is unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal

(a)
may allow the appeal where it is of the opinion that
(i)
the verdict should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii)
the judgment of the trial court should be set aside on the ground of a wrong decision on a question of law, or

(iii) on any ground there was a miscarriage of justice;

(b)
may dismiss the appeal where
(i)
the court is of the opinion that the appellant, although he was not properly convicted on a count or part of the indictment, was properly convicted on another count or part of the indictment,
(ii)
the appeal is not decided in favour of the appellant on any ground mentioned in paragraph (a),

(iii) notwithstanding that the court is of the opinion that on any ground mentioned in subparagraph (a)(ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of justice has occurred, or

(iv)
notwithstanding any procedural irregularity at trial, the trial court had jurisdiction over the class of offence of which the appellant was convicted and the court of appeal is of the opinion that the appellant suffered no prejudice thereby;
(c)
may refuse to allow the appeal where it is of the opinion that the trial court arrived at a wrong conclusion respecting the effect of a special verdict, may order the conclusion to be recorded that appears to the court to be required by the verdict and may pass a sentence that is warranted in law in substitution for the sentence passed by the trial court; or
(d)
may set aside a conviction and find the appellant unfit to stand trial or not criminally responsible on account of mental disorder and may exercise any of the powers of the trial court conferred by or referred to in section 672.45 in any manner deemed appropriate to the court of appeal in the circumstances.
(e)
[Repealed, 1991, c. 43, s. 9]
Order to be made
(2)
Where a court of appeal allows an appeal under paragraph (1)(a), it shall quash the conviction and
(a)
direct a judgment or verdict of acquittal to be entered; or
(b)
order a new trial. Substituting verdict
(3)
Where a court of appeal dismisses an appeal under subparagraph (1)(b)(i), it may substitute the verdict that in its opinion should have been found and
(a)
affirm the sentence passed by the trial court; or
(b)
impose a sentence that is warranted in law or remit the matter to the trial court and direct the trial court to impose a sentence that is warranted in law.
Appeal from acquittal
(4)
If an appeal is from an acquittal or verdict that the appellant or respondent was unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal may
(a)
dismiss the appeal; or
(b)
allow the appeal, set aside the verdict and
(i)
order a new trial, or
(ii)
except where the verdict is that of a court composed of a judge and jury, enter a verdict of guilty with respect to the offence of which, in its opinion, the accused should have been found guilty but for the error in law, and pass a sentence that is warranted in law, or remit the matter to the trial court and direct the trial court to impose a sentence that is warranted in law.
New trial under Part XIX
(5)
Subject to subsection (5.01), if an appeal is taken in respect of proceedings under Part XIX and the court of appeal orders a new trial under this Part, the following provisions apply:
(a)
if the accused, in his notice of appeal or notice of application for leave to appeal, requested that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall be held accordingly;
(b)
if the accused, in his notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, be held before a judge or provincial court judge, as the case may be, acting under Part XIX, other than a judge or provincial court judge who tried the accused in the first instance, unless the court of appeal directs that the new trial be held before the judge or provincial court judge who tried the accused in the first instance;
(c)
if the court of appeal orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and
(d)
notwithstanding paragraph (a), if the conviction against which the accused appealed was for an offence mentioned in section 553 and was made by a provincial court judge, the new trial shall be held before a provincial court judge acting under Part XIX, other than the provincial court judge who tried the accused in the first instance, unless the court of appeal directs that the new trial be held before the provincial court judge who tried the accused in the first instance.

New trial under Part XIX — Nunavut

(5.01) If an appeal is taken in respect of proceedings under Part XIX and the Court of Appeal of Nunavut orders a new trial under Part XXI, the following provisions apply:

(a)
if the accused, in the notice of appeal or notice of application for leave to appeal, requested that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall be held accordingly;
(b)
if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a further preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;
(c)
if the Court of Appeal of Nunavut orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and
(d)
despite paragraph (a), if the conviction against which the accused appealed was for an indictable offence mentioned in section 553, the new trial shall be held before a judge acting under Part XIX, other than the judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance.

Election if new trial a jury trial

(5.1) Subject to subsection (5.2), if a new trial ordered by the court of appeal is to be held before a court composed of a judge and jury,

(a)
the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge;
(b)
the election shall be deemed to be a re-election within the meaning of subsection 561(5); and
(c)
subsection 561(5) applies, with such modifications as the circumstances require, to the election.

Election if new trial a jury trial — Nunavut

(5.2) If a new trial ordered by the Court of Appeal of Nunavut is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election shall be deemed to be a re-election within the meaning of subsection 561.1(1), and subsection 561.1(6) applies, with any modifications that the circumstances require, to the election.

Where appeal allowed against verdict of unfit to stand trial

(6)
Where a court of appeal allows an appeal against a verdict that the accused is unfit to stand trial, it shall, subject to subsection (7), order a new trial.
Appeal court may set aside verdict of unfit to stand trial
(7)
Where the verdict that the accused is unfit to stand trial was returned after the close of the case for the prosecution, the court of appeal may, notwithstanding that the verdict is proper, if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution, allow the appeal, set aside the verdict and direct a judgment or verdict of acquittal to be entered.
Additional powers
(8)
Where a court of appeal exercises any of the powers conferred by subsection (2), (4),
(6)
or (7), it may make any order, in addition, that justice requires.

R.S., 1985, c. C-46, s. 686; R.S., 1985, c. 27 (1st Supp.), ss. 145, 203; 1991, c. 43, s. 9; 1997, c. 18, s. 98; 1999, c. 3, s. 52, c. 5, s. 26.

Powers of court on appeal against sentence 687. (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive,

(a)
vary the sentence within the limits prescribed by law for the offence of which the accused was convicted; or
(b)
dismiss the appeal. Effect of judgment
(2)
A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.

R.S., c. C-34, s. 614.
Right of appellant to attend

688. (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal.

Appellant represented by counsel

(2)
An appellant who is in custody and who is represented by counsel is not entitled to be present
(a)
at the hearing of the appeal, where the appeal is on a ground involving a question of law alone,
(b)
on an application for leave to appeal, or
(c)
on any proceedings that are preliminary or incidental to an appeal,

unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present. Manner of appearance

(2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,

(a)
at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and
(b)
at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication.
Argument may be oral or in writing
(3)
An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.
Sentence in absence of appellant
(4)
A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present.

R.S., 1985, c. C-46, s. 688; 2002, c. 13, s. 68. Restitution or forfeiture of property

689. (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended

(a)
until the expiration of the period prescribed by rules of court for the giving of notice of appeal or of notice of application for leave to appeal, unless the accused waives an appeal; and
(b)
until the appeal or application for leave to appeal has been determined, where an appeal is taken or application for leave to appeal is made.
Annulling or varying order
(2)
The court of appeal may by order annul or vary an order made by the trial court with respect to compensation or the restitution of property within the limits prescribed by the provision under which the order was made by the trial court, whether or not the conviction is quashed.

R.S., 1985, c. C-46, s. 689; R.S., 1985, c. 42 (4th Supp.), s. 5; 1995, c. 22, s. 10; 2002, c. 13, s. 69; 2005, c. 44, s. 12.

Previous Version

690. [Repealed, 2002, c. 13, s. 70]

Appeals to the Supreme Court of Canada

Appeal from conviction 691. (1) A person who is convicted of an indictable offence and whose conviction is affirmed by the court of appeal may appeal to the Supreme Court of Canada

(a)
on any question of law on which a judge of the court of appeal dissents; or
(b)
on any question of law, if leave to appeal is granted by the Supreme Court of Canada. Appeal where acquittal set aside
(2)
A person who is acquitted of an indictable offence other than by reason of a verdict of not criminally responsible on account of mental disorder and whose acquittal is set aside by the court of appeal may appeal to the Supreme Court of Canada
(a)
on any question of law on which a judge of the court of appeal dissents;
(b)
on any question of law, if the Court of Appeal enters a verdict of guilty against the person; or
(c)
on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

R.S., 1985, c. C-46, s. 691; R.S., 1985, c. 34 (3rd Supp.), s. 10; 1991, c. 43, s. 9; 1997, c. 18, s. 99.

Appeal against affirmation of verdict of not criminally responsible on account of mental disorder

692. (1) A person who has been found not criminally responsible on account of mental disorder and

(a)
whose verdict is affirmed on that ground by the court of appeal, or
(b)
against whom a verdict of guilty is entered by the court of appeal under subparagraph 686(4)(b)(ii),
may appeal to the Supreme Court of Canada. Appeal against affirmation of verdict of unfit to stand trial
(2)
A person who is found unfit to stand trial and against whom that verdict is affirmed by the court of appeal may appeal to the Supreme Court of Canada.
Grounds of appeal
(3)
An appeal under subsection (1) or (2) may be
(a)
on any question of law on which a judge of the court of appeal dissents; or
(b)
on any question of law, if leave to appeal is granted by the Supreme Court of Canada.
R.S., 1985, c. C-46, s. 692; R.S., 1985, c. 34 (3rd Supp.), s. 11; 1991, c. 43, s. 9.
Appeal by Attorney General


693. (1) Where a judgment of a court of appeal sets aside a conviction pursuant to an appeal taken under section 675 or dismisses an appeal taken pursuant to paragraph 676(1)(a), (b) or (c) or subsection 676(3), the Attorney General may appeal to the Supreme Court of Canada

(a)
on any question of law on which a judge of the court of appeal dissents; or
(b)
on any question of law, if leave to appeal is granted by the Supreme Court of Canada. Terms
(2)
Where leave to appeal is granted under paragraph (1)(b), the Supreme Court of Canada may impose such terms as it sees fit.

R.S., 1985, c. C-46, s. 693; R.S., 1985, c. 27 (1st Supp.), s. 146, c. 34 (3rd Supp.), s. 12. Notice of appeal

694. No appeal lies to the Supreme Court of Canada unless notice of appeal in writing is served by the appellant on the respondent in accordance with the Supreme Court Act.

R.S., 1985, c. C-46, s. 694; R.S., 1985, c. 34 (3rd Supp.), s. 13. Legal assistance for accused

694.1 (1) The Supreme Court of Canada or a judge thereof may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal to the Court or to proceedings preliminary or incidental to an appeal to the Court where, in the opinion of the Court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

Counsel fees and disbursements

(2)
Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal.
Taxation of fees and disbursements
(3)
Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the Registrar of the Supreme Court of Canada, and the Registrar may tax the disputed fees and disbursements.

R.S., 1985, c. 34 (3rd Supp.), s. 13; 1992, c. 1, s. 60(F).

Right of appellant to attend

694.2 (1) Subject to subsection (2), an appellant who is in custody and who desires to be present at the hearing of the appeal before the Supreme Court of Canada is entitled to be present at it.

Appellant represented by counsel

(2)
An appellant who is in custody and who is represented by counsel is not entitled to be present before the Supreme Court of Canada
(a)
on an application for leave to appeal,
(b)
on any proceedings that are preliminary or incidental to an appeal, or
(c)
at the hearing of the appeal,

unless rules of court provide that entitlement or the Supreme Court of Canada or a judge
thereof gives the appellant leave to be present.
R.S., 1985, c. 34 (3rd Supp.), s. 13.
Order of Supreme Court of Canada

695. (1) The Supreme Court of Canada may, on an appeal under this Part, make any order that the court of appeal might have made and may make any rule or order that is necessary to give effect to its judgment.

Election if new trial

(2)
Subject to subsection (3), if a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge. The election is deemed to be a re-election within the meaning of subsection 561(5) and subsections 561(5) to (7) apply to it with any modifications that the circumstances require.
Nunavut
(3)
If a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury in Nunavut, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election is deemed to be a re-election within the meaning of subsection 561.1(6) and subsections 561.1(6) to (9) apply to it with any modifications that the circumstances require.

R.S., 1985, c. C-46, s. 695; 1999, c. 5, s. 27; 2008, c. 18, s. 31.

Previous Version

Appeals by Attorney General of Canada

Right of Attorney General of Canada to appeal

696. The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

R.S., c. C-34, s. 624.

PART XXI.1

APPLICATIONS FOR MINISTERIAL REVIEW — MISCARRIAGES OF JUSTICE

Application

696.1 (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted.

Form of application

(2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations.

2002, c. 13, s. 71.

Review of applications

696.2 (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations.

Powers of investigation

(2)
For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.
Delegation
(3)
Despite subsection 11(3) of the Inquiries Act, the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2).

2002, c. 13, s. 71.

Definition of “court of appeal”

696.3 (1) In this section, “the court of appeal” means the court of appeal, as defined by the definition “court of appeal” in section 2, for the province in which the person to whom an application under this Part relates was tried.

Power to refer

(2)
The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly.
Powers of Minister of Justice
(3)
On an application under this Part, the Minister of Justice may
(a)
if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred,
(i)
direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or
(ii)
refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or
(b)
dismiss the application. No appeal
(4)
A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal.

2002, c. 13, s. 71. Considerations

696.4 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including

(a)
whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV;
(b)
the relevance and reliability of information that is presented in connection with the application; and
(c)
the fact that an application under this Part is not intended to serve as a further appeal and any remedy available on such an application is an extraordinary remedy.

2002, c. 13, s. 71. Annual report

696.5 The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part.

2002, c. 13, s. 71. Regulations

696.6 The Governor in Council may make regulations

(a)
prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part;
(b)
prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and
(c)
respecting the form and content of the annual report under section 696.5. 2002, c. 13, s. 71.

PART XXII PROCURING ATTENDANCE Application

Application

697. Except where section 527 applies, this Part applies where a person is required to attend to give evidence in a proceeding to which this Act applies.

R.S., c. C-34, s. 625.

Process

Subpoena

698. (1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part requiring that person to attend to give evidence.

Warrant in Form 17

(2)
Where it is made to appear that a person who is likely to give material evidence
(a)
will not attend in response to a subpoena if a subpoena is issued, or
(b)
is evading service of a subpoena,

a court, justice or provincial court judge having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 17 to cause that person to be arrested and to be brought to give evidence.

Subpoena issued first (3) Except where paragraph (2)(a) applies, a warrant in Form 17 shall not be issued unless a subpoena has first been issued.

R.S., 1985, c. C-46, s. 698; R.S., 1985, c. 27 (1st Supp.), s. 203. Who may issue

699. (1) If a person is required to attend to give evidence before a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX, a subpoena directed to that person shall be issued out of the court before which the attendance of that person is required.

Order of judge

(2)
If a person is required to attend to give evidence before a provincial court judge acting under Part XIX or a summary conviction court under Part XXVII or in proceedings over which a justice has jurisdiction, a subpoena directed to the person shall be issued
(a)
by a provincial court judge or a justice, where the person whose attendance is required is within the province in which the proceedings were instituted; or
(b)
by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted, where the person whose attendance is required is not within the province.
Order of judge
(3)
A subpoena shall not be issued out of a superior court of criminal jurisdiction pursuant to paragraph (2)(b), except pursuant to an order of a judge of the court made on application by a party to the proceedings.
Seal
(4)
A subpoena or warrant that is issued by a court under this Part shall be under the seal of the court and shall be signed by a judge of the court or by the clerk of the court.
Signature
(5)
A subpoena or warrant that is issued by a justice or provincial court judge under this Part shall be signed by the justice or provincial court judge.

Sexual offences

(5.1) Notwithstanding anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.1 to 278.91, must be issued and signed by a judge.

Form of subpoena

(6)
Subject to subsection (7), a subpoena issued under this Part may be in Form 16. Form of subpoena in sexual offences
(7)
In the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring anything to the court shall be in Form 16.1.

R.S., 1985, c. C-46, s. 699; R.S., 1985, c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 69; 1997,

c. 30, s. 2; 1999, c. 5, s. 28. Contents of subpoena

700. (1) A subpoena shall require the person to whom it is directed to attend, at a time and place to be stated in the subpoena, to give evidence and, if required, to bring with him anything that he has in his possession or under his control relating to the subject-matter of the proceedings.

Witness to appear and remain

(2) A person who is served with a subpoena issued under this Part shall attend and shall remain in attendance throughout the proceedings unless he is excused by the presiding judge, justice or provincial court judge.

R.S., 1985, c. C-46, s. 700; R.S., 1985, c. 27 (1st Supp.), ss. 148, 203.

Video links, etc.

700.1 (1) If a person is to give evidence under section 714.1 or 714.3 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at such a place.

Sections of Criminal Code

(2) Sections 699, 700 and 701 to 703.2 apply, with any modifications that the circumstances require, to a subpoena issued under this section.

1999, c. 18, s. 94.

Execution or Service of Process

Service

701. (1) Subject to subsection (2), a subpoena shall be served in a province by a peace officer or any other person who is qualified in that province to serve civil process, in accordance with subsection 509(2), with such modifications as the circumstances require.

Personal service

(2)
A subpoena that is issued pursuant to paragraph 699(2)(b) shall be served personally on the person to whom it is directed.
(3)
[Repealed, 2008, c. 18, s. 32]
R.S., 1985, c. C-46, s. 701; 1994, c. 44, s. 70; 2008, c. 18, s. 32.
Previous Version
Service in accordance with provincial laws



    1. Despite section 701, in any province, service of a document may be made in accordance with the laws of the province relating to offences created by the laws of that province.
    2. 1997, c. 18, s. 100; 2008, c. 18, s. 33. Previous Version Subpoena effective throughout Canada
  1. (1) A subpoena that is issued by a provincial court judge or out of a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction has effect anywhere in Canada according to its terms.

Subpoena effective throughout province

(2) A subpoena that is issued by a justice has effect anywhere in the province in which it is issued.

R.S., 1985, c. C-46, s. 702; 1994, c. 44, s. 71. Warrant effective throughout Canada

703. (1) Notwithstanding any other provision of this Act, a warrant of arrest or committal that is issued out of a superior court of criminal jurisdiction, a court of appeal, an appeal court within the meaning of section 812 or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX may be executed anywhere in Canada.

Warrant effective in a province

(2) Despite any other provision of this Act but subject to subsections 487.0551(2) and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.

R.S., 1985, c. C-46, s. 703; R.S., 1985, c. 27 (1st Supp.), s. 149; 2007, c. 22, s. 22. Previous Version Summons effective throughout Canada

703.1 A summons may be served anywhere in Canada and, if served, is effective notwithstanding the territorial jurisdiction of the authority that issued the summons.

R.S., 1985, c. 27 (1st Supp.), s. 149. Service of process on an organization

703.2 Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery

(a)
in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and
(b)
in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches.

R.S., 1985, c. 27 (1st Supp.), s. 149; 2003, c. 21, s. 13. Previous Version

Defaulting or Absconding Witness

Warrant for absconding witness

704. (1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.

Endorsement of warrant

(2)
Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.
Copy of information
(3)
A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.

R.S., 1985, c. C-46, s. 704; R.S., 1985, c. 27 (1st Supp.), s. 203. Warrant when witness does not attend

705. (1) Where a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may, if it is established

(a)
that the subpoena has been served in accordance with this Part, and
(b)
that the person is likely to give material evidence,
issue or cause to be issued a warrant in Form 17 for the arrest of that person.
Warrant where witness bound by recognizance


(2)
Where a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue or cause to be issued a warrant in Form 17 for the arrest of that person.
Warrant effective throughout Canada
(3)
A warrant that is issued by a justice or provincial court judge pursuant to subsection
(1)
or (2) may be executed anywhere in Canada.
R.S., 1985, c. C-46, s. 705; R.S., 1985, c. 27 (1st Supp.), s. 203.
Order where witness arrested under warrant


706. Where a person is brought before a court, judge, justice or provincial court judge under a warrant issued pursuant to subsection 698(2) or section 704 or 705, the court, judge, justice or provincial court judge may order that the person

(a)
be detained in custody, or
(b)
be released on recognizance in Form 32, with or without sureties,

to appear and give evidence when required.

R.S., 1985, c. C-46, s. 706; R.S., 1985, c. 27 (1st Supp.), s. 203.

Maximum period for detention of witness

707. (1) No person shall be detained in custody under the authority of any provision of this Act, for the purpose only of appearing and giving evidence when required as a witness, for any period exceeding thirty days unless prior to the expiration of those thirty days he has been brought before a judge of a superior court of criminal jurisdiction in the province in which he is being detained.

Application by witness to judge

(2)
Where at any time prior to the expiration of the thirty days referred to in subsection (1), a witness being detained in custody as described in that subsection applies to be brought before a judge of a court described therein, the judge before whom the application is brought shall fix a time prior to the expiration of those thirty days for the hearing of the application and shall cause notice of the time so fixed to be given to the witness, the person having custody of the witness and such other persons as the judge may specify, and at the time so fixed for the hearing of the application the person having custody of the witness shall cause the witness to be brought before a judge of the court for that purpose.
Review of detention
(3)
If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, he shall order him to be discharged, or to be released on recognizance in Form 32, with or without sureties, to appear and to give evidence when required, but if the judge is satisfied that the continued detention of the witness is justified, he may order his continued detention until the witness does what is required of him pursuant to section 550 or the trial is concluded, or until the witness appears and gives evidence when required, as the case may be, except that the total period of detention of the witness from the time he was first detained in custody shall not in any case exceed ninety days.

R.S., c. C-34, s. 635.

Contempt

708. (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.

Punishment

(2)
A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.
Form
(3)
A conviction under this section may be in Form 38 and a warrant of committal in respect of a conviction under this section may be in Form 25.

R.S., 1985, c. C-46, s. 708; R.S., 1985, c. 27 (1st Supp.), s. 203.

Electronically Transmitted Copies

Electronically transmitted copies

708.1 A copy of a summons, warrant or subpoena transmitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Act.

1997, c. 18, s. 101.

Evidence on Commission

Order appointing commissioner

709. (1) A party to proceedings by way of indictment or summary conviction may apply for an order appointing a commissioner to take the evidence of a witness who

(a)
is, by reason of
(i)
physical disability arising out of illness, or
(ii)
any other good and sufficient cause,
not likely to be able to attend at the time the trial is held; or


(b)
is out of Canada.
Idem


(2)
A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.

R.S., 1985, c. C-46, s. 709; R.S., 1985, c. 27 (1st Supp.), s. 150; 1994, c. 44, s. 72. Application where witness is ill

710. (1) An application under paragraph 709(1)(a) shall be made

(a)
to a judge of a superior court of the province in which the proceedings are taken;
(b)
to a judge of a county or district court in the territorial division in which the proceedings are taken; or
(c)
to a provincial court judge, where
(i)
at the time the application is made, the accused is before a provincial court judge presiding over a preliminary inquiry under Part XVIII, or
(ii)
the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.
Evidence of medical practitioner
(2)
An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.

R.S., 1985, c. C-46, s. 710; R.S., 1985, c. 27 (1st Supp.), s. 151; 1994, c. 44, s. 73. Admitting evidence of witness who is ill

711. Where the evidence of a witness mentioned in paragraph 709(1)(a) is taken by a commissioner appointed under section 710, it may be admitted in evidence in the proceedings if

(a)
it is proved by oral evidence or by affidavit that the witness is unable to attend by reason of death or physical disability arising out of illness or some other good and sufficient cause;
(b)
the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and
(c)
it is proved to the satisfaction of the court that reasonable notice of the time for taking the evidence was given to the other party, and that the accused or his counsel, or the prosecutor or his counsel, as the case may be, had or might have had full opportunity to cross-examine the witness.

R.S., 1985, c. C-46, s. 711; R.S., 1985, c. 27 (1st Supp.), s. 152; 1994, c. 44, s. 74; 1997,

c. 18, s. 102.
Application for order when witness out of Canada

712. (1) An application that is made under paragraph 709(1)(b) shall be made

(a)
to a judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction before which the accused is to be tried; or
(b)
to a provincial court judge, where the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.
Admitting evidence of witness out of Canada
(2)
Where the evidence of a witness is taken by a commissioner appointed under this section, it may be admitted in evidence in the proceedings.
(3)
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 153]
R.S., 1985, c. C-46, s. 712; R.S., 1985, c. 27 (1st Supp.), s. 153; 1994, c. 44, s. 75; 1997,

c.
18, s. 103.
Providing for presence of accused counsel

713. (1) A judge or provincial court judge who appoints a commissioner may make provision in the order to enable an accused to be present or represented by counsel when the evidence is taken, but failure of the accused to be present or to be represented by counsel in accordance with the order does not prevent the admission of the evidence in the proceedings if the evidence has otherwise been taken in accordance with the order and with this Part.

Return of evidence

(2) An order for the taking of evidence by commission shall indicate the officer of the court to whom the evidence that is taken under the order shall be returned.

R.S., 1985, c. C-46, s. 713; R.S., 1985, c. 27 (1st Supp.), s. 203; 1997, c. 18, s. 104. Evidence not excluded

    1. Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the evidence is consistent with the law of the country where it was taken and that the process used to take the evidence was not contrary to the principles of fundamental justice.
    2. 1994, c. 44, s. 76.
      Rules and practice same as in civil cases

  1. Except where otherwise provided by this Part or by rules of court, the practice and procedure in connection with the appointment of commissioners under this Part, the taking of evidence by commissioners, the certifying and return thereof and the use of the evidence in the proceedings shall, as far as possible, be the same as those that govern like matters in civil proceedings in the superior court of the province in which the proceedings are taken.

R.S., c. C-34, s. 642.

Video and Audio Evidence

Video links, etc. — witness in Canada

714.1 A court may order that a witness in Canada give evidence by means of technology that permits the witness to testify elsewhere in Canada in the virtual presence of the parties and the court, if the court is of the opinion that it would be appropriate in all the circumstances, including

(a)
the location and personal circumstances of the witness;
(b)
the costs that would be incurred if the witness had to be physically present; and
(c)
the nature of the witness’ anticipated evidence.
1999, c. 18, s. 95.
Video links, etc. — witness outside Canada


714.2 (1) A court shall receive evidence given by a witness outside Canada by means of technology that permits the witness to testify in the virtual presence of the parties and the court unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.

Notice

(2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than ten days before the witness is scheduled to testify.

1999, c. 18, s. 95.

Audio evidence — witness in Canada 714.3 The court may order that a witness in Canada give evidence by means of technology that permits the parties and the court to hear and examine the witness elsewhere in Canada, if the court is of the opinion that it would be appropriate, considering all the circumstances including

(a)
the location and personal circumstances of the witness;
(b)
the costs that would be incurred if the witness had to be physically present;
(c)
the nature of the witness’ anticipated evidence; and
(d)
any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.

1999, c. 18, s. 95.
Audio evidence — witness outside Canada

714.4 The court may receive evidence given by a witness outside Canada by means of technology that permits the parties and the court in Canada to hear and examine the witness, if the court is of the opinion that it would be appropriate, considering all the circumstances including

(a)
the nature of the witness’ anticipated evidence; and
(b)
any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.

1999, c. 18, s. 95. Oath or affirmation

714.5 The evidence given under section 714.2 or 714.4 shall be given

(a)
under oath or affirmation in accordance with Canadian law;
(b)
under oath or affirmation in accordance with the law in the place in which the witness is physically present; or
(c)
in any other manner that demonstrates that the witness understands that they must tell the truth.

1999, c. 18, s. 95.
Other laws about witnesses to apply

714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.4, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.

1999, c. 18, s. 95.

Costs of technology

714.7 A party who wishes to call a witness to give evidence by means of the technology referred to in section 714.1, 714.2, 714.3 or 714.4 shall pay any costs associated with the use of the technology.

1999, c. 18, s. 95.

Consent

714.8 Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by means of the technology referred to in sections 714.1 to 714.4 if the parties so consent.

1999, c. 18, s. 95.

Evidence Previously Taken

Evidence at preliminary inquiry may be read at trial in certain cases

715. (1) Where, at the trial of an accused, a person whose evidence was given at a previous trial on the same charge, or whose evidence was taken in the investigation of the charge against the accused or on the preliminary inquiry into the charge, refuses to be sworn or to give evidence, or if facts are proved on oath from which it can be inferred reasonably that the person

(a)
is dead,
(b)
has since become and is insane,
(c)
is so ill that he is unable to travel or testify, or
(d)
is absent from Canada,

and where it is proved that the evidence was taken in the presence of the accused, it may be admitted as evidence in the proceedings without further proof, unless the accused proves that the accused did not have full opportunity to cross-examine the witness.

Admission of evidence (2) Evidence that has been taken on the preliminary inquiry or other investigation of a charge against an accused may be admitted as evidence in the prosecution of the accused for any other offence on the same proof and in the same manner in all respects, as it might, according to law, be admitted as evidence in the prosecution of the offence with which the accused was charged when the evidence was taken.

Admission of evidence

(2.1) Despite subsections (1) and (2), evidence that has been taken at a preliminary inquiry in the absence of the accused may be admitted as evidence for the purposes referred to in those subsections if the accused was absent further to the permission of a justice granted under paragraph 537(1)(j.1).

Absconding accused deemed present

(3)
For the purposes of this section, where evidence was taken at a previous trial or preliminary hearing or other proceeding in respect of an accused in the absence of the accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.
Exception
(4)
Subsections (1) to (3) do not apply in respect of evidence received under subsection 540(7).

R.S., 1985, c. C-46, s. 715; 1994, c. 44, s. 77; 1997, c. 18, s. 105; 2002, c. 13, s. 72; 2008,

c. 18, s. 34.

Previous Version

Video-recorded Evidence

Evidence of victim or witness under 18

715.1 (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

Order prohibiting use

(2) The presiding judge or justice may prohibit any other use of a video recording
referred to in subsection (1).
R.S., 1985, c. 19 (3rd Supp.), s. 16; 1997, c. 16, s. 7; 2005, c. 32, s. 23.

Previous Version Evidence of victim or witness who has a disability

715.2 (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

Order prohibiting use

(2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

1998, c. 9, s. 8; 2005, c. 32, s. 23. Previous Version

PART XXIII SENTENCING Interpretation

Definitions

716. In this Part,
“accused”
« accusé »
“accused” includes a defendant;
“alternative measures”

« mesures de rechange »
“alternative measures” means measures other than judicial proceedings under this Act

used to deal with a person who is eighteen years of age or over and alleged to have
committed an offence;
“court”
« tribunal »
“court” means

(a)
a superior court of criminal jurisdiction,
(b)
a court of criminal jurisdiction,
(c)
a justice or provincial court judge acting as a summary conviction court under Part XXVII, or
(d)
a court that hears an appeal;
“fine”
« amende »
“fine” includes a pecuniary penalty or other sum of money, but does not include



restitution.
R.S., 1985, c. C-46, s. 716; R.S., 1985, c. 27 (1st Supp.), s. 154; 1995, c. 22, s. 6; 1999, c.
5, s. 29(E).

Alternative Measures

When alternative measures may be used

717. (1) Alternative measures may be used to deal with a person alleged to have committed an offence only if it is not inconsistent with the protection of society and the following conditions are met:

(a)
the measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province;
(b)
the person who is considering whether to use the measures is satisfied that they would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of society and of the victim;
(c)
the person, having been informed of the alternative measures, fully and freely consents to participate therein;
(d)
the person has, before consenting to participate in the alternative measures, been advised of the right to be represented by counsel;
(e)
the person accepts responsibility for the act or omission that forms the basis of the offence that the person is alleged to have committed;
(f)
there is, in the opinion of the Attorney General or the Attorney General’s agent, sufficient evidence to proceed with the prosecution of the offence; and
(g)
the prosecution of the offence is not in any way barred at law.
Restriction on use
(2)
Alternative measures shall not be used to deal with a person alleged to have committed an offence if the person
(a)
denies participation or involvement in the commission of the offence; or
(b)
expresses the wish to have any charge against the person dealt with by the court.
Admissions not admissible in evidence
(3)
No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings.
No bar to proceedings
(4)
The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, if a charge is laid against that person in respect of that offence,
(a)
where the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court shall dismiss the charge; and
(b)
where the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s performance with respect to the alternative measures.
Laying of information, etc.
(5)
Subject to subsection (4), nothing in this section shall be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law.

R.S., 1985, c. C-46, s. 717; 1995, c. 22, s. 6.

Records of persons dealt with

717.1 Sections 717.2 to 717.4 apply only in respect of persons who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions of the alternative measures.

1995, c. 22, s. 6.

Police records

717.2 (1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence.

Disclosure by peace officer

(2)
A peace officer may disclose to any person any information in a record kept pursuant to this section that it is necessary to disclose in the conduct of the investigation of an offence.
Idem
(3)
A peace officer may disclose to an insurance company any information in a record kept pursuant to this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates.

1995, c. 22, s. 6.

Government records

717.3 (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency

(a)
for the purposes of an investigation of an offence alleged to have been committed by a person;
(b)
for use in proceedings against a person under this Act; or
(c)
as a result of the use of alternative measures to deal with a person. Private records
(2)
Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence.

1995, c. 22, s. 6.

Disclosure of records

717.4 (1) Any record that is kept pursuant to section 717.2 or 717.3 may be made available to

(a)
any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates;
(b)
any peace officer
(i)
for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or
(ii)
for any purpose related to the administration of the case to which the record relates;
(c)
any member of a department or agency of a government in Canada, or any agent thereof, that is
(i)
engaged in the administration of alternative measures in respect of the person, or
(ii)
preparing a report in respect of the person pursuant to this Act; or
(d)
any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is
(i)
desirable in the public interest for research or statistical purposes, or
(ii)
desirable in the interest of the proper administration of justice. Subsequent disclosure
(2)
Where a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.
Information, copies
(3)
Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.
Evidence
(4)
Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.
Idem
(5)
A record kept pursuant to section 717.2 or 717.3 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period for which the person agreed to participate in the alternative measures.

1995, c. 22, s. 6.

Purpose and Principles of Sentencing

Purpose

718. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

(a)
to denounce unlawful conduct;
(b)
to deter the offender and other persons from committing offences;
(c)
to separate offenders from society, where necessary;
(d)
to assist in rehabilitating offenders;
(e)
to provide reparations for harm done to victims or to the community; and
(f)
to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.

R.S., 1985, c. C-46, s. 718; R.S., 1985, c. 27 (1st Supp.), s. 155; 1995, c. 22, s. 6.

Objectives — offences against children

718.01 When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

2005, c. 32, s. 24.

Objectives — offence against peace officer or other justice system participant

718.02 When a court imposes a sentence for an offence under subsection 270(1), section

270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

2009, c. 22, s. 18.

Fundamental principle

718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

R.S., 1985, c. 27 (1st Supp.), s. 156; 1995, c. 22, s. 6. Other sentencing principles

718.2 A court that imposes a sentence shall also take into consideration the following principles:

(a)
a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
(i)
evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor,
(ii)
evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner,

(ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,

(iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,

(iv)
evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or
(v)
evidence that the offence was a terrorism offence shall be deemed to be aggravating circumstances;
(b)
a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;
(c)
where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;
(d)
an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and
(e)
all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

1995, c. 22, s. 6; 1997, c. 23, s. 17; 2000, c. 12, s. 95; 2001, c. 32, s. 44(F), c. 41, s. 20; 2005, c. 32, s. 25.

Previous Version

Organizations

Additional factors

718.21 A court that imposes a sentence on an organization shall also take into consideration the following factors:

(a)
any advantage realized by the organization as a result of the offence;
(b)
the degree of planning involved in carrying out the offence and the duration and complexity of the offence;
(c)
whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution;
(d)
the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees;
(e)
the cost to public authorities of the investigation and prosecution of the offence;
(f)
any regulatory penalty imposed on the organization or one of its representatives in respect of the conduct that formed the basis of the offence;
(g)
whether the organization was — or any of its representatives who were involved in the commission of the offence were — convicted of a similar offence or sanctioned by a regulatory body for similar conduct;
(h)
any penalty imposed by the organization on a representative for their role in the commission of the offence;
(i)
any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and
(j)
any measures that the organization has taken to reduce the likelihood of it committing a subsequent offence.

2003, c. 21, s. 14.

Punishment Generally

Degrees of punishment

718.3 (1) Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence.

Discretion respecting punishment

(2)
Where an enactment prescribes a punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment.
Imprisonment in default where term not specified
(3)
Where an accused is convicted of an offence punishable with both fine and imprisonment and a term of imprisonment in default of payment of the fine is not specified in the enactment that prescribes the punishment to be imposed, the imprisonment that may be imposed in default of payment shall not exceed the term of imprisonment that is prescribed in respect of the offence.
(4)
The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when
(a)
the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed;
(b)
the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed;
(c)
the accused is found guilty or convicted of more than one offence, and
(i)
more than one fine is imposed,
(ii)
terms of imprisonment for the respective offences are imposed, or

Cumulative punishments (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or

(d) subsection 743.5(1) or (2) applies.
1995, c. 22, s. 6; 1997, c. 18, s. 141; 2002, c. 1, s. 182.
Previous Version
Commencement of sentence

719. (1) A sentence commences when it is imposed, except where a relevant enactment otherwise provides.

Time at large excluded from term of imprisonment

(2)
Any time during which a convicted person is unlawfully at large or is lawfully at large on interim release granted pursuant to any provision of this Act does not count as part of any term of imprisonment imposed on the person.
Determination of sentence
(3)
In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.

Exception (3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.1) or the person was detained in custody under subsection 524(4) or (8).

Reasons

(3.2) The court shall give reasons for any credit granted and shall cause those reasons to be stated in the record.

Record of proceedings

(3.3) The court shall cause to be stated in the record and on the warrant of committal the offence, the amount of time spent in custody, the term of imprisonment that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.

Validity not affected

(3.4) Failure to comply with subsection (3.2) or (3.3) does not affect the validity of the sentence imposed by the court.

When time begins to run

(4)
Notwithstanding subsection (1), a term of imprisonment, whether imposed by a trial court or the court appealed to, commences or shall be deemed to be resumed, as the case may be, on the day on which the convicted person is arrested and taken into custody under the sentence.
When fine imposed
(5)
Notwithstanding subsection (1), where the sentence that is imposed is a fine with a term of imprisonment in default of payment, no time prior to the day of execution of the warrant of committal counts as part of the term of imprisonment.
Application for leave to appeal
(6)
An application for leave to appeal is an appeal for the purposes of this section.

R.S., 1985, c. C-46, s. 719; R.S., 1985, c. 27 (1st Supp.), s. 157; 1995, c. 22, s. 6; 2009, c.
29, s. 3.
Previous Version

Procedure and Evidence

Sentencing proceedings

720. (1) A court shall, as soon as practicable after an offender has been found guilty, conduct proceedings to determine the appropriate sentence to be imposed.

Court-supervised programs

(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program or a domestic violence counselling program.

R.S., 1985, c. C-46, s. 720; 1995, c. 22, s. 6; 2008, c. 18, s. 35.

Previous Version

Report by probation officer

721. (1) Subject to regulations made under subsection (2), where an accused, other than an organization, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a court, prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged under section 730.

Provincial regulations

(2)
The lieutenant governor in council of a province may make regulations respecting the types of offences for which a court may require a report, and respecting the content and form of the report.
Content of report
(3)
Unless otherwise specified by the court, the report must, wherever possible, contain information on the following matters:
(a)
the offender’s age, maturity, character, behaviour, attitude and willingness to make amends;
(b)
subject to subsection 119(2) of the Youth Criminal Justice Act, the history of previous dispositions under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the history of previous sentences under the Youth Criminal Justice Act, and of previous findings of guilt under this Act and any other Act of Parliament;
(c)
the history of any alternative measures used to deal with the offender, and the offender’s response to those measures; and
(d)
any matter required, by any regulation made under subsection (2), to be included in the report.
Idem
(4)
The report must also contain information on any other matter required by the court, after hearing argument from the prosecutor and the offender, to be included in the report, subject to any contrary regulation made under subsection (2).
Copy of report
(5)
The clerk of the court shall provide a copy of the report, as soon as practicable after filing, to the offender or counsel for the offender, as directed by the court, and to the prosecutor.

R.S., 1985, c. C-46, s. 721; R.S., 1985, c. 27 (1st Supp.), s. 203; 1995, c. 22, s. 6; 1999, c. 25, s. 16(Preamble); 2002, c. 1, s. 183; 2003, c. 21, s. 15.

Previous Version

Victim impact statement

722. (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged pursuant to section 730 in respect of any offence, the court shall consider any statement that may have been prepared in accordance with subsection (2) of a victim of the offence describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.

Procedure for victim impact statement

(2)
A statement referred to in subsection (1) must be
(a)
prepared in writing in the form and in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction; and
(b)
filed with the court. Presentation of statement

(2.1) The court shall, on the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (2), or to present the statement in any other manner that the court considers appropriate.

Evidence concerning victim admissible

(3)
Whether or not a statement has been prepared and filed in accordance with subsection (2), the court may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.
Definition of “victim”
(4)
For the purposes of this section and section 722.2, “victim”, in relation to an offence,
(a)
means a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and
(b)
where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or common-law partner or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person.

R.S., 1985, c. C-46, s. 722; 1995, c. 22, s. 6; 1999, c. 25, s. 17(Preamble); 2000, c. 12, s.

95.

Copy of statement

722.1 The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

1995, c. 22, s. 6; 1999, c. 25, s. 18(Preamble).

Inquiry by court

722.2 (1) As soon as practicable after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim or victims have been advised of the opportunity to prepare a statement referred to in subsection 722(1).

Adjournment

(2) On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection 722(1) or to present evidence in accordance with subsection 722(3), if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

1999, c. 25, s. 18(Preamble).

Submissions on facts

723. (1) Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed.

Submission of evidence

(2)
The court shall hear any relevant evidence presented by the prosecutor or the offender.
Production of evidence
(3)
The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence.
Compel appearance
(4)
Where it is necessary in the interests of justice, the court may, after consulting the parties, compel the appearance of any person who is a compellable witness to assist the court in determining the appropriate sentence.
Hearsay evidence
(5)
Hearsay evidence is admissible at sentencing proceedings, but the court may, if the court considers it to be in the interests of justice, compel a person to testify where the person
(a)
has personal knowledge of the matter;
(b)
is reasonably available; and
(c)
is a compellable witness.
R.S., 1985, c. C-46, s. 723; 1995, c. 22, s. 6.
Information accepted


724. (1) In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender.

Jury

(2)
Where the court is composed of a judge and jury, the court
(a)
shall accept as proven all facts, express or implied, that are essential to the jury’s verdict of guilty; and
(b)
may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact.
Disputed facts
(3)
Where there is a dispute with respect to any fact that is relevant to the determination of a sentence,
(a)
the court shall request that evidence be adduced as to the existence of the fact unless the court is satisfied that sufficient evidence was adduced at the trial;
(b)
the party wishing to rely on a relevant fact, including a fact contained in a presentence report, has the burden of proving it;
(c)
either party may cross-examine any witness called by the other party;
(d)
subject to paragraph (e), the court must be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and
(e)
the prosecutor must establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction by the offender.

R.S., 1985, c. C-46, s. 724; 1995, c. 22, s. 6. Other offences

725. (1) In determining the sentence, a court

(a)
shall consider, if it is possible and appropriate to do so, any other offences of which the offender was found guilty by the same court, and shall determine the sentence to be imposed for each of those offences;
(b)
shall consider, if the Attorney General and the offender consent, any outstanding charges against the offender to which the offender consents to plead guilty and pleads guilty, if the court has jurisdiction to try those charges, and shall determine the sentence to be imposed for each charge unless the court is of the opinion that a separate prosecution for the other offence is necessary in the public interest;

(b.1) shall consider any outstanding charges against the offender, unless the court is of the opinion that a separate prosecution for one or more of the other offences is necessary in the public interest, subject to the following conditions:

(i)
the Attorney General and the offender consent,
(ii)
the court has jurisdiction to try each charge,

(iii) each charge has been described in open court,

(iv)
the offender has agreed with the facts asserted in the description of each charge, and
(v)
the offender has acknowledged having committed the offence described in each charge; and
(c)
may consider any facts forming part of the circumstances of the offence that could constitute the basis for a separate charge.

Attorney General’s consent

(1.1) For the purpose of paragraphs (1)(b) and (b.1), the Attorney General shall take the public interest into account before consenting.

No further proceedings

(2)
The court shall, on the information or indictment, note
(a)
any outstanding charges considered in determining the sentence under paragraph (1)(b.1), and
(b)
any facts considered in determining the sentence under paragraph (1)(c),

and no further proceedings may be taken with respect to any offence described in those charges or disclosed by those facts unless the conviction for the offence of which the offender has been found guilty is set aside or quashed on appeal.

R.S., 1985, c. C-46, s. 725; R.S., 1985, c. 27 (1st Supp.), s. 158, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 6; 1999, c. 5, s. 31.

Offender may speak to sentence

726. Before determining the sentence to be imposed, the court shall ask whether the offender, if present, has anything to say.

R.S., 1985, c. C-46, s. 726; R.S., 1985, c. 27 (1st Supp.), s. 159, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 6.

Relevant information

726.1 In determining the sentence, a court shall consider any relevant information placed before it, including any representations or submissions made by or on behalf of the prosecutor or the offender.

1995, c. 22, s. 6.

Reasons for sentence

726.2 When imposing a sentence, a court shall state the terms of the sentence imposed, and the reasons for it, and enter those terms and reasons into the record of the proceedings.

1995, c. 22, s. 6.

Previous conviction

727. (1) Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof.

Procedure

(2)
Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced.
Where hearing ex parte
(3)
Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof.
Organizations
(4)
If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction.
(5)
This section does not apply to a person referred to in paragraph 745(b).

Section does not apply

R.S., 1985, c. C-46, s. 727; R.S., 1985, c. 27 (1st Supp.), s. 160; 1995, c. 22, s. 6; 2003, c.
21, s. 16.
Previous Version
Sentence justified by any count

    1. Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence.
    2. R.S., 1985, c. C-46, s. 728; 1995, c. 22, s. 6. Proof of certificate of analyst
  1. (1) In
(a)
a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or
(b)
a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,

a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

Definition of “analyst”

(2)
In this section, “analyst” means a person designated as an analyst under the Controlled Drugs and Substances Act.
Notice of intention to produce certificate
(3)
No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
(4)
and (5) [Repealed, 2008, c. 18, s. 36] Requiring attendance of analyst
(6)
The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

R.S., 1985, c. C-46, s. 729; 1995, c. 22, s. 6; 1999, c. 31, s. 69; 2004, c. 12, s. 11(E); 2008, c. 18, s. 36.

Previous Version

Absolute and Conditional Discharges

Conditional and absolute discharge

730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).

Period for which appearance notice, etc., continues in force

(2)
Subject to Part XVI, where an accused who has not been taken into custody or who has been released from custody under or by virtue of any provision of Part XVI pleads guilty of or is found guilty of an offence but is not convicted, the appearance notice, promise to appear, summons, undertaking or recognizance issued to or given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.
Effect of discharge
(3)
Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence except that
(a)
the offender may appeal from the determination of guilt as if it were a conviction in respect of the offence;
(b)
the Attorney General and, in the case of summary conviction proceedings, the informant or the informant’s agent may appeal from the decision of the court not to convict the offender of the offence as if that decision were a judgment or verdict of acquittal of the offence or a dismissal of the information against the offender; and
(c)
the offender may plead autrefois convict in respect of any subsequent charge relating to the offence.
Where person bound by probation order convicted of offence
(4)
Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged.

R.S., 1985, c. C-46, s. 730; 1995, c. 22, s. 6; 1997, c. 18, s. 141; 2003, c. 21, s. 17.

Previous Version

Probation

Making of probation order

731. (1) Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission,

(a)
if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or
(b)
in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order.
Idem
(2)
A court may also make a probation order where it discharges an accused under subsection 730(1).

(3.1) [Repealed, 1997, c. 17, s. 1]

R.S., 1985, c. C-46, s. 731; 1992, c. 1, s. 58, c. 20, s. 200; 1995, c. 22, s. 6; 1997, c. 17, s.

1.

Firearm, etc., prohibitions 731.1 (1) Before making a probation order, the court shall consider whether section 109 or 110 is applicable.

Application of section 109 or 110

(2) For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does not affect the operation of section 109 or 110.

1992, c. 20, s. 201; 1995, c. 22, s. 6; 2002, c. 13, s. 73. Intermittent sentence

732. (1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order

(a)
that the sentence be served intermittently at such times as are specified in the order; and
(b)
that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence.
Application to vary intermittent sentence
(2)
An offender who is ordered to serve a sentence of imprisonment intermittently may, on giving notice to the prosecutor, apply to the court that imposed the sentence to allow it to be served on consecutive days.
Court may vary intermittent sentence if subsequent offence
(3)
Where a court imposes a sentence of imprisonment on a person who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence shall be served on consecutive days unless the court otherwise orders.

R.S., 1985, c. C-46, s. 732; 1995, c. 22, s. 6.

Definitions

732.1 (1) In this section and section 732.2, “change” « modification »

“change”, in relation to optional conditions, includes deletions and additions;
“optional conditions”
« conditions facultatives »
“optional conditions” means the conditions referred to in subsection (3) or (3.1).
Compulsory conditions of probation order

(2)
The court shall prescribe, as conditions of a probation order, that the offender do all of the following:
(a)
keep the peace and be of good behaviour;
(b)
appear before the court when required to do so by the court; and
(c)
notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation.
Optional conditions of probation order
(3)
The court may prescribe, as additional conditions of a probation order, that the offender do one or more of the following:
(a)
report to a probation officer
(i)
within two working days, or such longer period as the court directs, after the making of the probation order, and
(ii)
thereafter, when required by the probation officer and in the manner directed by the probation officer;
(b)
remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer;
(c)
abstain from
(i)
the consumption of alcohol or other intoxicating substances, or
(ii)
the consumption of drugs except in accordance with a medical prescription;
(d)
abstain from owning, possessing or carrying a weapon;
(e)
provide for the support or care of dependants;
(f)
perform up to 240 hours of community service over a period not exceeding eighteen months;
(g)
if the offender agrees, and subject to the program director’s acceptance of the offender, participate actively in a treatment program approved by the province;

(g.1) where the lieutenant governor in council of the province in which the probation order is made has established a program for curative treatment in relation to the consumption of alcohol or drugs, attend at a treatment facility, designated by the lieutenant governor in council of the province, for assessment and curative treatment in relation to the consumption by the offender of alcohol or drugs that is recommended pursuant to the program;

(g.2) where the lieutenant governor in council of the province in which the probation order is made has established a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and

(h) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for protecting society and for facilitating the offender’s successful reintegration into the community.

Optional conditions — organization

(3.1) The court may prescribe, as additional conditions of a probation order made in respect of an organization, that the offender do one or more of the following:

(a)
make restitution to a person for any loss or damage that they suffered as a result of the offence;
(b)
establish policies, standards and procedures to reduce the likelihood of the organization committing a subsequent offence;
(c)
communicate those policies, standards and procedures to its representatives;
(d)
report to the court on the implementation of those policies, standards and procedures;
(e)
identify the senior officer who is responsible for compliance with those policies, standards and procedures;
(f)
provide, in the manner specified by the court, the following information to the public, namely,
(i)
the offence of which the organization was convicted,
(ii)
the sentence imposed by the court, and

(iii) any measures that the organization is taking — including any policies, standards and procedures established under paragraph (b) — to reduce the likelihood of it committing a subsequent offence; and

(g) comply with any other reasonable conditions that the court considers desirable to prevent the organization from committing subsequent offences or to remedy the harm caused by the offence.

Consideration — organizations

(3.2) Before making an order under paragraph (3.1)(b), a court shall consider whether it would be more appropriate for another regulatory body to supervise the development or implementation of the policies, standards and procedures referred to in that paragraph.

Form and period of order

(4)
A probation order may be in Form 46, and the court that makes the probation order shall specify therein the period for which it is to remain in force.
Obligations of court
(5)
The court that makes a probation order shall
(a)
cause a copy of the order to be given to the offender;
(b)
explain the conditions of the order set under subsections (2) to (3.1) and the substance of section 733.1 to the offender;
(c)
cause an explanation to be given to the offender of the procedure for applying under subsection 732.2(3) for a change to the optional conditions and of the substance of subsections 732.2(3) and (5); and
(d)
take reasonable measures to ensure that the offender understands the order and the explanations.
For greater certainty
(6)
For greater certainty, a failure to comply with subsection (5) does not affect the validity of the probation order.

1995, c. 22, s. 6; 1999, c. 32, s. 6(Preamble); 2003, c. 21, s. 18; 2008, c. 18, s. 37. Previous Version Coming into force of order

732.2 (1) A probation order comes into force

(a)
on the date on which the order is made;
(b)
where the offender is sentenced to imprisonment under paragraph 731(1)(b) or was previously sentenced to imprisonment for another offence, as soon as the offender is released from prison or, if released from prison on conditional release, at the expiration of the sentence of imprisonment; or
(c)
where the offender is under a conditional sentence order, at the expiration of the conditional sentence order.
Duration of order and limit on term of order
(2)
Subject to subsection (5),
(a)
where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, or is imprisoned under paragraph 731(1)(b) in default of payment of a fine, the order continues in force except in so far as the sentence renders it impossible for the offender for the time being to comply with the order; and
(b)
no probation order shall continue in force for more than three years after the date on which the order came into force.
Changes to probation order
(3)
A court that makes a probation order may at any time, on application by the offender, the probation officer or the prosecutor, require the offender to appear before it and, after hearing the offender and one or both of the probation officer and the prosecutor,
(a)
make any changes to the optional conditions that in the opinion of the court are rendered desirable by a change in the circumstances since those conditions were prescribed,
(b)
relieve the offender, either absolutely or on such terms or for such period as the court deems desirable, of compliance with any optional condition, or
(c)
decrease the period for which the probation order is to remain in force,

and the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions, inform the offender of its action and give the offender a copy of the order so endorsed.

Judge may act in chambers

(4)
All the functions of the court under subsection (3) may be exercised in chambers.
Where person convicted of offence
(5)
Where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, and
(a)
the time within which an appeal may be taken against that conviction has expired and the offender has not taken an appeal,
(b)
the offender has taken an appeal against that conviction and the appeal has been dismissed, or
(c)
the offender has given written notice to the court that convicted the offender that the offender elects not to appeal the conviction or has abandoned the appeal, as the case may be,
in addition to any punishment that may be imposed for that offence, the court that made the probation order may, on application by the prosecutor, require the offender to appear before it and, after hearing the prosecutor and the offender,
(d)
where the probation order was made under paragraph 731(1)(a), revoke the order and impose any sentence that could have been imposed if the passing of sentence had not been suspended, or
(e)
make such changes to the optional conditions as the court deems desirable, or extend the period for which the order is to remain in force for such period, not exceeding one year, as the court deems desirable,

and the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions or extends the period for which the order is to remain in force, inform the offender of its action and give the offender a copy of the order so endorsed.

Compelling appearance of person bound

(6) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under subsections (3) and (5).

1995, c. 22, s. 6; 2004, c. 12, s. 12(E).

Previous Version

Transfer of order 733. (1) Where an offender who is bound by a probation order becomes a resident of, or is convicted or discharged under section 730 of an offence including an offence under section 733.1 in, a territorial division other than the territorial division where the order was made, on the application of a probation officer, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order.

Attorney General’s consent

(1.1) The transfer may be granted only with

(a)
the consent of the Attorney General of the province in which the probation order was made, if the two territorial divisions are not in the same province; or
(b)
the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada.
Where court unable to act
(2)
Where a court that has made a probation order or to which a probation order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the probation order may be exercised by any other court that has equivalent jurisdiction in the same province.

R.S., 1985, c. C-46, s. 733; R.S., 1985, c. 24 (2nd Supp.), s. 46; 1995, c. 22, s. 6; 1999, c. 5, s. 32.

Failure to comply with probation order

733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that 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 and is liable to imprisonment for a term not exceeding eighteen months, or to a fine not exceeding two thousand dollars, or both.
(2)
An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

Where accused may be tried and punished 1995, c. 22, s. 6.

Fines and Forfeiture

Power of court to impose fine

734. (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1

(a)
if the punishment for the offence does not include a minimum term of imprisonment, in addition to or in lieu of any other sanction that the court is authorized to impose; or
(b)
if the punishment for the offence includes a minimum term of imprisonment, in addition to any other sanction that the court is required or authorized to impose.
Offender’s ability to pay
(2)
Except when the punishment for an offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order, a court may fine an offender under this section only if the court is satisfied that the offender is able to pay the fine or discharge it under section 736.
Meaning of default of payment
(3)
For the purposes of this section and sections 734.1 to 737, a person is in default of payment of a fine if the fine has not been paid in full by the time set out in the order made under section 734.1.
Imprisonment in default of payment
(4)
Where an offender is fined under this section, a term of imprisonment, determined in accordance with subsection (5), shall be deemed to be imposed in default of payment of the fine.
(5)
The term of imprisonment referred to in subsection (4) is the lesser of
(a)
the number of days that corresponds to a fraction, rounded down to the nearest whole number, of which
(i)
the numerator is the unpaid amount of the fine plus the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and
(ii)
the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the fine was imposed, and
(b)
the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or six months in the case of a summary conviction offence.
Moneys found on offender
(6)
All or any part of a fine imposed under this section may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.
Provincial regulations
(7)
The lieutenant governor in council of a province may make regulations respecting the calculation of the costs and charges referred to in subparagraph (5)(a)(i) and in paragraph 734.8(1)(b).
Application to other law
(8)
This section and sections 734.1 to 734.8 and 736 apply to a fine imposed under any Act of Parliament, except that subsections (4) and (5) do not apply if the term of imprisonment in default of payment of the fine provided for in that Act or regulation is
(a)
calculated by a different method; or
(b)
specified, either as a minimum or a maximum.

Determination of term R.S., 1985, c. C-46, s. 734; R.S., 1985, c. 27 (1st Supp.), s. 161; 1995, c. 22, s. 6; 1999, c. 5, s. 33; 2003, c. 21, s. 19; 2008, c. 18, s. 38.

Previous Version

Terms of order imposing fine 734.1 A court that fines an offender under section 734 shall do so by making an order that clearly sets out

(a)
the amount of the fine;
(b)
the manner in which the fine is to be paid;
(c)
the time or times by which the fine, or any portion thereof, must be paid; and
(d)
such other terms respecting the payment of the fine as the court deems appropriate.
1995, c. 22, s. 6.
Obligations of court


734.2 (1) A court that makes an order under section 734.1 shall

(a)
cause a copy of the order to be given to the offender;
(b)
explain the substance of sections 734 to 734.8 and 736 to the offender;
(c)
cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and
(d)
take reasonable measures to ensure that the offender understands the order and the explanations.
For greater certainty
(2)
For greater certainty, a failure to comply with subsection (1) does not affect the
validity of the order.
1995, c. 22, s. 6; 2008, c. 18, s. 39.


Previous Version Change in terms of order

734.3 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section.

1995, c. 22, s. 6; 2002, c. 13, s. 74. Proceeds to go to provincial treasurer

734.4 (1) Where a fine or forfeiture is imposed or a recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds thereof, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the recognizance was forfeited, and shall be paid by the person who receives them to the treasurer of that province.

Proceeds to go to Receiver General for Canada

(2)
Where
(a)
a fine or forfeiture is imposed
(i)
in respect of a contravention of a revenue law of Canada,
(ii)
in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or

(iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution, or

(b) a recognizance in connection with proceedings mentioned in paragraph (a) is forfeited,

the proceeds of the fine, forfeiture or recognizance belong to Her Majesty in right of Canada and shall be paid by the person who receives them to the Receiver General.

Direction for payment to municipality

(3)
Where a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which a recognizance is forfeited,
(a)
the lieutenant governor in council of a province may direct that the proceeds of a fine, forfeiture or recognizance that belongs to Her Majesty in right of the province shall be paid to that authority; and
(b)
the Governor in Council may direct that the proceeds of a fine, forfeiture or recognizance that belongs to Her Majesty in right of Canada shall be paid to that authority.

1995, c. 22, s. 6.

Licences, permits, etc.

734.5 If an offender is in default of payment of a fine,

(a)
where the proceeds of the fine belong to Her Majesty in right of a province by virtue of subsection 734.4(1), the person responsible, by or under an Act of the legislature of the province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender; or
(b)
where the proceeds of the fine belong to Her Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of Parliament, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.

1995, c. 22, s. 6; 1999, c. 5, s. 34.

Civil enforcement of fines, forfeiture

734.6 (1) Where

(a)
an offender is in default of payment of a fine, or
(b)
a forfeiture imposed by law is not paid as required by the order imposing it,
then, in addition to any other method provided by law for recovering the fine or forfeiture,
(c)
the Attorney General of the province to whom the proceeds of the fine or forfeiture belong, or
(d)
the Attorney General of Canada, where the proceeds of the fine or forfeiture belong to Her Majesty in right of Canada,

may, by filing the order, enter as a judgment the amount of the fine or forfeiture, and costs, if any, in any civil court in Canada that has jurisdiction to enter a judgment for that amount.

Effect of filing order

(2) An order that is entered as a judgment under this section is enforceable in the same manner as if it were a judgment obtained by the Attorney General of the province or the Attorney General of Canada, as the case may be, in civil proceedings.

1995, c. 22, s. 6.

Warrant of committal

734.7 (1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine

(a)
until the expiration of the time allowed for payment of the fine in full; and
(b)
unless the court is satisfied
(i)
that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or
(ii)
that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736.
Reasons for committal
(2)
Where no time has been allowed for payment of a fine and a warrant committing the offender to prison for default of payment of the fine is issued, the court shall state in the warrant the reason for immediate committal.

Period of imprisonment

(2.1) The period of imprisonment in default of payment of the fine shall be specified in a warrant of committal referred to in subsection (1) or (2).

Compelling appearance of person bound

(3)
The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b).
Effect of imprisonment
(4)
The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine.

1995, c. 22, s. 6; 1999, c. 5, s. 35. Definition of “penalty”

734.8 (1) In this section, “penalty” means the aggregate of

(a)
the fine, and
(b)
the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7).
Reduction of imprisonment on part payment
(2)
The term of imprisonment in default of payment of a fine shall, on payment of a part of the penalty, whether the payment was made before or after the execution of a warrant of committal, be reduced by the number of days that bears the same proportion to the number of days in the term as the part paid bears to the total penalty.
Minimum that can be accepted
(3)
No amount offered in part payment of a penalty shall be accepted after the execution of a warrant of committal unless it is sufficient to secure a reduction of sentence of one day, or a whole number multiple of one day, and no part payment shall be accepted until any fee that is payable in respect of the warrant or its execution has been paid.
To whom payment made
(4)
Payment may be made under this section to the person that the Attorney General directs or, if the offender is imprisoned, to the person who has lawful custody of the prisoner or to any other person that the Attorney General directs.
Application of money paid
(5)
A payment under this section shall be applied firstly to the payment in full of costs and charges, secondly to the payment in full of any victim surcharge imposed under section 737, and then to payment of any part of the fine that remains unpaid.

1995, c. 22, s. 6; 1999, c. 5, s. 36, c. 25, s. 19(Preamble).

Fines on organizations

735. (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law,

(a)
that is in the discretion of the court, where the offence is an indictable offence; or
(b)
not exceeding one hundred thousand dollars, where the offence is a summary conviction offence.

Application of certain provisions — fines

(1.1) A court that imposes a fine under subsection (1) or under any other Act of Parliament shall make an order that clearly sets out

(a)
the amount of the fine;
(b)
the manner in which the fine is to be paid;
(c)
the time or times by which the fine, or any portion of it, must be paid; and
(d)
any other terms respecting the payment of the fine that the court deems appropriate. Effect of filing order
(2)
Section 734.6 applies, with any modifications that are required, when an organization

fails to pay the fine in accordance with the terms of the order.
R.S., 1985, c. C-46, s. 735; R.S., 1985, c. 1 (4th Supp.), s. 18(F), c. 23 (4th Supp.), s. 7;
1995, c. 22, s. 6; 1999, c. 5, s. 37; 2003, c. 21, s. 20.

Previous Version Fine option program

736. (1) An offender who is fined under section 734 may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than two years in a program established for that purpose by the lieutenant governor in council

(a)
of the province in which the fine was imposed, or
(b)
of the province in which the offender resides, where an appropriate agreement is in effect between the government of that province and the government of the province in which the fine was imposed,

if the offender is admissible to such a program.

Credits and other matters

(2)
A program referred to in subsection (1) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program.
Deemed payment
(3)
Credits earned for work performed as provided by subsection (1) shall, for the purposes of this Act, be deemed to be payment in respect of a fine.
Federal-provincial agreement
(4)
Where, by virtue of subsection 734.4(2), the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1), where an appropriate agreement is in effect between the government of the province and the Government of Canada.

R.S., 1985, c. C-46, s. 736; R.S., 1985, c. 27 (1st Supp.), s. 162, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 6.

Victim surcharge

737. (1) Subject to subsection (5), an offender who is convicted or discharged under section 730 of an offence under this Act or the Controlled Drugs and Substances Act shall pay a victim surcharge, in addition to any other punishment imposed on the offender.

Amount of surcharge

(2)
Subject to subsection (3), the amount of the victim surcharge in respect of an offence is
(a)
15 per cent of any fine that is imposed on the offender for the offence; or
(b)
if no fine is imposed on the offender for the offence,
(i)
$50 in the case of an offence punishable by summary conviction, and
(ii)
$100 in the case of an offence punishable by indictment. Increase in surcharge
(3)
The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount.
Time for payment
(4)
The victim surcharge imposed in respect of an offence is payable at the time at which the fine imposed for the offence is payable and, when no fine is imposed, within the time established by the lieutenant governor in council of the province in which the surcharge is imposed for payment of any such surcharge.
Exception
(5)
When the offender establishes to the satisfaction of the court that undue hardship to the offender or the dependants of the offender would result from payment of the victim

surcharge, the court may, on application of the offender, make an order exempting the offender from the application of subsection (1).

Reasons

(6)
When the court makes an order under subsection (5), the court shall state its reasons in the record of the proceedings.
Amounts applied to aid victims
(7)
A victim surcharge imposed under subsection (1) shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
Notice
(8)
The court shall cause to be given to the offender a written notice setting out
(a)
the amount of the victim surcharge;
(b)
the manner in which the victim surcharge is to be paid;
(c)
the time by which the victim surcharge must be paid; and
(d)
the procedure for applying for a change in any terms referred to in paragraphs (b) and
(c)
in accordance with section 734.3. Enforcement
(9)
Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7 and 734.8 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under subsection (1) and, in particular,
(a)
a reference in any of those provisions to “fine”, other than in subsection 734.8(5), must be read as if it were a reference to “victim surcharge”; and
(b)
the notice provided under subsection (8) is deemed to be an order made under section

734.1.
Section 736 does not apply

(10) For greater certainty, the program referred to in section 736 for the discharge of a fine may not be used in respect of a victim surcharge.

R.S., 1985, c. C-46, s. 737; 1995, c. 22, ss. 6, 18; 1996, c. 19, s. 75; 1999, c. 5, s. 38, c. 25, s. 20(Preamble).

Restitution

Restitution to victims of offences

738. (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:

(a)
in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable;
(b)
in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable;
(c)
in the case of bodily harm or threat of bodily harm to the offender’s spouse or common-law partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the spouse or common-law partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable; and
(d)
in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.
Regulations
(2)
The lieutenant governor in council of a province may make regulations precluding the inclusion of provisions on enforcement of restitution orders as an optional condition of a probation order or of a conditional sentence order.

R.S., 1985, c. C-46, s. 738; 1995, c. 22, s. 6; 2000, c. 12, s. 95; 2005, c. 43, s. 7; 2009, c. 28, s. 11.

Previous Version Restitution to persons acting in good faith

739. Where an offender is convicted or discharged under section 730 of an offence and

(a)
any property obtained as a result of the commission of the offence has been conveyed or transferred for valuable consideration to a person acting in good faith and without notice, or
(b)
the offender has borrowed money on the security of that property from a person acting in good faith and without notice,

the court may, where that property has been returned to the lawful owner or the person who had lawful possession of that property at the time the offence was committed, order the offender to pay as restitution to the person referred to in paragraph (a) or (b) an amount not exceeding the amount of consideration for that property or the total amount outstanding in respect of the loan, as the case may be.

R.S., 1985, c. C-46, s. 739; R.S., 1985, c. 27 (1st Supp.), s. 163, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 6.

Priority to restitution

740. Where the court finds it applicable and appropriate in the circumstances of a case to make, in relation to an offender, an order of restitution under section 738 or 739, and

(a)
an order of forfeiture under this or any other Act of Parliament may be made in respect of property that is the same as property in respect of which the order of restitution may be made, or
(b)
the court is considering ordering the offender to pay a fine and it appears to the court that the offender would not have the means or ability to comply with both the order of restitution and the order to pay the fine,

the court shall first make the order of restitution and shall then consider whether and to what extent an order of forfeiture or an order to pay a fine is appropriate in the circumstances.

R.S., 1985, c. C-46, s. 740; 1995, c. 22, s. 6.

Enforcing restitution order

741. (1) Where an amount that is ordered to be paid under section 732.1, 738, 739 or 742.3, is not paid without delay, the person to whom the amount was ordered to be paid may, by filing the order, enter as a judgment the amount ordered to be paid in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Moneys found on offender

(2) All or any part of an amount that is ordered to be paid under section 738 or 739 may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.

R.S., 1985, c. C-46, s. 741; R.S., 1985, c. 27 (1st Supp.), s. 164; 1995, c. 22, s. 6; 2004, c. 12, s. 13.

Previous Version

Notice of orders of restitution

741.1 Where a court makes an order of restitution under section 738 or 739, it shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid.

R.S., 1985, c. 24 (2nd Supp.), s. 47; 1992, c. 11, s. 14, c. 20, s. 202; 1995, c. 19, s. 37, c. 22, s. 6.

Civil remedy not affected

741.2 A civil remedy for an act or omission is not affected by reason only that an order for restitution under section 738 or 739 has been made in respect of that act or omission.

1992, c. 20, s. 203; 1995, c. 22, s. 6, c. 42, s. 75.

Conditional Sentence of Imprisonment

Definitions

742. In sections 742.1 to 742.7,
“change”
« modification »
“change”, in relation to optional conditions, includes deletions and additions;
“optional conditions”

« conditions facultatives »

“optional conditions” means the conditions referred to in subsection 742.3(2);
“supervisor”
« agent de surveillance »
“supervisor” means a person designated by the Attorney General, either by name or by

title of office, as a supervisor for the purposes of sections 742.1 to 742.7.
R.S., 1985, c. C-46, s. 742; R.S., 1985, c. 27 (1st Supp.), s. 165; 1992, c. 11, s. 15; 1995,

c. 22, s. 6.
Imposing of conditional sentence

742.1 If a person is convicted of an offence, other than a serious personal injury offence as defined in section 752, a terrorism offence or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more or an offence punishable by a minimum term of imprisonment, and the court imposes a sentence of imprisonment of less than two years and is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the offender’s compliance with the conditions imposed under section 742.3.

1992, c. 11, s. 16; 1995, c. 19, s. 38, c. 22, s. 6; 1997, c. 18, s. 107.1; 2007, c. 12, s. 1.

Previous Version

Firearm, etc., prohibitions

742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable.

Application of section 109 or 110

(2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.

1995, c. 22, s. 6; 2002, c. 13, s. 75; 2004, c. 12, s. 14(E). Previous Version Compulsory conditions of conditional sentence order

742.3 (1) The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following:

(a)
keep the peace and be of good behaviour;
(b)
appear before the court when required to do so by the court;
(c)
report to a supervisor
(i)
within two working days, or such longer period as the court directs, after the making of the conditional sentence order, and
(ii)
thereafter, when required by the supervisor and in the manner directed by the supervisor;
(d)
remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and
(e)
notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation.
Optional conditions of conditional sentence order
(2)
The court may prescribe, as additional conditions of a conditional sentence order, that the offender do one or more of the following:
(a)
abstain from
(i)
the consumption of alcohol or other intoxicating substances, or
(ii)
the consumption of drugs except in accordance with a medical prescription;
(b)
abstain from owning, possessing or carrying a weapon;
(c)
provide for the support or care of dependants;
(d)
perform up to 240 hours of community service over a period not exceeding eighteen months;
(e)
attend a treatment program approved by the province; and
(f)
comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for securing the good conduct of the

offender and for preventing a repetition by the offender of the same offence or the commission of other offences.

Obligations of court

(3)
A court that makes an order under this section shall
(a)
cause a copy of the order to be given to the offender;
(b)
explain the substance of subsection (1) and sections 742.4 and 742.6 to the offender;
(c)
cause an explanation to be given to the offender of the procedure for applying under section 742.4 for a change to the optional conditions; and
(d)
take reasonable measures to ensure that the offender understands the order and the explanations.
For greater certainty
(4)
For greater certainty, a failure to comply with subsection (3) does not affect the
validity of the order.
1995, c. 22, s. 6; 2008, c. 18, s. 40.


Previous Version Supervisor may propose changes to optional conditions

742.4 (1) Where an offender’s supervisor is of the opinion that a change in circumstances makes a change to the optional conditions desirable, the supervisor shall give written notification of the proposed change, and the reasons for it, to the offender, to the prosecutor and to the court.

Hearing

(2)
Within seven days after receiving a notification referred to in subsection (1),
(a)
the offender or the prosecutor may request the court to hold a hearing to consider the proposed change, or
(b)
the court may, of its own initiative, order that a hearing be held to consider the proposed change,

and a hearing so requested or ordered shall be held within thirty days after the receipt by the court of the notification referred to in subsection (1).

Decision at hearing

(3)
At a hearing held pursuant to subsection (2), the court
(a)
shall approve or refuse to approve the proposed change; and
(b)
may make any other change to the optional conditions that the court deems appropriate.
Where no hearing requested or ordered
(4)
Where no request or order for a hearing is made within the time period stipulated in subsection (2), the proposed change takes effect fourteen days after the receipt by the court of the notification referred to in subsection (1), and the supervisor shall so notify the offender and file proof of that notification with the court.
Changes proposed by offender or prosecutor
(5)
Subsections (1) and (3) apply, with such modifications as the circumstances require, in respect of a change proposed by the offender or the prosecutor to the optional conditions, and in all such cases a hearing must be held, and must be held within thirty days after the receipt by the court of the notification referred to in subsection (1).
Judge may act in chambers
(6)
All the functions of the court under this section may be exercised in chambers.

1995, c. 22, s. 6; 1999, c. 5, s. 39.

Transfer of order

742.5 (1) Where an offender who is bound by a conditional sentence order becomes a resident of a territorial division, other than the territorial division where the order was made, on the application of a supervisor, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order.

Attorney General’s consent

(1.1) The transfer may be granted only with

(a)
the consent of the Attorney General of the province in which the conditional sentence order was made, if the two territorial divisions are not in the same province; or
(b)
the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.
Where court unable to act
(2)
Where a court that has made a conditional sentence order or to which a conditional sentence order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the conditional sentence order may be exercised by any other court that has equivalent jurisdiction in the same province.

1995, c. 22, s. 6; 1999, c. 5, s. 40.

Procedure on breach of condition

742.6 (1) For the purpose of proceedings under this section,

(a)
the provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with any modifications that the circumstances require, and any reference in those Parts to committing an offence shall be read as a reference to breaching a condition of a conditional sentence order;
(b)
the powers of arrest for breach of a condition are those that apply to an indictable offence, with any modifications that the circumstances require, and subsection 495(2) does not apply;
(c)
despite paragraph (a), if an allegation of breach of condition is made, the proceeding is commenced by
(i)
the issuance of a warrant for the arrest of the offender for the alleged breach,
(ii)
the arrest without warrant of the offender for the alleged breach, or

(iii) the compelling of the offender’s appearance in accordance with paragraph (d);

(d)
if the offender is already detained or before a court, the offender’s appearance may be compelled under the provisions referred to in paragraph (a);
(e)
if an offender is arrested for the alleged breach, the peace officer who makes the arrest, the officer in charge or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and
(f)
any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender, and the provisions that apply to the issuance of telewarrants apply, with any modifications that the circumstances require, as if a breach of condition were an indictable offence.
Interim release
(2)
For the purpose of the application of section 515, the release from custody of an offender who is detained on the basis of an alleged breach of a condition of a conditional sentence order shall be governed by subsection 515(6).
Hearing
(3)
The hearing of an allegation of a breach of condition shall be commenced within thirty days, or as soon thereafter as is practicable, after
(a)
the offender’s arrest; or
(b)
the compelling of the offender’s appearance in accordance with paragraph (1)(d). Place

(3.1) The allegation may be heard by any court having jurisdiction to hear that allegation in the place where the breach is alleged to have been committed or the offender is found, arrested or in custody.

Attorney General’s consent

(3.2) If the place where the offender is found, arrested or in custody is outside the province in which the breach is alleged to have been committed, no proceedings in respect of that breach shall be instituted in that place without

(a)
the consent of the Attorney General of the province in which the breach is alleged to have been committed; or
(b)
the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.

Adjournment

(3.3) A judge may, at any time during a hearing of an allegation of breach of condition, adjourn the hearing for a reasonable period.

Report of supervisor

(4)
An allegation of a breach of condition must be supported by a written report of the supervisor, which report must include, where appropriate, signed statements of witnesses.
Admission of report on notice of intent
(5)
The report is admissible in evidence if the party intending to produce it has, before the hearing, given the offender reasonable notice and a copy of the report.
(6)
and (7) [Repealed, 2008, c. 18, s. 41] Requiring attendance of supervisor or witness
(8)
The offender may, with leave of the court, require the attendance, for cross-examination, of the supervisor or of any witness whose signed statement is included in the report.
Powers of court
(9)
Where the court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may
(a)
take no action;
(b)
change the optional conditions;
(c)
suspend the conditional sentence order and direct
(i)
that the offender serve in custody a portion of the unexpired sentence, and
(ii)
that the conditional sentence order resume on the offender’s release from custody, either with or without changes to the optional conditions; or
(d)
terminate the conditional sentence order and direct that the offender be committed to custody until the expiration of the sentence.
Warrant or arrest — suspension of running of conditional sentence order
(10)
The running of a conditional sentence order imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of
(a)
the issuance of a warrant for the arrest of the offender for the alleged breach,
(b)
the arrest without warrant of the offender for the alleged breach, and
(c)
the compelling of the offender’s appearance in accordance with paragraph (1)(d).
Conditions continue
(11)
If the offender is not detained in custody during any period referred to in subsection (10), the conditions of the order continue to apply, with any changes made to them under section 742.4, and any subsequent breach of those conditions may be dealt with in accordance with this section.
Detention under s. 515(6)
(12)
A conditional sentence order referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order.
Earned remission does not apply
(13)
Section 6 of the Prisons and Reformatories Act does not apply to the period of detention in custody under subsection 515(6).
Unreasonable delay in execution
(14)
Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence order unless the period has been so deemed under subsection (15).
Allegation dismissed or reasonable excuse
(15)
If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence order:
(a)
any period for which the running of the conditional sentence order was suspended; and
(b)
if subsection (12) applies, a period equal to one half of the period that the conditional sentence order runs while the offender is detained under an order referred to in that subsection.
Powers of court
(16)
If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the

conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence order.

Considerations

(17)
In exercising its discretion under subsection (16), a court shall consider
(a)
the circumstances and seriousness of the breach;
(b)
whether not making the order would cause the offender undue hardship based on the offender’s individual circumstances; and
(c)
the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether the offender complied with those conditions during that period.

1995, c. 22, s. 6; 1999, c. 5, s. 41; 2004, c. 12, s. 15(E); 2008, c. 18, s. 41. Previous Version If person imprisoned for new offence

742.7 (1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence.

Breach of condition

(2)
If an order is made under paragraph 742.6(9)(c) or (d) to commit an offender to custody, the custodial period ordered shall, unless the court considers that it would not be in the interests of justice, be served consecutively to any other period of imprisonment that the offender is serving when that order is made.
Multiple sentences
(3)
If an offender is serving both a custodial period referred to in subsection (2) and any other period of imprisonment, the periods shall, for the purpose of section 743.1 and section 139 of the Corrections and Conditional Release Act, be deemed to constitute one sentence of imprisonment.
Conditional sentence order resumes
(4)
The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.

1995, c. 22, s. 6; 1999, c. 5, s. 42; 2004, c. 12, s. 16(E).

Previous Version

Imprisonment

Imprisonment when no other provision

743. Every one who is convicted of an indictable offence for which no punishment is specially provided is liable to imprisonment for a term not exceeding five years.

R.S., 1985, c. C-46, s. 743; 1992, c. 11, s. 16; 1995, c. 22, s. 6. Imprisonment for life or more than two years

743.1 (1) Except where otherwise provided, a person who is sentenced to imprisonment for

(a)
life,
(b)
a term of two years or more, or
(c)
two or more terms of less than two years each that are to be served one after the other and that, in the aggregate, amount to two years or more,
shall be sentenced to imprisonment in a penitentiary. Subsequent term less than two years
(2)
Where a person who is sentenced to imprisonment in a penitentiary is, before the expiration of that sentence, sentenced to imprisonment for a term of less than two years, the person shall serve that term in a penitentiary, but if the previous sentence of imprisonment in a penitentiary is set aside, that person shall serve that term in accordance with subsection (3).
Imprisonment for term less than two years
(3)
A person who is sentenced to imprisonment and who is not required to be sentenced as provided in subsection (1) or (2) shall, unless a special prison is prescribed by law, be sentenced to imprisonment in a prison or other place of confinement, other than a penitentiary, within the province in which the person is convicted, in which the sentence of imprisonment may be lawfully executed.

Long-term supervision

(3.1) Despite subsection (3), an offender who is subject to long-term supervision under Part XXIV and is sentenced for another offence during the period of the supervision shall be sentenced to imprisonment in a penitentiary.

Sentence to penitentiary of person serving sentence elsewhere

(4)
Where a person is sentenced to imprisonment in a penitentiary while the person is lawfully imprisoned in a place other than a penitentiary, that person shall, except where otherwise provided, be sent immediately to the penitentiary, and shall serve in the penitentiary the unexpired portion of the term of imprisonment that that person was serving when sentenced to the penitentiary as well as the term of imprisonment for which that person was sentenced to the penitentiary.
Transfer to penitentiary
(5)
Where, at any time, a person who is imprisoned in a prison or place of confinement other than a penitentiary is subject to two or more terms of imprisonment, each of which is for less than two years, that are to be served one after the other, and the aggregate of the unexpired portions of those terms at that time amounts to two years or more, the person shall be transferred to a penitentiary to serve those terms, but if any one or more of such terms is set aside or reduced and the unexpired portions of the remaining term or terms on the day on which that person was transferred under this section amounted to less than two years, that person shall serve that term or terms in accordance with subsection (3).
Newfoundland
(6)
For the purposes of subsection (3), “penitentiary” does not, until a day to be fixed by order of the Governor in Council, include the facility mentioned in subsection 15(2) of the Corrections and Conditional Release Act.

1992, c. 11, s. 16; 1995, c. 19, s. 39, c. 22, s. 6; 1997, c. 17, s. 1; 2008, c. 6, s. 39.

Previous Version

Report by court to Correctional Service

743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, and any other information relevant to administering the sentence or committal.

1995, c. 22, s. 6.

Non-communication order

743.21 (1) The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

Failure to comply with order

(2)
Every person who fails, without lawful excuse, the proof of which lies on that person, to comply with the order
(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 and liable to imprisonment for a term not exceeding eighteen months.

2008, c. 18, s. 42.

Sentence served according to regulations

743.3 A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.

1995, c. 22, s. 6.

743.4 [Repealed, 2002, c. 1, s. 184]

Previous Version

Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act

743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the remaining portion of the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

Transfer of jurisdiction when youth sentence imposed under Youth Criminal Justice Act

(2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

Sentences deemed to constitute one sentence — section 743.1

(3)
For greater certainty, the following are deemed to constitute one sentence of imprisonment for the purposes of section 139 of the Corrections and Conditional Release Act:
(a)
for the purposes of subsection (1), the remainder of the youth sentence or disposition and the subsequent term of imprisonment; and
(b)
for the purposes of subsection (2), the term of imprisonment and the subsequent youth sentence or disposition.

1995, c. 22, ss. 6, 19, 20; 2002, c. 1, s. 184; 2008, c. 18, s. 43.

Previous Version

Eligibility for Parole

Power of court to delay parole

743.6 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Power of court to delay parole

(1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11,

467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Power of court to delay parole

(1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence or an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

Principles that are to guide the court

(2) For greater certainty, the paramount principles which are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to these paramount principles.

1995, c. 22, s. 6, c. 42, s. 86; 1997, c. 23, s. 18; 2001, c. 32, s. 45, c. 41, ss. 21, 133.

Delivery of Offender to Keeper of Prison

Execution of warrant of committal

744. A peace officer or other person to whom a warrant of committal authorized by this or any other Act of Parliament is directed shall arrest the person named or described therein, if it is necessary to do so in order to take that person into custody, convey that person to the prison mentioned in the warrant and deliver that person, together with the warrant, to the keeper of the prison who shall thereupon give to the peace officer or other person who delivers the prisoner a receipt in Form 43 setting out the state and condition of the prisoner when delivered into custody.

R.S., 1985, c. C-46, s. 744; R.S., 1985, c. 27 (1st Supp.), s. 166, c. 1 (4th Supp.), s. 18(F); 1992, c. 11, s. 16; 1995, c. 22, s. 6.

Imprisonment for Life

Sentence of life imprisonment

745. Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

(a)
in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;
(b)
in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

(b.1) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

(c)
in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4; and
(d)
in respect of a person who has been convicted of any other offence, that the person be sentenced to imprisonment for life with normal eligibility for parole.

R.S., 1985, c. C-46, s. 745; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 14; 1992,

c. 51, s. 39; 1995, c. 22, s. 6; 2000, c. 24, s. 46.

Information in respect of parole

745.01 Except where subsection 745.6(2) applies, at the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record:

The offender has been found guilty of (state offence) and sentenced to imprisonment for life. The offender is not eligible for parole until (state date). However, after serving at least 15 years of the sentence, the offender may apply under section 745.6 of the Criminal Code for a reduction in the number of years of imprisonment without eligibility for parole. If the jury hearing the application reduces the period of parole ineligibility, the offender may then make an application for parole under the Corrections and Conditional Release Act at the end of that reduced period.

1999, c. 25, s. 21(Preamble).

Persons under eighteen 745.1 The sentence to be pronounced against a person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served

(a)
such period between five and seven years of the sentence as is specified by the judge presiding at the trial, or if no period is specified by the judge presiding at the trial, five years, in the case of a person who was under the age of sixteen at the time of the commission of the offence;
(b)
ten years, in the case of a person convicted of first degree murder who was sixteen or seventeen years of age at the time of the commission of the offence; and
(c)
seven years, in the case of a person convicted of second degree murder who was sixteen or seventeen years of age at the time of the commission of the offence.

1995, c. 22, ss. 6, 21.

Recommendation by jury

745.2 Subject to section 745.3, where a jury finds an accused guilty of second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of second degree murder and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the ten year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than ten but not more than twenty-five.

1995, c. 22, s. 6.

Persons under sixteen

745.3 Where a jury finds an accused guilty of first degree murder or second degree murder and the accused was under the age of sixteen at the time of the commission of the offence, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of first degree murder (or second degree murder) and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period of imprisonment that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining the period of imprisonment that is between five years and seven years that the law would require the accused to serve before the accused is eligible to be considered for release on parole.

1995, c. 22, ss. 6, 22.

Ineligibility for parole

745.4 Subject to section 745.5, at the time of the sentencing under section 745 of an offender who is convicted of second degree murder, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.2, by order, substitute for ten years a number of years of imprisonment (being more than ten but not more than twenty-five) without eligibility for parole, as the judge deems fit in the circumstances.

1995, c. 22, s. 6.

Idem

745.5 At the time of the sentencing under section 745.1 of an offender who is convicted of first degree murder or second degree murder and who was under the age of sixteen at the time of the commission of the offence, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court, may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.3, by order, decide the period of imprisonment the offender is to serve that is between five years and seven years without eligibility for parole, as the judge deems fit in the circumstances.

1995, c. 22, ss. 6, 23.

Application for judicial review

745.6 (1) Subject to subsection (2), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person

(a)
has been convicted of murder or high treason;
(b)
has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
(c)
has served at least fifteen years of their sentence.
Exception — multiple murderers
(2)
A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.
Definition of “appropriate Chief Justice”
(3)
For the purposes of this section and sections 745.61 to 745.64, the “appropriate Chief Justice” is
(a)
in relation to the Province of Ontario, the Chief Justice of the Ontario Court;
(b)
in relation to the Province of Quebec, the Chief Justice of the Superior Court;
(c)
in relation to the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division;
(d)
in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;
(e)
in relation to the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court; and
(f)
in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the
Court of Appeal.
1993, c. 28, s. 78; 1995, c. 22, s. 6; 1996, c. 34, s. 2; 1998, c. 15, s. 20; 2002, c. 7, s. 146.


Previous Version Judicial screening

745.61 (1) On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a reasonable prospect that the application will succeed:

(a)
the application;
(b)
any report provided by the Correctional Service of Canada or other correctional authorities; and
(c)
any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.
Criteria
(2)
In determining whether the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with such modifications as the circumstances require.
Decision re new application
(3)
If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge may
(a)
set a time, not earlier than two years after the date of the determination, at or after which another application may be made by the applicant under subsection 745.6(1); or
(b)
decide that the applicant may not make another application under that subsection. Where no decision re new application
(4)
If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination.
Designation of judge to empanel jury
(5)
If the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.

1996, c. 34, s. 2.

Appeal

745.62 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact.

Documents to be considered

(2)
The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.
Sections to apply
(3)
Sections 673 to 696 apply, with such modifications as the circumstances require.
1996, c. 34, s. 2.
Hearing of application


745.63 (1) The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced:

(a)
the character of the applicant;
(b)
the applicant’s conduct while serving the sentence;
(c)
the nature of the offence for which the applicant was convicted;
(d)
any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and
(e)
any other matters that the judge considers relevant in the circumstances. Information provided by victim

(1.1) Information provided by a victim referred to in paragraph (1)(d) may be provided either orally or in writing, at the discretion of the victim, or in any other manner that the judge considers appropriate.

Definition of “victim”

(2)
In paragraph (1)(d), “victim” has the same meaning as in subsection 722(4). Reduction
(3)
The jury hearing an application under subsection (1) may determine that the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.
No reduction
(4)
The applicant’s number of years of imprisonment without eligibility for parole is not reduced if
(a)
the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
(b)
the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or
(c)
the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced.
Where determination to reduce number of years
(5)
If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury,
(a)
substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or
(b)
terminate the ineligibility for parole. Decision re new application
(6)
If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may
(a)
set a time, not earlier than two years after the date of the determination or conclusion under subsection (4), at or after which another application may be made by the applicant under subsection 745.6(1); or
(b)
decide that the applicant may not make another application under that subsection. Two-thirds decision
(7)
The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members.
If no decision re new application
(8)
If the jury does not set a date at or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination or conclusion under subsection (4).

1996, c. 34, s. 2; 1999, c. 25, s. 22(Preamble).

Rules

745.64 (1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63.

Territories

(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be.

1996, c. 34, s. 2; 1999, c. 3, s. 53; 2002, c. 7, s. 147(E).

Previous Version

Time spent in custody

746. In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5 or 745.6, there shall be included any time spent in custody between

(a)
in the case of a sentence of imprisonment for life after July 25, 1976, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to imprisonment for life and the day the sentence was imposed; or
(b)
in the case of a sentence of death that has been or is deemed to have been commuted to a sentence of imprisonment for life, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to death and the day the sentence was commuted or deemed to have been commuted to a sentence of imprisonment for life.

R.S., 1985, c. C-46, s. 746; 1995, c. 19, s. 41, c. 22, ss. 6, 24.

Parole prohibited

746.1 (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

Absence with or without escort and day parole

(2)
Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment,
(a)
no day parole may be granted under the Corrections and Conditional Release Act;
(b)
no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and
(c)
except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts.
Young offenders
(3)
In the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,
(a)
no day parole may be granted under the Corrections and Conditional Release Act;
(b)
no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and
(c)
except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts.

1995, c. 22, s. 6, c. 42, s. 87; 1997, c. 17, s. 2.

747. [Repealed, 1995, c. 22, s. 6]

Pardons and Remissions

To whom pardon may be granted

748. (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.

Free or conditional pardon

(2)
The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.
Effect of free pardon
(3)
Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.
Punishment for subsequent offence not affected
(4)
No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.

R.S., 1985, c. C-46, s. 748; 1992, c. 22, s. 12; 1995, c. 22, s. 6.

Remission by Governor in Council

748.1 (1) The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be recoverable.

Terms of remission

(2) An order for remission under subsection (1) may include the remission of costs incurred in the proceedings, but no costs to which a private prosecutor is entitled shall be remitted.

1995, c. 22, s. 6.

Royal prerogative

749. Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy.

R.S., 1985, c. C-46, s. 749; 1995, c. 22, s. 6.

Disabilities

Public office vacated for conviction

750. (1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.

When disability ceases

(2)
A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.
Disability to contract
(3)
No person who is convicted of
(a)
an offence under section 121, 124 or 418,
(b)
an offence under section 380 committed against Her Majesty, or
(c)
an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act,

has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.

Application for restoration of privileges

(4)
A person to whom subsection (3) applies may, at any time before a pardon is granted or issued to the person under section 4.1 of the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
Order of restoration
(5)
Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest.
Removal of disability
(6)
Where a conviction is set aside by competent authority, any disability imposed by this section is removed.

R.S., 1985, c. C-46, s. 750; 1995, c. 22, s. 6; 2000, c. 1, s. 9; 2006, c. 9, s. 246.

Previous Version

Miscellaneous Provisions

Costs to successful party in case of libel

751. The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court.

R.S., 1985, c. C-46, s. 751; 1995, c. 22, s. 6.

How recovered

751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.

1995, c. 22, s. 6.

PART XXIV DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS Interpretation

Definitions

752. In this Part,
“court”
« tribunal »
“court” means the court by which an offender in relation to whom an application under

this Part is made was convicted, or a superior court of criminal jurisdiction;
“designated offence”

« infraction désignée » “designated offence” means

(a)
a primary designated offence,
(b)
an offence under any of the following provisions:
(i)
paragraph 81(1)(a) (using explosives),
(ii)
paragraph 81(1)(b) (using explosives),

(iii) section 85 (using firearm or imitation firearm in commission of offence),

(iv) section 87 (pointing firearm),

(iv.1) section 98 (breaking and entering to steal firearm),

(iv.2) section 98.1 (robbery to steal firearm),

(v)
section 153.1 (sexual exploitation of person with disability),
(vi)
section 163.1 (child pornography),

(vii) section 170 (parent or guardian procuring sexual activity),

(viii) section 171 (householder permitting sexual activity by or in presence of child),

(ix)
section 172.1 (luring child),
(x)
paragraph 212(1)(i) (stupefying or overpowering for purpose of sexual intercourse),
(xi)
subsection 212(2.1) (aggravated offence in relation to living on avails of prostitution of person under 18),

(xii) subsection 212(4) (prostitution of person under 18),

(xiii) section 245 (administering noxious thing),

(xiv) section 266 (assault),

(xv) section 269 (unlawfully causing bodily harm),

(xvi) section 269.1 (torture),

(xvii) paragraph 270(1)(a) (assaulting peace officer),

(xviii) section 273.3 (removal of child from Canada),

(xix) subsection 279(2) (forcible confinement),

(xx) section 279.01 (trafficking in persons),

(xx.1) section 279.011 (trafficking of a person under the age of eighteen years),

(xxi) section 279.1 (hostage taking),

(xxii) section 280 (abduction of person under age of 16),

(xxiii) section 281 (abduction of person under age of 14),

(xxiv) section 344 (robbery), and

(xxv) section 348 (breaking and entering with intent, committing offence or breaking out),

(c)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
(i)
subsection 146(2) (sexual intercourse with female between ages of 14 and 16),
(ii)
section 148 (sexual intercourse with feeble-minded),

(iii) section 166 (parent or guardian procuring defilement), and

(iv)
section 167 (householder permitting defilement), or
(d)
an attempt or conspiracy to commit an offence referred to in paragraph (b) or (c);
“long-term supervision”
« surveillance de longue durée »
“long-term supervision” means long-term supervision ordered under subsection 753(4),



753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i);
“primary designated offence”
« infraction primaire »
“primary designated offence” means




(a)
an offence under any of the following provisions:
(i)
section 151 (sexual interference),
(ii)
section 152 (invitation to sexual touching),

(iii) section 153 (sexual exploitation),

(iv)
section 155 (incest),
(v)
section 239 (attempt to commit murder),
(vi)
section 244 (discharging firearm with intent),

(vii) section 267 (assault with weapon or causing bodily harm),

(viii) section 268 (aggravated assault),

(ix)
section 271 (sexual assault),
(x)
section 272 (sexual assault with weapon, threats to third party or causing bodily harm),
(xi)
section 273 (aggravated sexual assault), and

(xii) subsection 279(1) (kidnapping),

(b)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:
(i)
section 144 (rape),
(ii)
section 145 (attempt to commit rape),

(iii) section 149 (indecent assault on female),

(iv)
section 156 (indecent assault on male),
(v)
subsection 245(2) (assault causing bodily harm), and
(vi)
subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (v) of this paragraph,
(c)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the
Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:
(i)
section 246.1 (sexual assault),
(ii)
section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and

(iii) section 246.3 (aggravated sexual assault),

(d)
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
(i)
subsection 146(1) (sexual intercourse with female under age of 14), and
(ii)
paragraph 153(1)(a) (sexual intercourse with step-daughter), or
(e)
an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to
(d);
“serious personal injury offence”


« sévices graves à la personne » “serious personal injury offence” means
(a)
an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving
(i)
the use or attempted use of violence against another person, or
(ii)
conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person,
and for which the offender may be sentenced to imprisonment for ten years or more, or
(b)
an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).

R.S., 1985, c. C-46, s. 752; 2008, c. 6, ss. 40, 61; 2010, c. 3, s. 8.

Previous Version

Dangerous Offenders and Long-Term Offenders

Prosecutor’s duty to advise court

752.01 If the prosecutor is of the opinion that an offence for which an offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1).

2008, c. 6, s. 41.

Application for remand for assessment

752.1 (1) On application by the prosecutor, if the court is of the opinion that there are reasonable grounds to believe that an offender who is convicted of a serious personal injury offence or an offence referred to in paragraph 753.1(2)(a) might be found to be a dangerous offender under section 753 or a long-term offender under section 753.1, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under section 753 or 753.1.

Report

(2)
The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender.
Extension of time
(3)
On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so.

1997, c. 17, s. 4; 2008, c. 6, s. 41.

Previous Version

Application for finding that an offender is a dangerous offender

753. (1) On application made under this Part after an assessment report is filed under subsection 752.1(2), the court shall find the offender to be a dangerous offender if it is satisfied

(a)
that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing
(i)
a pattern of repetitive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his or her behaviour,
(ii)
a pattern of persistent aggressive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of his or her behaviour, or

(iii) any behaviour by the offender, associated with the offence for which he or she has been convicted, that is of such a brutal nature as to compel the conclusion that the offender’s behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint; or

(b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the definition of that expression in section 752 and the offender, by his or her conduct in any sexual matter including that involved in the commission of the offence for which he or she has been convicted, has shown a failure to control his or her sexual impulses and a likelihood of causing injury, pain or other evil to other persons through failure in the future to control his or her sexual impulses.

Presumption

(1.1) If the court is satisfied that the offence for which the offender is convicted is a primary designated offence for which it would be appropriate to impose a sentence of imprisonment of two years or more and that the offender was convicted previously at least twice of a primary designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the conditions in paragraph (1)(a) or (b), as the case may be, are presumed to have been met unless the contrary is proved on a balance of probabilities.

Time for making application

(2)
An application under subsection (1) must be made before sentence is imposed on the offender unless
(a)
before the imposition of sentence, the prosecutor gives notice to the offender of a possible intention to make an application under section 752.1 and an application under subsection (1) not later than six months after that imposition; and
(b)
at the time of the application under subsection (1) that is not later than six months after the imposition of sentence, it is shown that relevant evidence that was not reasonably available to the prosecutor at the time of the imposition of sentence became available in the interim.
Application for remand for assessment after imposition of sentence
(3)
Notwithstanding subsection 752.1(1), an application under that subsection may be made after the imposition of sentence or after an offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply.
Sentence for dangerous offender
(4)
If the court finds an offender to be a dangerous offender, it shall
(a)
impose a sentence of detention in a penitentiary for an indeterminate period;
(b)
impose a sentence for the offence for which the offender has been convicted — which must be a minimum punishment of imprisonment for a term of two years — and order that the offender be subject to long-term supervision for a period that does not exceed 10 years; or
(c)
impose a sentence for the offence for which the offender has been convicted.

Sentence of indeterminate detention

(4.1) The court shall impose a sentence of detention in a penitentiary for an indeterminate period unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a lesser measure under paragraph (4)(b) or (c) will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

If application made after sentencing

(4.2) If the application is made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, a sentence imposed under paragraph (4)(a), or a sentence imposed and an order made under paragraph 4(b), replaces the sentence that was imposed for the offence for which the offender was convicted.

If offender not found to be dangerous offender

(5)
If the court does not find an offender to be a dangerous offender,
(a)
the court may treat the application as an application to find the offender to be a long-term offender, section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose; or
(b)
the court may impose sentence for the offence for which the offender has been convicted.
(6)
[Repealed, 2008, c. 6, s. 42]

R.S., 1985, c. C-46, s. 753; 1997, c. 17, s. 4; 2008, c. 6, s. 42.

Previous Version

Application for remand for assessment — later conviction

753.01 (1) If an offender who is found to be a dangerous offender is later convicted of a serious personal injury offence or an offence under subsection 753.3(1), on application by the prosecutor, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under subsection (4).

Report

(2)
The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender.
Extension of time
(3)
On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so.
Application for new sentence or order
(4)
After the report is filed, the prosecutor may apply for a sentence of detention in a penitentiary for an indeterminate period, or for an order that the offender be subject to a new period of long-term supervision in addition to any other sentence that may be imposed for the offence.
Sentence of indeterminate detention
(5)
If the application is for a sentence of detention in a penitentiary for an indeterminate period, the court shall impose that sentence unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a sentence for the offence for which the offender has been convicted — with or without a new period of long-term supervision — will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.
New long-term supervision
(6)
If the application is for a new period of long-term supervision, the court shall order that the offender be subject to a new period of long-term supervision in addition to a sentence for the offence for which they have been convicted unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

2008, c. 6, s. 43.

Victim evidence

753.02 Any evidence given during the hearing of an application made under subsection 753(1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing held with respect to the offender under paragraph 753(5)(a) or subsection 753.01(5) or (6).

2008, c. 6, s. 43.

Application for finding that an offender is a long-term offender

753.1 (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a long-term offender if it is satisfied that

(a)
it would be appropriate to impose a sentence of imprisonment of two years or more for the offence for which the offender has been convicted;
(b)
there is a substantial risk that the offender will reoffend; and
(c)
there is a reasonable possibility of eventual control of the risk in the community.
Substantial risk
(2)
The court shall be satisfied that there is a substantial risk that the offender will reoffend if
(a)
the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), subsection 163.1(3) (distribution, etc., of child pornography), subsection 163.1(4) (possession of child pornography), subsection 163.1(4.1) (accessing child pornography), section 172.1 (luring a child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
(b)
the offender
(i)
has shown a pattern of repetitive behaviour, of which the offence for which he or she has been convicted forms a part, that shows a likelihood of the offender’s causing death or injury to other persons or inflicting severe psychological damage on other persons, or
(ii)
by conduct in any sexual matter including that involved in the commission of the offence for which the offender has been convicted, has shown a likelihood of causing injury, pain or other evil to other persons in the future through similar offences.
Sentence for long-term offender
(3)
If the court finds an offender to be a long-term offender, it shall
(a)
impose a sentence for the offence for which the offender has been convicted, which must be a minimum punishment of imprisonment for a term of two years; and
(b)
order that the offender be subject to long-term supervision for a period that does not exceed 10 years.

Exception — if application made after sentencing

(3.1) The court may not impose a sentence under paragraph (3)(a) and the sentence that was imposed for the offence for which the offender was convicted stands despite the offender’s being found to be a long-term offender, if the application was one that

(a)
was made after the offender begins to serve the sentence in a case to which paragraphs 753(2)(a) and (b) apply; and
(b)
was treated as an application under this section further to the court deciding to do so under paragraph 753(5)(a).
(4)
and (5) [Repealed, 2008, c. 6, s. 44] If offender not found to be long-term offender
(6)
If the court does not find an offender to be a long-term offender, the court shall impose sentence for the offence for which the offender has been convicted. 1997, c. 17, s. 4; 2002, c. 13, s. 76; 2008, c. 6, s. 44.

Previous Version Long-term supervision

753.2 (1) Subject to subsection (2), an offender who is subject to long-term supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender has finished serving

(a)
the sentence for the offence for which the offender has been convicted; and
(b)
all other sentences for offences for which the offender is convicted and for which sentence of a term of imprisonment is imposed on the offender, either before or after the conviction for the offence referred to in paragraph (a).
Sentence served concurrently with supervision
(2)
A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision.
Application for reduction in period of long-term supervision
(3)
An offender who is required to be supervised, a member of the National Parole Board, or, on approval of that Board, the parole supervisor, as that expression is defined in subsection 134.2(2) of the Corrections and Conditional Release Act, of the offender, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.
Notice to Attorney General
(4)
The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made.

1997, c. 17, s. 4; 2008, c. 6, s. 45.

Previous Version

Breach of long-term supervision

753.3 (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.

Where accused may be tried and punished

(2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but if the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

1997, c. 17, s. 4; 2008, c. 6, s. 46. Previous Version New offence

753.4 (1) If an offender who is subject to long-term supervision commits one or more offences under this or any other Act and a court imposes a sentence of imprisonment for the offence or offences, the long-term supervision is interrupted until the offender has finished serving all the sentences, unless the court orders its termination.

Reduction in term of long-term supervision

(2) A court that imposes a sentence of imprisonment under subsection (1) may order a
reduction in the length of the period of the offender’s long-term supervision.
1997, c. 17, s. 4; 2008, c. 6, s. 47.

Previous Version Hearing of application

754. (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless

(a)
the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;
(b)
at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and
(c)
a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be.
By court alone
(2)
An application under this Part shall be heard and determined by the court without a jury.
When proof unnecessary
(3)
For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.
Proof of consent
(4)
The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.

R.S., 1985, c. C-46, s. 754; R.S., 1985, c. 27 (1st Supp.), s. 203; 2008, c. 6, s. 48.

Previous Version

Exception to long-term supervision — life sentence

755. (1) The court shall not order that an offender be subject to long-term supervision if they have been sentenced to life imprisonment.

Maximum length of long-term supervision

(2) The periods of long-term supervision to which an offender is subject at any particular time must not total more than 10 years.

R.S., 1985, c. C-46, s. 755; 1997, c. 17, s. 5; 2008, c. 6, s. 49. Previous Version

  1. [Repealed, 1997, c. 17, s. 5] Evidence of character
  2. Without prejudice to the right of the offender to tender evidence as to their character and repute, if the court thinks fit, evidence of character and repute may be admitted
(a)
on the question of whether the offender is or is not a dangerous offender or a long-term offender; and
(b)
in connection with a sentence to be imposed or an order to be made under this Part.
R.S., 1985, c. C-46, s. 757; 1997, c. 17, s. 5; 2008, c. 6, s. 50.
Previous Version


Presence of accused at hearing of application

758. (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard

(a)
he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or
(b)
he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.
Exception
(2)
Notwithstanding subsection (1), the court may
(a)
cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or
(b)
permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.

R.S., c. C-34, s. 693; 1976-77, c. 53, s. 14. Appeal — offender

759. (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.

(1.1) [Repealed, 2008, c. 6, s. 51] Appeal — Attorney General

(2)
The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law.
Disposition of appeal
(3)
The court of appeal may
(a)
allow the appeal and
(i)
find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or
(ii)
order a new hearing, with any directions that the court considers appropriate; or
(b)
dismiss the appeal.

(3.1) and (3.2) [Repealed, 2008, c. 6, s. 51] Effect of decision

(4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court.

(4.1) to (5) [Repealed, 2008, c. 6, s. 51] Commencement of sentence

(6)
Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.
Part XXI applies re appeals
(7)
The provisions of Part XXI with respect to procedure on appeals apply, with such
modifications as the circumstances require, to appeals under this section.
R.S., 1985, c. C-46, s. 759; 1995, c. 22, s. 10; 1997, c. 17, s. 6; 2008, c. 6, s. 51.


Previous Version Disclosure to Correctional Service of Canada

760. Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding, together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information.

R.S., 1985, c. C-46, s. 760; 1997, c. 17, s. 7.

Review for parole

761. (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the National Parole Board shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

Idem

(2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before October 15, 1977, the National Parole Board shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

R.S., 1985, c. C-46, s. 761; 1992, c. 20, s. 215; 1997, c. 17, s. 8.

PART XXV

EFFECT AND ENFORCEMENT OF RECOGNIZANCES

Applications for forfeiture of recognizances

762. (1) Applications for the forfeiture of recognizances shall be made to the courts, designated in column II of the schedule, of the respective provinces designated in column I of the schedule.

Definitions

(2) In this Part,
“clerk of the court”
« greffier du tribunal »
“clerk of the court” means the officer designated in column III of the schedule in respect

of the court designated in column II of the schedule;
“schedule”
« annexe »
“schedule” means the schedule to this Part.

R.S., c. C-34, s. 696.

Recognizance binding

763. Where a person is bound by recognizance to appear before a court, justice or provincial court judge for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and his sureties continue to be bound by the recognizance in like manner as if it had been entered into with relation to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

R.S., 1985, c. C-46, s. 763; R.S., 1985, c. 27 (1st Supp.), s. 203.

Responsibility of sureties

764. (1) Where an accused is bound by recognizance to appear for trial, his arraignment or conviction does not discharge the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be.

Committal or new sureties

(2)
Notwithstanding subsection (1), the court, justice or provincial court judge may commit an accused to prison or may require him to furnish new or additional sureties for his appearance until he is discharged or sentenced, as the case may be.
Effect of committal
(3)
The sureties of an accused who is bound by recognizance to appear for trial are discharged if he is committed to prison pursuant to subsection (2).
Endorsement on recognizance
(4)
The provisions of section 763 and subsections (1) to (3) of this section shall be endorsed on any recognizance entered into pursuant to this Act.

R.S., 1985, c. C-46, s. 764; R.S., 1985, c. 27 (1st Supp.), s. 203. Effect of subsequent arrest

765. Where an accused is bound by recognizance to appear for trial, his arrest on another charge does not vacate the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be, in respect of the offence to which the recognizance relates.

R.S., c. C-34, s. 699.

Render of accused by sureties

766. (1) A surety for a person who is bound by recognizance to appear may, by an application in writing to a court, justice or provincial court judge, apply to be relieved of his obligation under the recognizance, and the court, justice or provincial court judge shall thereupon issue an order in writing for committal of that person to the prison nearest to the place where he was, under the recognizance, bound to appear.

Arrest

(2)
An order under subsection (1) shall be given to the surety and on receipt thereof he or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named therein, and the keeper shall receive and imprison that person until he is discharged according to law.
Certificate and entry of render
(3)
Where a court, justice or provincial court judge issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison pursuant to subsection (2), the court, justice or provincial court judge shall order an entry of the committal to be endorsed on the recognizance.
Discharge of sureties
(4)
An endorsement under subsection (3) vacates the recognizance and discharges the sureties.

R.S., 1985, c. C-46, s. 766; R.S., 1985, c. 27 (1st Supp.), s. 203.

Render of accused in court by sureties

767. A surety for a person who is bound by recognizance to appear may bring that person into the court at which he is required to appear at any time during the sittings thereof and before his trial and the surety may discharge his obligation under the recognizance by giving that person into the custody of the court, and the court shall thereupon commit that person to prison until he is discharged according to law.

R.S., c. C-34, s. 701.

Substitution of surety

767.1 (1) Notwithstanding subsection 766(1) and section 767, where a surety for a person who is bound by a recognizance has rendered the person into the custody of a court pursuant to section 767 or applies to be relieved of his obligation under the recognizance pursuant to subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the recognizance.

Signing of recognizance by new sureties

(2)
Where a person substituted for a surety under a recognizance pursuant to subsection
(1)
signs the recognizance, the original surety is discharged, but the recognizance and the order for judicial interim release pursuant to which the recognizance was entered into are not otherwise affected.

R.S., 1985, c. 27 (1st Supp.), s. 167.

Rights of surety preserved

    1. Nothing in this Part limits or restricts any right that a surety has of taking and giving into custody any person for whom, under a recognizance, he is a surety.
    2. R.S., c. C-34, s. 702.
      Application of judicial interim release provisions

  1. Where a surety for a person has rendered him into custody and that person has been committed to prison, the provisions of Parts XVI, XXI and XXVII relating to judicial interim release apply, with such modifications as the circumstances require, in respect of him and he shall forthwith be taken before a justice or judge as an accused charged with an offence or as an appellant, as the case may be, for the purposes of those provisions.

R.S., c. C-34, s. 703; R.S., c. 2(2nd Supp.), s. 14.

Default to be endorsed

770. (1) Where, in proceedings to which this Act applies, a person who is bound by recognizance does not comply with a condition of the recognizance, a court, justice or provincial court judge having knowledge of the facts shall endorse or cause to be endorsed on the recognizance a certificate in Form 33 setting out

(a)
the nature of the default;
(b)
the reason for the default, if it is known;
(c)
whether the ends of justice have been defeated or delayed by reason of the default; and
(d)
the names and addresses of the principal and sureties. Transmission to clerk of court
(2)
A recognizance that has been endorsed pursuant to subsection (1) shall be sent to the clerk of the court and shall be kept by him with the records of the court.
Certificate is evidence
(3)
A certificate that has been endorsed on a recognizance pursuant to subsection (1) is evidence of the default to which it relates.
Transmission of deposit
(4)
Where, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of a recognizance, that money shall be sent to the clerk of the court with the defaulted recognizance, to be dealt with in accordance with this Part.

R.S., 1985, c. C-46, s. 770; R.S., 1985, c. 27 (1st Supp.), s. 203; 1997, c. 18, s. 108.

Proceedings in case of default

771. (1) Where a recognizance has been endorsed with a certificate pursuant to section 770 and has been received by the clerk of the court pursuant to that section,

(a)
a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on his behalf, fix a time and place for the hearing of an application for the forfeiture of the recognizance; and
(b)
the clerk of the court shall, not less than ten days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety named in the recognizance, directed to the principal or surety at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited.
Order of judge
(2)
Where subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in his discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he considers proper.
Judgment debtors of the Crown
(3)
Where, pursuant to subsection (2), a judge orders forfeiture of a recognizance, the principal and his sureties become judgment debtors of the Crown, each in the amount that the judge orders him to pay.

Order may be filed (3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if an order is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.

Transfer of deposit

(4) Where a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.

R.S., 1985, c. C-46, s. 771; R.S., 1985, c. 27 (1st Supp.), s. 168; 1994, c. 44, s. 78; 1999,

c. 5, s. 43.

Levy under writ

772. (1) Where a writ of fieri facias is issued pursuant to section 771, the sheriff to whom it is delivered shall execute the writ and deal with the proceeds thereof in the same manner in which he is authorized to execute and deal with the proceeds of writs of fieri facias issued out of superior courts in the province in civil proceedings.

Costs

(2) Where this section applies, the Crown is entitled to the costs of execution and of proceedings incidental thereto that are fixed, in the Province of Quebec, by any tariff applicable in the Superior Court in civil proceedings, and in any other province, by any tariff applicable in the superior court of the province in civil proceedings, as the judge may direct.

R.S., c. C-34, s. 706.

Committal when writ not satisfied

773. (1) Where a writ of fieri facias has been issued under this Part and it appears from a certificate in a return made by the sheriff that sufficient goods and chattels, lands and tenements cannot be found to satisfy the writ, or that the proceeds of the execution of the writ are not sufficient to satisfy it, a judge of the court may, upon the application of the Attorney General or counsel acting on his behalf, fix a time and place for the sureties to show cause why a warrant of committal should not be issued in respect of them.

Notice

(2)
Seven clear days notice of the time and place fixed for the hearing pursuant to subsection (1) shall be given to the sureties.
Hearing
(3)
The judge shall, at the hearing held pursuant to subsection (1), inquire into the circumstances of the case and may in his discretion
(a)
order the discharge of the amount for which the surety is liable; or
(b)
make any order with respect to the surety and to his imprisonment that he considers proper in the circumstances and issue a warrant of committal in Form 27.
Warrant to committal
(4)
A warrant of committal issued pursuant to this section authorizes the sheriff to take into custody the person in respect of whom the warrant was issued and to confine him in a prison in the territorial division in which the writ was issued or in the prison nearest to the court, until satisfaction is made or until the period of imprisonment fixed by the judge has expired.
Definition of “Attorney General”
(5)
In this section and in section 771, “Attorney General” means, where subsection 734.4(2) applies, the Attorney General of Canada.

R.S., 1985, c. C-46, s. 773; 1995, c. 22, s. 10.

PART XXVI EXTRAORDINARY REMEDIES

Application of Part

774. This Part applies to proceedings in criminal matters by way of certiorari, habeas corpus, mandamus, procedendo and prohibition.

R.S., 1985, c. C-46, s. 774; R.S., 1985, c. 27 (1st Supp.), s. 169. Appearance in person — habeas corpus

    1. Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear personally in court.
    2. 2002, c. 13, s. 77.
      Detention on inquiry to determine legality of imprisonment

  1. Where proceedings to which this Part applies have been instituted before a judge or court having jurisdiction, by or in respect of a person who is in custody by reason that he is charged with or has been convicted of an offence, to have the legality of his imprisonment determined, the judge or court may, without determining the question, make an order for the further detention of that person and direct the judge, justice or provincial court judge under whose warrant he is in custody, or any other judge, justice or provincial court judge, to take any proceedings, hear such evidence or do any other thing that, in the opinion of the judge or court, will best further the ends of justice.

R.S., 1985, c. C-46, s. 775; R.S., 1985, c. 27 (1st Supp.), s. 203.

Where conviction or order not reviewable

776. No conviction or order shall be removed by certiorari

(a)
where an appeal was taken, whether or not the appeal has been carried to a conclusion; or
(b)
where the defendant appeared and pleaded and the merits were tried, and an appeal might have been taken, but the defendant did not appeal.

R.S., c. C-34, s. 710.

Conviction or order remediable, when

777. (1) No conviction, order or warrant for enforcing a conviction or order shall, on being removed by certiorari, be held to be invalid by reason of any irregularity, informality or insufficiency therein, where the court before which or the judge before whom the question is raised, on perusal of the evidence, is satisfied

(a)
that an offence of the nature described in the conviction, order or warrant, as the case may be, was committed,
(b)
that there was jurisdiction to make the conviction or order or issue the warrant, as the case may be, and
(c)
that the punishment imposed, if any, was not in excess of the punishment that might lawfully have been imposed,

but the court or judge has the same powers to deal with the proceedings in the manner that the court or judge considers proper that are conferred on a court to which an appeal might have been taken.

Correcting punishment

(2)
Where, in proceedings to which subsection (1) applies, the court or judge is satisfied that a person was properly convicted of an offence but the punishment that was imposed is greater than the punishment that might lawfully have been imposed, the court or judge
(a)
shall correct the sentence,
(i)
where the punishment is a fine, by imposing a fine that does not exceed the maximum fine that might lawfully have been imposed,
(ii)
where the punishment is imprisonment, and the person has not served a term of imprisonment under the sentence that is equal to or greater than the term of imprisonment that might lawfully have been imposed, by imposing a term of imprisonment that does not exceed the maximum term of imprisonment that might lawfully have been imposed, or

(iii) where the punishment is a fine and imprisonment, by imposing a punishment in accordance with subparagraph (i) or (ii), as the case requires; or

(b)
shall remit the matter to the convicting judge, justice or provincial court judge and direct him to impose a punishment that is not greater than the punishment that may be lawfully imposed.
Amendment
(3)
Where an adjudication is varied pursuant to subsection (1) or (2), the conviction and warrant of committal, if any, shall be amended to conform to the adjudication as varied.
Sufficiency of statement
(4)
Any statement that appears in a conviction and is sufficient for the purpose of the conviction is sufficient for the purposes of an information, summons, order or warrant in which it appears in the proceedings.

R.S., 1985, c. C-46, s. 777; R.S., 1985, c. 27 (1st Supp.), s. 203.

Irregularities within section 777

778. Without restricting the generality of section 777, that section shall be deemed to apply where

(a)
the statement of the adjudication or of any other matter or thing is in the past tense instead of in the present tense;
(b)
the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed; or
(c)
there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged or are stated in another provision.

R.S., c. C-34, s. 712.

General order for security by recognizance

779. (1) A court that has authority to quash a conviction, order or other proceeding on certiorari may prescribe by general order that no motion to quash any such conviction, order or other proceeding removed to the court by certiorari shall be heard unless the defendant has entered into a recognizance with one or more sufficient sureties, before one or more justices of the territorial division in which the conviction or order was made or before a judge or other officer, or has made a deposit to be prescribed with a condition that the defendant will prosecute the writ of certiorari at his own expense, without wilful delay, and, if ordered, will pay to the person in whose favour the conviction, order or other proceeding is affirmed his full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed.

Provisions of Part XXV

(2) The provisions of Part XXV relating to forfeiture of recognizances apply to a recognizance entered into under this section.

R.S., c. C-34, s. 713.

Effect of order dismissing application to quash

780. Where a motion to quash a conviction, order or other proceeding is refused, the order of the court refusing the application is sufficient authority for the clerk of the court forthwith to return the conviction, order or proceeding to the court from which or the person from whom it was removed, and for proceedings to be taken with respect thereto for the enforcement thereof.

R.S., c. C-34, s. 714.

Want of proof of order in council

781. (1) No order, conviction or other proceeding shall be quashed or set aside, and no defendant shall be discharged, by reason only that evidence has not been given

(a)
of a proclamation or order of the Governor in Council or the lieutenant governor in council;
(b)
of rules, regulations or by-laws made by the Governor in Council under an Act of Parliament or by the lieutenant governor in council under an Act of the legislature of the province; or
(c)
of the publication of a proclamation, order, rule, regulation or by-law in the Canada Gazette or in the official gazette for the province.
Judicial notice
(2)
Proclamations, orders, rules, regulations and by-laws mentioned in subsection (1) and the publication thereof shall be judicially noticed.

R.S., c. C-34, s. 715. Defect in form

782. No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect therein, where

(a)
it is alleged in the warrant that the defendant was convicted; and
(b)
there is a valid conviction to sustain the warrant.
R.S., c. C-34, s. 716.
No action against official when conviction, etc., quashed


783. Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it.

R.S., 1985, c. C-46, s. 783; R.S., 1985, c. 27 (1st Supp.), s. 203.

Appeal in mandamus, etc.

784. (1) An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition.

Application of Part XXI

(2)
Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section.
Refusal of application, and appeal
(3)
Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.
Where writ granted
(4)
Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.
Appeal from judgment on return of writ
(5)
Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.
Hearing of appeal
(6)
An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.

R.S., 1985, c. C-46, s. 784; 1997, c. 18, s. 109.

PART XXVII

SUMMARY CONVICTIONS

Interpretation

Definitions

785. In this Part,

“clerk of the appeal court”

« greffier de la cour d’appel »

“clerk of the appeal court” includes a local clerk of the appeal court;

“informant”
« dénonciateur »
“informant” means a person who lays an information;
“information”
« dénonciation »
“information” includes

(a)
a count in an information, and
(b)
a complaint in respect of which a justice is authorized by an Act of Parliament or an
enactment made thereunder to make an order;
“order”
« ordonnance »
“order” means any order, including an order for the payment of money;
“proceedings”





« procédures »
“proceedings” means


(a)
proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and
(b)
proceedings where a justice is authorized by an Act of Parliament or an enactment
made thereunder to make an order;
“prosecutor”


« poursuivant »
“prosecutor” means the Attorney General or, where the Attorney General does not
intervene, the informant, and includes counsel or an agent acting on behalf of either of
them;

“sentence”

« sentence », « peine » ou « condamnation »

“sentence” includes

(a)
a declaration made under subsection 199(3),
(b)
an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(3) or (5) or section 738, 739, 742.1 or 742.3,
(c)
a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), and
(d)
an order made under subsection 16(1) of the Controlled Drugs and Substances Act;
“summary conviction court”
« cour des poursuites sommaires »
“summary conviction court” means a person who has jurisdiction in the territorial



division where the subject-matter of the proceedings is alleged to have arisen and who

(a)
is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,
(b)
is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or
(c)
is a provincial court judge, where the enactment under which the proceedings are
taken gives jurisdiction in respect thereof to two or more justices;
“trial”
« procès » ou « instruction »



“trial” includes the hearing of a complaint.
R.S., 1985, c. C-46, s. 785; R.S., 1985, c. 27 (1st Supp.), ss. 170, 203; 1992, c. 1, s. 58;
1995, c. 22, s. 7, c. 39, s. 156; 1996, c. 19, s. 76; 1999, c. 25, s. 23(Preamble); 2002, c.
13, s. 78; 2006, c. 14, s. 7.

Previous Version Application of Part

786. (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.

Limitation

(2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree.

R.S., 1985, c. C-46, s. 786; 1997, c. 18, s. 110.

Punishment

General penalty

787. (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.

Imprisonment in default where not otherwise specified

(2)
Where the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term not exceeding six months.
(3)
to (11) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 171]
R.S., 1985, c. C-46, s. 787; R.S., 1985, c. 27 (1st Supp.), s. 171; 2008, c. 18, s. 44.
Previous Version


Information

Commencement of proceedings

788. (1) Proceedings under this Part shall be commenced by laying an information in Form 2.

One justice may act before the trial

(2)
Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may
(a)
receive the information;
(b)
issue a summons or warrant with respect to the information; and
(c)
do all other things preliminary to the trial.
R.S., c. C-34, s. 723.
Formalities of information


789. (1) In proceedings to which this Part applies, an information

(a)
shall be in writing and under oath; and
(b)
may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.
No reference to previous convictions
(2)
No information in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.

R.S., c. C-34, s. 724.

Any justice may act before and after trial

790. (1) Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the justices before whom the trial is held.

Two or more justices

(2)
Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings.
(3)
and (4) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 172] R.S., 1985, c. C-46, s. 790; R.S., 1985, c. 27 (1st Supp.), s. 172.
  1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]
  2. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]

Defects and Objections
    1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]
    2. No need to negative exception, etc.
  1. (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

Burden of proving exception, etc.

(2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

R.S., c. C-34, s. 730.

Application

Application of Parts XVI, XVIII, XX and XX.1

    1. The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XX and XX.1, in so far as they are not inconsistent with this Part, apply, with such modifications as the circumstances require, to proceedings under this Part.
    2. R.S., 1985, c. C-46, s. 795; R.S., 1985, c. 27 (1st Supp.), s. 176; 1991, c. 43, s. 7.
  1. and 797. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]

Trial

Jurisdiction

798. Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has jurisdiction.

R.S., c. C-34, s. 733.

Non-appearance of prosecutor

    1. Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court
    2. may dismiss the information or may adjourn the trial to some other time on such terms as
      it considers proper.
      R.S., c. C-34, s. 734.
      When both parties appear



  1. (1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial.

Counsel or agent

(2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

Video links

(2.1) Where the court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or any other means that allow the court and the defendant to engage in simultaneous visual and oral communication, if the defendant is given the opportunity to communicate privately with counsel, in a case in which the defendant is represented by counsel.

Appearance by organization

(3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.

R.S., 1985, c. C-46, s. 800; 1997, c. 18, s. 111; 2003, c. 21, s. 21. Previous Version Arraignment

801. (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked,

(a)
whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or
(b)
whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.
Finding of guilt, conviction or order if charge admitted
(2)
Where the defendant pleads guilty or does not show sufficient cause why an order should not be made against him, as the case may be, the summary conviction court shall convict the defendant, discharge the defendant under section 730 or make an order against the defendant accordingly.
Procedure if charge not admitted
(3)
Where the defendant pleads not guilty or states that he has cause to show why an order should not be made against him, as the case may be, the summary conviction court shall proceed with the trial, and shall take the evidence of witnesses for the prosecutor and the defendant in accordance with the provisions of Part XVIII relating to preliminary inquiries.
(4)
and (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 177]

R.S., 1985, c. C-46, s. 801; R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10.

Right to make full answer and defence

802. (1) The prosecutor is entitled personally to conduct his case and the defendant is entitled to make his full answer and defence.

Examination of witnesses

(2)
The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent.
On oath
(3)
Every witness at a trial in proceedings to which this Part applies shall be examined under oath.

R.S., c. C-34, s. 737.

Limitation on the use of agents

802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.

2002, c. 13, s. 79.

Adjournment

803. (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.

Non-appearance of defendant

(2)
If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court
(a)
may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or
(b)
may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant.
Consent of Attorney General required
(3)
If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant’s failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with.
Non-appearance of prosecutor
(4)
Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the summary conviction court may dismiss the information with or without costs.
(5)
to (8) [Repealed, 1991, c. 43, s. 9]
c.
18, s. 45.

R.S., 1985, c. C-46, s. 803; 1991, c. 43, s. 9; 1994, c. 44, s. 79; 1997, c. 18, s. 112; 2008,

Previous Version

Adjudication

Finding of guilt, conviction, order or dismissal

804. When the summary conviction court has heard the prosecutor, defendant and witnesses, it shall, after considering the matter, convict the defendant, discharge the defendant under section 730, make an order against the defendant or dismiss the information, as the case may be.

R.S., 1985, c. C-46, s. 804; R.S., 1985, c. 27 (1st Supp.), s. 178, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10.

    1. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 179]
    2. Memo of conviction or order
  1. (1) Where a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order shall be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, the court shall cause a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order to be drawn up and shall deliver the certified copy to the person making the request.

Warrant of committal

(2)
Where a defendant is convicted or an order is made against him, the summary conviction court shall issue a warrant of committal in Form 21 or 22, and section 528 applies in respect of a warrant of committal issued under this subsection.
Admissibility of certified copy
(3)
Where a warrant of committal in Form 21 is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

R.S., 1985, c. C-46, s. 806; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1994, c. 44, s. 80.

Disposal of penalties when joint offenders

807. Where several persons join in committing the same offence and on conviction each is adjudged to pay an amount to a person aggrieved, no more shall be paid to that person than an amount equal to the value of the property destroyed or injured or the amount of the injury done, together with costs, if any, and the residue of the amount adjudged to be paid shall be applied in the manner in which other penalties imposed by law are directed to be applied.

R.S., c. C-34, s. 742.

Order of dismissal

808. (1) Where the summary conviction court dismisses an information, it may, if requested by the defendant, draw up an order of dismissal and shall give to the defendant a certified copy of the order of dismissal.

Effect of certificate

(2) A copy of an order of dismissal, certified in accordance with subsection (1) is, without further proof, a bar to any subsequent proceedings against the defendant in respect of the same cause.

R.S., c. C-34, s. 743.

Costs

809. (1) The summary conviction court may in its discretion award and order such costs as it considers reasonable and not inconsistent with such of the fees established by section 840 as may be taken or allowed in proceedings before that summary conviction court, to be paid

(a)
to the informant by the defendant, where the summary conviction court convicts or makes an order against the defendant; or
(b)
to the defendant by the informant, where the summary conviction court dismisses an information.
Order set out
(2)
An order under subsection (1) shall be set out in the conviction, order or order of dismissal, as the case may be.
Costs are part of fine
(3)
Where a fine or sum of money or both are adjudged to be paid by a defendant and a term of imprisonment in default of payment is imposed, the defendant is, in default of payment, liable to serve the term of imprisonment imposed, and for the purposes of this subsection, any costs that are awarded against the defendant shall be deemed to be part of the fine or sum of money adjudged to be paid.
Where no fine imposed
(4)
Where no fine or sum of money is adjudged to be paid by a defendant, but costs are awarded against the defendant or informant, the person who is liable to pay them is, in default of payment, liable to imprisonment for one month.
Definition of “costs”
(5)
In this section, “costs” includes the costs and charges, after they have been ascertained, of committing and conveying to prison the person against whom costs have been awarded.

R.S., c. C-34, s. 744.

Sureties to Keep the Peace

Where injury or damage feared

810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property.

Duty of justice

(2)
A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.
Adjudication
(3)
The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears,
(a)
order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant; or
(b)
commit the defendant to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the recognizance.

Conditions

(3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.

Surrender, etc.

(3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which

(a)
the things referred to in that subsection that are in the possession of the accused 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.

Reasons

(3.12) Where the justice or summary conviction court does not add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.

Idem

(3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s spouse or common-law partner or child, as the case may be, to add either or both of the following conditions to the recognizance, namely, a condition

(a)
prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be, is regularly found; and
(b)
prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be.
Forms
(4)
A recognizance and committal to prison in default of recognizance under subsection
(3)
may be in Forms 32 and 23, respectively.

Modification of recognizance

(4.1) The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

Procedure (5) The provisions of this Part apply, with such modifications as the circumstances require, to proceedings under this section.

R.S., 1985, c. C-46, s. 810; 1991, c. 40, s. 33; 1994, c. 44, s. 81; 1995, c. 22, s. 8, c. 39, s. 157; 2000, c. 12, s. 95.

Fear of certain offences

810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1, a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.

Appearances

(2)
A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3)
If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

Duration extended

(3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

Refusal to enter into recognizance

(4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

Conditions in recognizance

(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a)
to participate in a treatment program;
(b)
to wear an electronic monitoring device, if the Attorney General makes the request;
(c)
to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;
(d)
to return to and remain at their place of residence at specified times; or
(e)
to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.
Conditions — firearms
(5)
The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

Surrender, etc.

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.

Reasons

(5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

Variance of conditions

(6)
A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(7)
Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.
s.
19.

1997, c. 23, ss. 19, 26; 2001, c. 32, s. 46, c. 41, ss. 22, 133; 2002, c. 13, s. 80; 2009, c. 22,

Previous Version

Where fear of sexual offence

810.1 (1) Any person who fears on reasonable grounds that another person will commit 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 or 273, in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.

Appearances

(2)
A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3)
If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

Duration extended

(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

Conditions in recognizance

(3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

(a)
prohibit the defendant from engaging in any activity that involves contact with persons under the age of 16 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under that age;
(b)
prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;
(c)
require the defendant to participate in a treatment program;
(d)
require the defendant to wear an electronic monitoring device, if the Attorney General makes the request;
(e)
require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
(f)
require the defendant to return to and remain at his or her place of residence at specified times; or
(g)
require the defendant to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

Conditions — firearms

(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

Surrender, etc.

(3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

Condition — reporting

(3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.

Refusal to enter into recognizance

(3.1) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

Judge may vary recognizance

(4)
A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
(5)
Subsections 810(4) and (5) apply, with such modifications as the circumstances
require, to recognizances made under this section.
1993, c. 45, s. 11; 1997, c. 18, s. 113; 2002, c. 13, s. 81; 2008, c. 6, ss. 52, 54, 62.


Other provisions to apply Previous Version Where fear of serious personal injury offence

810.2 (1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.

Appearances

(2)
A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3)
If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

Duration extended

(3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

Refusal to enter into recognizance

(4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

Conditions in recognizance

(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a)
to participate in a treatment program;
(b)
to wear an electronic monitoring device, if the Attorney General makes the request;
(c)
to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
(d)
to return to and remain at his or her place of residence at specified times; or
(e)
to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.
Conditions — firearms
(5)
The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

Surrender, etc.

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

Reasons

(5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

Condition — reporting

(6)
The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.
Variance of conditions
(7)
A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.
(8)
Subsections 810(4) and (5) apply, with such modifications as the circumstances
require, to recognizances made under this section.
1997, c. 17, s. 9; 2002, c. 13, s. 82; 2008, c. 6, s. 53.


Other provisions to apply Previous Version Breach of recognizance

811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is 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.

R.S., 1985, c. C-46, s. 811; 1993, c. 45, s. 11; 1994, c. 44, s. 82; 1997, c. 17, s. 10, c. 23, ss. 20, 27; 2001, c. 41, s. 23.

Appeal

Definition of “appeal court”

812. (1) For the purposes of sections 813 to 828, “appeal court” means

(a)
in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;
(b)
in the Province of Quebec, the Superior Court;
(c)
in the Provinces of Nova Scotia and British Columbia, the Supreme Court;
(d)
in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;
(e)
[Repealed, 1992, c. 51, s. 43]
(f)
in the Province of Prince Edward Island, the Trial Division of the Supreme Court;
(g)
in the Province of Newfoundland, the Trial Division of the Supreme Court;
(h)
in Yukon and the Northwest Territories, a judge of the Supreme Court; and
(i)
in Nunavut, a judge of the Nunavut Court of Justice.
When appeal court is Court of Appeal of Nunavut
(2)
A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.

R.S., 1985, c. C-46, s. 812; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 7, c. 17, s. 15; 1992, c. 51, s. 43; 1998, c. 30, s. 14; 1999, c. 3, s. 55; 2002,

c. 7, s. 149. Previous Version Appeal by defendant, informant or Attorney General

813. Except where otherwise provided by law,

(a)
the defendant in proceedings under this Part may appeal to the appeal court
(i)
from a conviction or order made against him,
(ii)
against a sentence passed on him, or

(iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and

(b)
the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court
(i)
from an order that stays proceedings on an information or dismisses an information,
(ii)
against a sentence passed on a defendant, or

(iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial,

and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

R.S., 1985, c. C-46, s. 813; R.S., 1985, c. 27 (1st Supp.), s. 180; 1991, c. 43, s. 9.

Manitoba and Alberta

814. (1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

Saskatchewan

(2)
In the Province of Saskatchewan, an appeal under section 813 shall be heard at the sittings of the appeal court at the judicial centre nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.
British Columbia
(3)
In the Province of British Columbia, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.
Territories
(4)
In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held.

R.S., 1985, c. C-46, s. 814; 1993, c. 28, s. 78; 2002, c. 7, s. 150. Previous Version Notice of appeal

815. (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court.

Extension of time

(2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.

R.S., c. C-34, s. 750; 1972, c. 13, s. 66; 1974-75-76, c. 93, s. 89.

Interim Release of Appellant

Undertaking or recognizance of appellant

816. (1) A person who was the defendant in proceedings before a summary conviction court and by whom an appeal is taken under section 813 shall, if he is in custody, remain in custody unless the appeal court at which the appeal is to be heard orders that the appellant be released

(a)
on his giving an undertaking to the appeal court, without conditions or with such conditions as the appeal court directs, to surrender himself into custody in accordance with the order,
(b)
on his entering into a recognizance without sureties in such amount, with such conditions, if any, as the appeal court directs, but without deposit of money or other valuable security, or
(c)
on his entering into a recognizance with or without sureties in such amount, with such conditions, if any, as the appeal court directs, and on his depositing with that appeal court such sum of money or other valuable security as the appeal court directs,

and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.

Application of certain provisions of section 525

(2) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (1).

R.S., 1985, c. C-46, s. 816; R.S., 1985, c. 27 (1st Supp.), s. 181(E).

Undertaking or recognizance of prosecutor

817. (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, forthwith after filing the notice of appeal and proof of service thereof in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor

(a)
give an undertaking as prescribed in this section; or
(b)
enter into a recognizance in such amount, with or without sureties and with or without deposit of money or other valuable security, as the justice directs.
Condition
(2)
The condition of an undertaking or recognizance given or entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.
(3)
This section does not apply in respect of an appeal taken by the Attorney General or by counsel acting on behalf of the Attorney General.
Form of undertaking or recognizance
(4)
An undertaking under this section may be in Form 14 and a recognizance under this section may be in Form 32.

Appeals by Attorney General R.S., c. 2(2nd Supp.), s. 16. Application to appeal court for review

818. (1) Where a justice makes an order under section 817, either the appellant or the respondent may, before or at any time during the hearing of the appeal, apply to the appeal court for a review of the order made by the justice.

Disposition of application by appeal court

(2)
On the hearing of an application under this section, the appeal court, after giving the appellant and the respondent a reasonable opportunity to be heard, shall
(a)
dismiss the application; or
(b)
if the person applying for the review shows cause, allow the application, vacate the order made by the justice and make the order that in the opinion of the appeal court should have been made.
Effect of order
(3)
An order made under this section shall have the same force and effect as if it had been made by the justice.

R.S., c. 2(2nd Supp.), s. 16; 1974-75-76, c. 93, s. 91.1. Application to fix date for hearing of appeal

819. (1) Where, in the case of an appellant who has been convicted by a summary conviction court and who is in custody pending the hearing of his appeal, the hearing of his appeal has not commenced within thirty days from the day on which notice of his appeal was given in accordance with the rules referred to in section 815, the person having the custody of the appellant shall, forthwith on the expiration of those thirty days, apply to the appeal court to fix a date for the hearing of the appeal.

Order fixing date (2) On receiving an application under subsection (1), the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, fix a date for the hearing of the appeal and give such directions as it thinks necessary for expediting the hearing of the appeal.

R.S., c. 2(2nd Supp.), s. 16; 1974-75-76, c. 93, s. 92.

Payment of fine not a waiver of appeal

820. (1) A person does not waive his right of appeal under section 813 by reason only that he pays the fine imposed on conviction, without in any way indicating an intention to appeal or reserving the right to appeal.

Presumption

(2) A conviction, order or sentence shall be deemed not to have been appealed against until the contrary is shown.

R.S., c. C-34, s. 753.

Procedure on Appeal

Notification and transmission of conviction, etc.

821. (1) Where a notice of appeal has been given in accordance with the rules referred to in section 815, the clerk of the appeal court shall notify the summary conviction court that made the conviction or order appealed from or imposed the sentence appealed against of the appeal and on receipt of the notification that summary conviction court shall transmit the conviction, order or order of dismissal and all other material in its possession in connection with the proceedings to the appeal court before the time when the appeal is to be heard, or within such further time as the appeal court may direct, and the material shall be kept by the clerk of the appeal court with the records of the appeal court.

Saving

(2)
An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Part relating to appeals.
Appellant to furnish transcript of evidence
(3)
Where the evidence on a trial before a summary conviction court has been taken by a stenographer duly sworn or by a sound recording apparatus, the appellant shall, unless the appeal court otherwise orders or the rules referred to in section 815 otherwise provide, cause a transcript thereof, certified by the stenographer or in accordance with subsection

540(6), as the case may be, to be furnished to the appeal court and the respondent for use on the appeal.

R.S., c. C-34, s. 754; 1972, c. 13, s. 67; 1974-75-76, c. 93, s. 93.

Certain sections applicable to appeals

822. (1) Where an appeal is taken under section 813 in respect of any conviction, acquittal, sentence, verdict or order, sections 683 to 689, with the exception of subsections 683(3) and 686(5), apply, with such modifications as the circumstances require.

New trial

(2)
Where an appeal court orders a new trial, it shall be held before a summary conviction court other than the court that tried the defendant in the first instance, unless the appeal court directs that the new trial be held before the summary conviction court that tried the accused in the first instance.
Order of detention or release
(3)
Where an appeal court orders a new trial, it may make such order for the release or detention of the appellant pending the trial as may be made by a justice pursuant to section 515 and the order may be enforced in the same manner as if it had been made by a justice under that section, and the provisions of Part XVI apply with such modifications as the circumstances require to the order.

Trial de novo

(4)
Despite subsections (1) to (3), if an appeal is taken under section 813 and because of the condition of the record of the trial in the summary conviction court or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or the Attorney General’s agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with any rules that may be made under section 482 or 482.1, and for that purpose the provisions of sections 793 to 809 apply, with any modifications that the circumstances require.
Former evidence
(5)
The appeal court may, for the purpose of hearing and determining an appeal under subsection (4), permit the evidence of any witness taken before the summary conviction court to be read if that evidence has been authenticated in accordance with section 540 and if
(a)
the appellant and respondent consent,
(b)
the appeal court is satisfied that the attendance of the witness cannot reasonably be obtained, or
(c)
by reason of the formal nature of the evidence or otherwise the court is satisfied that the opposite party will not be prejudiced,

and any evidence that is read under the authority of this subsection has the same force and effect as if the witness had given the evidence before the appeal court.

Appeal against sentence

(6)
Where an appeal is taken under subsection (4) against sentence, the appeal court shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against and may, on such evidence, if any, as it thinks fit to require or receive, by order,
(a)
dismiss the appeal, or
(b)
vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted,

and in making any order under paragraph (b), the appeal court may take into account any time spent in custody by the defendant as a result of the offence.

General provisions re appeals

(7)
The following provisions apply in respect of appeals under subsection (4):
(a)
where an appeal is based on an objection to an information or any process, judgment shall not be given in favour of the appellant
(i)
for any alleged defect therein in substance or in form, or
(ii)
for any variance between the information or process and the evidence adduced at the trial,

unless it is shown

(iii) that the objection was taken at the trial, and

(iv)
that an adjournment of the trial was refused notwithstanding that the variance referred to in subparagraph (ii) had deceived or misled the appellant; and
(b)
where an appeal is based on a defect in a conviction or an order, judgment shall not be given in favour of the appellant, but the court shall make an order curing the defect.

R.S., 1985, c. C-46, s. 822; 1991, c. 43, s. 9; 2002, c. 13, s. 83.

  1. [Repealed, 1991, c. 43, s. 9] Adjournment
    1. The appeal court may adjourn the hearing of an appeal from time to time as may be necessary.
    2. R.S., c. C-34, s. 756.
      Dismissal for failure to appear or want of prosecution

  2. The appeal court may, on proof that notice of an appeal has been given and that
(a)
the appellant has failed to comply with any order made under section 816 or 817 or with the conditions of any undertaking or recognizance given or entered into as prescribed in either of those sections, or
(b)
the appeal has not been proceeded with or has been abandoned,
order that the appeal be dismissed.
R.S., c. C-34, s. 757; R.S., c. 2(2nd Supp.), s. 18.
Costs



826. Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.

R.S., c. C-34, s. 758.

To whom costs payable, and when

827. (1) Where the appeal court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the court, to be paid by him to the person entitled to them, and shall fix the period within which the costs shall be paid.

Certificate of non-payment of costs

(2) Where costs are not paid in full within the period fixed for payment and the person who has been ordered to pay them has not been bound by a recognizance to pay them, the clerk of the court shall, on application by the person entitled to the costs, or by any person on his behalf, and on payment of any fee to which the clerk of the court is entitled, issue a certificate in Form 42 certifying that the costs or a part thereof, as the case may be, have not been paid.

Committal

(3) A justice having jurisdiction in the territorial division in which a certificate has been issued under subsection (2) may, on production of the certificate, by warrant in Form 26, commit the defaulter to imprisonment for a term not exceeding one month, unless the amount of the costs and, where the justice thinks fit so to order, the costs of the committal and of conveying the defaulter to prison are sooner paid.

R.S., c. C-34, s. 759.

Enforcement of conviction or order by court of appeal

828. (1) A conviction or order made by the appeal court may be enforced

(a)
in the same manner as if it had been made by the summary conviction court; or
(b)
by process of the appeal court. Enforcement by justice
(2)
Where an appeal taken against a conviction or order adjudging payment of a sum of money is dismissed, the summary conviction court that made the conviction or order or a justice for the same territorial division may issue a warrant of committal as if no appeal had been taken.
Duty of clerk of court
(3)
Where a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating thereto, except the notice of intention to appeal and any recognizance.

R.S., c. C-34, s. 760.

Summary Appeal on Transcript or Agreed Statement of Facts

Definition of “appeal court”

829. (1) Subject to subsection (2), for the purposes of sections 830 to 838, “appeal court” means, in any province, the superior court of criminal jurisdiction for the province.

Nunavut

(2) If the appeal is from a conviction, judgment, verdict or other final order or determination of a summary conviction court consisting of a judge of the Nunavut Court of Justice, “appeal court” means a judge of the Court of Appeal of Nunavut.

R.S., 1985, c. C-46, s. 829; R.S., 1985, c. 27 (1st Supp.), s. 182; 1999, c. 3, s. 56.

Appeals

830. (1) A party to proceedings to which this Part applies or the Attorney General may appeal against a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court on the ground that

(a)
it is erroneous in point of law;
(b)
it is in excess of jurisdiction; or
(c)
it constitutes a refusal or failure to exercise jurisdiction.
Form of appeal
(2)
An appeal under this section shall be based on a transcript of the proceedings appealed from unless the appellant files with the appeal court, within fifteen days of the filing of the notice of appeal, a statement of facts agreed to in writing by the respondent.
Rules for appeals
(3)
An appeal under this section shall be made within the period and in the manner directed by any applicable rules of court and where there are no such rules otherwise providing, a notice of appeal in writing shall be served on the respondent and a copy thereof, together with proof of service, shall be filed with the appeal court within thirty days after the date of the conviction, judgment or verdict of acquittal or other final order or determination that is the subject of the appeal.
Rights of Attorney General of Canada
(4)
The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this section.

R.S., 1985, c. C-46, s. 830; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9.

Application 831. The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the person having the custody of an appellant described in section 819 to appoint a date for the hearing of the appeal, the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, give such directions as it thinks necessary for expediting the hearing of the appeal.

R.S., 1985, c. C-46, s. 831; R.S., 1985, c. 27 (1st Supp.), s. 182.

Undertaking or recognizance

832. (1) When a notice of appeal is filed pursuant to section 830, the appeal court may order that the appellant appear before a justice and give an undertaking or enter into a recognizance as provided in section 816 where the defendant is the appellant, or as provided in section 817, in any other case.

Attorney General

(2) Subsection (1) does not apply where the appellant is the Attorney General or counsel acting on behalf of the Attorney General.

R.S., 1985, c. C-46, s. 832; R.S., 1985, c. 27 (1st Supp.), s. 182. No writ required

833. No writ of certiorari or other writ is required to remove any conviction, judgment, verdict or other final order or determination of a summary conviction court for the purpose of obtaining the judgment, determination or opinion of the appeal court.

R.S., 1985, c. C-46, s. 833; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9.

Powers of appeal court

834. (1) When a notice of appeal is filed pursuant to section 830, the appeal court shall hear and determine the grounds of appeal and may

(a)
affirm, reverse or modify the conviction, judgment, verdict or other final order or determination, or
(b)
remit the matter to the summary conviction court with the opinion of the appeal court,
and may make any other order in relation to the matter or with respect to costs that it considers proper. Authority of judge
(2)
Where the authority and jurisdiction of the appeal court may be exercised by a judge of that court, the authority and jurisdiction may, subject to any applicable rules of court, be exercised by a judge of the court sitting in chambers as well in vacation as in term time.

R.S., 1985, c. C-46, s. 834; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9.

Enforcement

835. (1) Where the appeal court renders its decision on an appeal, the summary conviction court from which the appeal was taken or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, modified or made by the appeal court as the summary conviction court would have had if no appeal had been taken.

Idem

(2) An order of the appeal court may be enforced by its own process. R.S., 1985, c. C-46, s. 835; R.S., 1985, c. 27 (1st Supp.), s. 182. Appeal under section 830

836. Every person who appeals under section 830 from any conviction, judgment, verdict or other final order or determination in respect of which that person is entitled to an appeal under section 813 shall be taken to have abandoned all the person’s rights of appeal under section 813.

R.S., 1985, c. C-46, s. 836; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9.

Appeal barred

    1. Where it is provided by law that no appeal lies from a conviction or order, no appeal under section 830 lies from such a conviction or order.
    2. R.S., 1985, c. C-46, s. 837; R.S., 1985, c. 27 (1st Supp.), s. 182. Extension of time
  1. The appeal court or a judge thereof may at any time extend any time period referred to in section 830, 831 or 832.

R.S., 1985, c. C-46, s. 838; R.S., 1985, c. 27 (1st Supp.), s. 182.

Appeals to Court of Appeal

Appeal on question of law

839. (1) Subject to subsection (1.1), an appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone, against

(a)
a decision of a court in respect of an appeal under section 822; or
(b)
a decision of an appeal court under section 834, except where that court is the court of appeal.

Nunavut

(1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2).

Sections applicable

(2)
Sections 673 to 689 apply with such modifications as the circumstances require to an appeal under this section.
Costs
(3)
Notwithstanding subsection (2), the court of appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section.
Enforcement of decision
(4)
The decision of the court of appeal may be enforced in the same manner as if it had been made by the summary conviction court before which the proceedings were originally heard and determined.
Right of Attorney General of Canada to appeal
(5)
The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

R.S., 1985, c. C-46, s. 839; R.S., 1985, c. 27 (1st Supp.), s. 183; 1999, c. 3, s. 57.

Fees and Allowances

Fees and allowances 840. (1) Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part.

Order of lieutenant governor in council

(2) The lieutenant governor in council of a province may order that all or any of the fees and allowances mentioned in the schedule to this Part shall not be taken or allowed in proceedings before summary conviction courts and justices under this Part in that province and, when the lieutenant governor in council so orders, he or she may fix any other fees and allowances for any items similar to those mentioned in the schedule, or any other items, to be taken or allowed instead.

R.S., 1985, c. C-46, s. 840; 1994, c. 44, s. 83; 1997, c. 18, s. 114.

PART XXVIII MISCELLANEOUS Electronic Documents

Definitions

841. The definitions in this section apply in this section and in sections 842 to 847.
“data”
« données »
“data” means representations of information or concepts, in any form.
“electronic document”
« document électronique »
“electronic document” means data that is recorded or stored on any medium in or by a

computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data.

R.S., 1985, c. C-46, s. 841; R.S., 1985, c. 31 (4th Supp.), s. 97; 2002, c. 13, s. 84. Dealing with data in court

842. Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

2002, c. 13, s. 84.

Transfer of data

843. (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received.

Time of filing

(2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.

2002, c. 13, s. 84.

Documents in writing

844. A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court.

2002, c. 13, s. 84.

Signatures

845. If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court.

2002, c. 13, s. 84.

Oaths

846. If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if

(a)
the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief;
(b)
the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and
(c)
the electronic document was made in accordance with the laws of the place where it was made.

2002, c. 13, s. 84.

Copies

847. Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province.

2002, c. 13, s. 84.

Remote Appearance by Incarcerated Accused

Condition for remote appearance

848. Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by a means of communication that allows the court and the accused to engage in simultaneous visual and oral communication, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.

2002, c. 13, s. 84.

Forms

Forms

849. (1) The forms set out in this Part, varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided.

Seal not required

(2)
No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part.
Official languages
(3)
Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a

form to the like effect shall be printed in both official languages.
[Note: The forms referred to in this section can be found at the end of the Act under the
heading [Forms].]

2002, c. 13, s. 84. SCHEDULE TO PART XX.1 [Repealed, 2005, c. 22, s. 37] SCHEDULE [to Part XXV] (Section 762)

Column I Column II Column III A judge of the Court of Appeal in respect The Registrar of the Court

Ontario of a recognizance for the appearance of a of Appealperson before the Court

The Superior Court of Justice in respect of A Registrar of the Superior all other recognizances Court of Justice The Court of Quebec, Criminal and Penal

Quebec The Clerk of the Court

Division A Prothonotary of the

Nova Scotia The Supreme Court Supreme Court The Registrar of the CourtNew Brunswick The Court of Queen’s Bench

of Queen’s Bench The Supreme Court in respect of a

British The District Registrar of

recognizance for the appearance of a person

Columbia the Supreme Court

before that Court or the Court of Appeal A Provincial Court in respect of a The Clerk of the Provincialrecognizance for the appearance of a person Court

before a judge of that Court or a justice Prince Edward

The Supreme Court, Trial Division The Prothonotary

Island The registrar or a deputy Manitoba The Court of Queen’s Bench registrar of the Court of Queen’s Bench

The Local Registrar of the

Saskatchewan The Court of Queen’s Bench

Court of Queen’s Bench Alberta The Court of Queen’s Bench The Clerk of the Court of

Column I Column II Column III Queen’s Bench The Registrar of the

Newfoundland The Supreme Court Supreme Court The Clerk of the Supreme Yukon The Supreme Court

Court Northwest The Clerk of the Supreme

The Supreme Court

Territories Court The Clerk of the Nunavut

Nunavut The Nunavut Court of Justice

Court of Justice

R.S., 1985, c. C-46, Sch. to Part XXV; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1992, c. 1, s. 58, c. 51, ss. 40 to 42; 1998, c. 30, s. 14; 1999, c. 3, s. 54, c. 5,

s. 44; 2002, c. 7, s. 148.

Previous Version

SCHEDULE [to Part XXVII]

(Section 840)

FEES AND ALLOWANCES THAT MAY BE CHARGED BY SUMMARY CONVICTION COURTS AND JUSTICES

  1. Information ....... $ 1.00
  2. Summons or warrant ....... 0.50
  3. Warrant where summons issued in first instance ....... 0.30
  4. Each necessary copy of summons or warrant ....... 0.30
    1. Each subpoena or warrant to or for witnesses ....... 0.30 (A subpoena may contain any number of names. Only one subpoena may be issued on behalf of a party in any proceeding, unless the summary conviction
    2. court or the justice considers it necessary or desirable that more than one
      subpoena be issued.)

  5. Information for warrant for witness and warrant for witness ....... 1.00
  6. Each necessary copy of subpoena to or warrant for witness ....... 0.20
  7. Each recognizance ....... 1.00
  8. Hearing and determining proceeding ....... 1.00
  9. Where hearing lasts more than two hours ....... 2.00
  10. Where two or more justices hear and determine a proceeding, each is entitled to the fee authorized by item 9.
  11. Each warrant of committal ....... 0.50
    1. Making up record of conviction or order on request of a party to the
    2. 1.00
  12. Copy of a writing other than a conviction or order, on request of a party to the

proceedings .......

0.10

proceedings; for each folio of one hundred words .......

15. Bill of costs, when made out in detail on request of a party to the proceedings 0.20

.......
(Items 14 and 15 may be charged only where there has been an adjudication.)

  1. Attending to remand prisoner ....... 1.00
  2. Attending to take recognizance of bail ....... 1.00 FEES AND ALLOWANCES THAT MAY BE ALLOWED TO PEACE OFFICERS
  3. Arresting a person on a warrant or without a warrant ....... $ 1.50
  4. Serving summons or subpoena ....... 0.50
  5. Mileage to serve summons or subpoena or to make an arrest, both ways, for

0.10

each mile .......
(Where a public conveyance is not used, reasonable costs of transportation
may be allowed.)

21. Mileage where service cannot be effected, on proof of a diligent attempt to 0.10

effect service, each way, for each mile .......
Returning with prisoner after arrest to take him before a summary conviction
court or justice at a place different from the place where the peace officer

  1. received the warrant to arrest, if the journey is of necessity over a route 0.10 different from that taken by the peace officer to make the arrest, each way, for each mile .......
  2. Taking a prisoner to prison on remand or committal, each way, for each mile

0.10

.......
(Where a public conveyance is not used, reasonable costs of transportation
may be allowed. No charge may be made under this item in respect of a
service for which a charge is made under item 22.)

24. Attending summary conviction court or justice on summary conviction 2.00

proceedings, for each day necessarily employed ....... (Not more than $2.00 may be charged under this item in respect of any day notwithstanding the number of proceedings that the peace officer attended on that day before that summary conviction court or justice.) FEES AND ALLOWANCES THAT MAY BE ALLOWED TO WITNESSES

  1. Each day attending trial ....... $ 4.00
  2. Mileage travelled to attend trial, each way, for each mile ....... 0.10 FEES AND ALLOWANCES THAT MAY BE ALLOWED TO INTERPRETERS
  3. Each half day attending trial ....... $ 2.50
    1. Actual living expenses when away from ordinary place of residence, not to
    2. 10.00
  4. Mileage travelled to attend trial, each way, for each mile ....... 0.10

exceed per day .......

R.S., c. C-34, Sch. to Part XXIV.

[Forms]
FORM 1
(Section 487)
INFORMATION TO OBTAIN A SEARCH WARRANT
Canada,
Province of ................,
(territorial division).
This is the information of A.B., of ................ in the said (territorial division),

(occupation), hereinafter called the informant, taken before me. The informant says that (describe things to be searched for and offence in respect of which search is to be made), and that he believes on reasonable grounds that the said

things, or some part of them, are in the (dwelling-house, etc.) of C.D., of ................, in the said (territorial division). (Here add the grounds of belief, whatever they may be.) Wherefore the informant prays that a search warrant may be granted to search the said

(dwelling-house, etc.) for the said things.

.......

Sworn before me this .......... day of .........., A.D. .........., at ...... .

(Signature of Informant) .......

A Justice of the Peace in and for .......

FORM 2

(Sections 506 and 788)

INFORMATION

Canada,

Province of ................,

(territorial division).

This is the information of C.D., of ................, (occupation), hereinafter called the

informant.

The informant says that (if the informant has no personal knowledge state that he believes on reasonable grounds and state the offence).

.......

Sworn before me this .......... day of .........., A.D. .........., at ...... .

(Signature of Informant) .......

A Justice of the Peace in and for .......

Note: The date of birth of the accused may be mentioned on the information or
indictment.
FORM 3
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 184]
FORM 4
(Sections 566, 566.1, 580 and 591)
HEADING OF INDICTMENT
Canada,
Province of ................,
(territorial division).
In the (set out name of the court)
Her Majesty the Queen
against
(name of accused)
(Name of accused) stands charged

  1. That he (state offence).
  2. That he (state offence).
    Dated this ................ day of ................ A.D. ........, at ................ .

.......

(Signature of signing officer, Agent of Attorney General, etc., as the case may be)

Note: The date of birth of the accused may be mentioned on the information or
indictment.
FORM 5
(Section 487)
WARRANT TO SEARCH
Canada,
Province of ................,
(territorial division).

To the peace officers in the said (territorial division) or to the (named public officers): Whereas it appears on the oath of A.B., of ................ that there are reasonable grounds for believing that (describe things to be searched for and offence in respect of which search is to be made) are in ................ at ................, hereinafter called the premises;

This is, therefore, to authorize and require you between the hours of (as the justice may direct) to enter into the said premises and to search for the said things and to bring them before me or some other justice.

Dated this ................ day of ................ A.D. ........, at ................ .
....................................
A Justice of the Peace in
and for .........................
FORM 5.01
(Subsection 487.05(1))
INFORMATION TO OBTAIN A WARRANT TO TAKE BODILY SUBSTANCES

FOR FORENSIC DNA ANALYSIS
Canada,
Province of ................

(territorial division)

This is the information of (name of peace officer), (occupation), of ....... in the said (territorial division), hereinafter called the informant, taken before me.

The informant says that he or she has reasonable grounds to believe

(a)
that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed;
(b)
that a bodily substance has been found
(i)
at the place where the offence was committed,
(ii)
on or within the body of the victim of the offence,

(iii) on anything worn or carried by the victim at the time when the offence was committed, or

(iv)
on or within the body of any person or thing or at any place associated with the commission of the offence;
(c)
that (name of person) was a party to the offence; and
(d)
that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.

The reasonable grounds are:

The informant therefore requests that a warrant be issued authorizing the taking from
(name of person) of the number of samples of bodily substances that are reasonably
required for forensic DNA analysis, provided that the person taking the samples is able
by virtue of training or experience to take them by means of the investigative procedures
described in subsection 487.06(1) of the Criminal Code and provided that, if the person
taking the samples is not a peace officer, he or she take the samples under the direction of
a peace officer.

Sworn to before me this .......... day of .........., A.D. .........., at ...... .
.......
(Signature of informant)
.......
(Signature of provincial court judge)

FORM 5.02

(Subsection 487.05(1))

WARRANT AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR
FORENSIC DNA ANALYSIS
Canada,
Province of ................
(territorial division)
To the peace officers in (territorial division):
Whereas it appears on the oath of (name of peace officer) of ...... in the said (territorial

division), that there are reasonable grounds to believe

(a)
that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed,
(b)
that a bodily substance has been found
(i)
at the place where the offence was committed,
(ii)
on or within the body of the victim of the offence,

(iii) on anything worn or carried by the victim at the time when the offence was committed, or

(iv)
on or within the body of any person or thing or at any place associated with the commission of the offence,
(c)
that (name of person) was a party to the offence, and
(d)
that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person;

And whereas I am satisfied that it is in the best interests of the administration of justice to issue this warrant;

This is therefore to authorize and require you to take from (name of person) or cause to be taken by a person acting under your direction, the number of samples of bodily substances that are reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experience to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace officer, he or she take the samples under the direction of a peace officer. This warrant is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this ................ day of ................ A.D. ........, at ................ .

........................................

(Signature of provincial court judge)

FORM 5.03

(Subsections 487.051(1) and (2))

ORDER AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS

Canada

Province of ................

(territorial division)

To the peace officers in (territorial division):

Whereas (name of offender) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), which, on the day on which the offender was sentenced or discharged, was a primary designated offence within the meaning of section 487.04 of the Criminal Code;

Therefore, you are authorized to take or cause to be taken from (name of offender) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This order is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this ................ day of ................ ,

A.D. ........ , at ................ .

............................................

(Signature of judge of the court)

FORM 5.04

(Subsection 487.051(3))

ORDER AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS

Canada

Province of .................

(territorial division)

To the peace officers in (territorial division):

Whereas (name of offender), in this order called the “offender”,

(a)
has been found not criminally responsible on account of mental disorder for (offence), which, on the day on which the finding was made, was a primary designated offence within the meaning of section 487.04 of the Criminal Code, or
(b)
has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the offender was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):

[ (i) an offence under the Criminal Code for which the maximum punishment is ] imprisonment for five years or more and that was prosecuted by indictment,

(ii) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act [

for which the maximum punishment is imprisonment for five years or more and that

] was prosecuted by indictment,

(iii) an offence under any of sections 145 to 148, subsection 160(3), sections 170, 173, [

252, 264, 264.1, 266 and 270, paragraph 348(1)(e) and sections 349 and 423 of the

] Criminal Code,

[ (iv) an offence under section 433 or 434 of the Criminal Code as that section read from ] time to time before July 1, 1990, or [ (v) an attempt or a conspiracy to commit an offence referred to in subparagraph (i) or

] (ii) that was prosecuted by indictment (or, if applicable, an attempt or a conspiracy to commit an offence referred to in subparagraph (iii) or (iv));

Whereas I have considered the offender’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the offender was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the offender’s privacy and security of the person;

And whereas I am satisfied that it is in the best interests of the administration of justice to

make this order; Therefore, you are authorized to take or cause to be taken from (name of offender) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This order is subject to the following terms and conditions that I consider advisable to
ensure that the taking of the samples is reasonable in the circumstances:
Dated this ................ day of ................, A.D. ........ , at ................ .
........................................
(Signature of judge of the court)
FORM 5.041

(Subsections 487.051(4) and 487.055(3.11 ))
ORDER TO A PERSON TO HAVE BODILY SUBSTANCES TAKEN FOR
FORENSIC DNA ANALYSIS

Canada
Province of ................
(territorial division)
To A.B., of ................ ,
Whereas an order has been made under section 487.051, or an authorization has been

granted under section 487.055, of the Criminal Code, to take from you the number of samples of bodily substances that is reasonably required for forensic DNA analysis; This is therefore to command you, in Her Majesty’s name, to appear on ................ , the ................ day of ................ , A.D. ........ , at ............ o’clock, at ................ , for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code.

You are warned that failure to appear in accordance with this order may result in a warrant being issued for your arrest under subsection 487.0551(1) of the Criminal Code. You are also warned that failure to appear, without reasonable excuse, is an offence under subsection 487.0552(1) of that Act.

Subsection 487.0551(1) of the Criminal Code states as follows:

487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11 ) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

Subsection 487.0552(1) of the Criminal Code states as follows:

487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11 ) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

(a)
an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)
an offence punishable on summary conviction.
Dated this ................ day of ................ , A.D. ........ , at ................ .
...........................................
(Signature of judge of the court)
FORM 5.05
(Subsection 487.055(1))
APPLICATION FOR AN AUTHORIZATION TO TAKE BODILY SUBSTANCES






FOR FORENSIC DNA ANALYSIS
Canada
Province of ................

(territorial division)

I (name of peace officer), (occupation), of .......... in (territorial division), apply for an authorization to take bodily substances for forensic DNA analysis. A certificate referred to in paragraph 667(1)(a) of the Criminal Code is filed with this application.

Whereas (name of offender), before June 30, 2000,

(a)
had been declared a dangerous offender under Part XXIV of the Criminal Code,
(b)
had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,
(c)
had been convicted of murder,

(c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and is currently serving a sentence of imprisonment for that offence,

(d)
had been convicted of a sexual offence within the meaning of subsection 487.055(3) of the Criminal Code and is currently serving a sentence of imprisonment for that offence, or
(e)
had been convicted of manslaughter and is currently serving a sentence of imprisonment for that offence;

Therefore, I request that an authorization be granted under subsection 487.055(1) of the Criminal Code to take from (name of offender) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

Dated this ................ day of ................ , A.D. ...... , at ............... .

.........................................

(Signature of applicant)

FORM 5.06

(Subsection 487.055(1))

AUTHORIZATION TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS

Canada

Province of ................

(territorial division)

To the peace officers in (territorial division):

Whereas (name of peace officer), a peace officer in (territorial division), has applied for an authorization to take the number of samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code;

Whereas (name of offender), before June 30, 2000,

(a)
had been declared a dangerous offender under Part XXIV of the Criminal Code,
(b)
had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,
(c)
had been convicted of murder,

(c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, was serving a sentence of imprisonment for that offence,

(d)
had been convicted of a sexual offence within the meaning of subsection 487.055(3) of the Criminal Code and, on the date of the application, was serving a sentence of imprisonment for that offence, or
(e)
had been convicted of manslaughter and, on the date of the application, was serving a sentence of imprisonment for that offence;

And whereas I have considered the offender’s criminal record, the nature of the offence, the circumstances surrounding its commission and the impact that this authorization would have on the offender’s privacy and security of the person;

Therefore, you are authorized to take those samples or cause them to be taken from (name of offender), provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This authorization is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this ................ day of ................ , A.D., at ................ .

........................................

(Signature of provincial court judge)

FORM 5.061

(Subsections 487.055(4) and 487.091(3))

SUMMONS TO A PERSON TO HAVE BODILY SUBSTANCES TAKEN FOR FORENSIC DNA ANALYSIS

Canada

Province of ................

(territorial division)

To A.B., of ................ ,

Whereas an authorization has been granted under section 487.055 or 487.091 of the Criminal Code to take from you the number of samples of bodily substances that is reasonably required for forensic DNA analysis;

This is therefore to command you, in Her Majesty’s name, to appear on ................ , the ................ day of ................ , A.D. ........ , at ............ o’clock, at ................ , for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code. A peace officer, or a person who is acting under a peace officer’s direction, who takes the samples of bodily substances may use as much force as necessary to do so.

You are warned that failure to appear in accordance with this summons may result in a warrant being issued for your arrest under subsection 487.0551(1) of the Criminal Code. You are also warned that failure to appear, without reasonable excuse, is an offence under subsection 487.0552(1) of that Act.

Subsection 487.0551(1) of the Criminal Code states as follows:

487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11 ) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

Subsection 487.0552(1) of the Criminal Code states as follows:

487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11 ) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

(a)
an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)
an offence punishable on summary conviction.
Dated this ................ day of ................ , A.D. ........ , at ................ .
...........................................
(Signature of judge of the court)
FORM 5.062
(Subsection 487.0551(1))
WARRANT FOR ARREST
Canada
Province of ................
(territorial division)
To the peace officers in (territorial division):
This warrant is issued for the arrest of A.B., of ................, (occupation), in this warrant











called the “offender”. Whereas the offender failed to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11 ), or in a summons referred to in subsection

487.055(4) or 487.091(3), of the Criminal Code to submit to the taking of samples of bodily substances; This is, therefore, to command you, in Her Majesty’s name, to arrest the offender without

delay in order to allow the samples of bodily substances to be taken. Dated this ................ day of ................ A.D. ........, at ................ .

........................................

A Justice of the Peace in

and for .............................
FORM 5.07
(Subsection 487.057(1))
REPORT TO A PROVINCIAL COURT JUDGE OR THE COURT
Canada
Province of ................
(territorial division)
To ( []name of judge), a judge of the provincial court who issued a warrant under

section 487.05 or granted an authorization under section 487.055 or 487.091 of the Criminal Code or to another judge of that court:

To the court that made an order under section 487.051 of the [ ] Criminal Code:
I (name of peace officer), declare that (state here whether the samples were taken under a
warrant issued under section 487.05, an order made under section 487.051 or an
authorization granted under section 487.055 or 487.091 of theCriminal Code).

I have (state here whether you took the samples yourself or caused them to be taken
under your direction) from (name of offender) the number of samples of bodily
substances that I believe is reasonably required for forensic DNA analysis, in accordance
with (state whether the samples were taken under a warrant issued or an authorization
granted by the judge or another judge of the court or an order made by the court).

The samples were taken on the ... day of ..........., A.D. ......, at .......... o’clock.
I (or state the name of the person who took the samples) took the following samples from
(name of offender) in accordance with subsection 487.06(1) of the Criminal Code and
was able, by virtue of training or experience, to do so (check applicable box):

[ ] individual hairs, including the root sheath
[ ] epithelial cells taken by swabbing the lips, tongue or inside cheeks of the mouth
[ ] blood taken by pricking the skin surface with a sterile lancet

Any terms or conditions in the (warrant, order or authorization) have been complied
with.

Dated this ................ day of ................ A.D. ........, at ................ .
........................................
(Signature of peace officer)
FORM 5.08
(Subsection 487.091(1))
APPLICATION FOR AN AUTHORIZATION TO TAKE ADDITIONAL SAMPLES

OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
Canada
Province of ................
(territorial division)
I (name of peace officer), (occupation), of .......... in (territorial division), apply for an

authorization to take additional samples of bodily substances for forensic DNA analysis. Whereas samples of bodily substances were taken from (name of offender) for the purpose of forensic DNA analysis under an order made under section 487.051, or an

authorization granted under section 487.055, of the Criminal Code (attach a copy of the order or authorization); And whereas on (day/month/year) it was determined that

(a)
a DNA profile could not be derived from the samples for the following reasons:
(b)
the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

Therefore, I request that an authorization be granted under subsection 487.091(1) of the Criminal Code to take from (name of offender) the number of additional samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

Dated this .... day of ........ , A.D. ........ , at ............... .

.........................................

(Signature of applicant)
FORM 5.09
(Subsection 487.091(1))
AUTHORIZATION TO TAKE ADDITIONAL SAMPLES OF BODILY

SUBSTANCES FOR FORENSIC DNA ANALYSIS
Canada
Province of ................
(territorial division)
To the peace officers in (territorial division):
Whereas samples of bodily substances were taken from (name of offender) for the

purpose of forensic DNA analysis under an order made under section 487.051 or an authorization granted under section 487.055, of the Criminal Code; Whereas on (day/month/year) it was determined that

(a)
a DNA profile could not be derived from the samples for the following reasons:
(b)
the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

And whereas (name of peace officer), a peace officer in (territorial division), has applied for an authorization to take the number of additional samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code;

Therefore, you are authorized to take those additional samples, or cause them to be taken, from (name of offender), provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This authorization is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this ................ day of ................ , A.D. ........ , at ................ .

........................................

(Signature of provincial court judge)

FORM 5.1
(Section 487.1)
WARRANT TO SEARCH
Canada,
Province of [specify province].
To A.B. and other peace officers in the [territorial division in which the warrant is

intended for execution]: Whereas it appears on the oath of A.B., a peace officer in the [territorial division in which the warrant is intended for execution], that there are reasonable grounds for

dispensing with an information presented personally and in writing; and that there are reasonable grounds for believing that the following things [describe things to be searched for] relevant to the investigation of the following indictable offence [describe offence in respect of which search is to be made] are to be found in the following place or premises [describe place or premises to be searched]: This is, therefore, to authorize you to enter the said place or premises between the hours

of [as the justice may direct] and to search for and seize the said things and to report thereon as soon as practicable but within a period not exceeding seven days after the execution of the warrant to the clerk of the court for the [territorial division in which the warrant is intended for execution].

Issued at [time] on the [day] of [month] A.D. [year], at [place].

.......
A Judge of the Provincial Court in and for the Province of [specify province].

To the Occupant: This search warrant was issued by telephone or other means of telecommunication. If you wish to know the basis on which this warrant was issued, you may apply to the clerk of the court for the territorial division in which the warrant was executed, at [address], to obtain a copy of the information on oath.

You may obtain from the clerk of the court a copy of the report filed by the peace officer who executed this warrant. That report will indicate the things, if any, that were seized and the location where they are being held.

FORM 5.2
(Section 489.1)
REPORT TO A JUSTICE
Canada,
Province of ............,
(territorial division).
To the justice who issued a warrant to the undersigned pursuant to section 256, 487 or

487.1 of the Criminal Code (or another justice for the same territorial division or, if no warrant was issued, any justice having jurisdiction in respect of the matter).

I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued pursuant to section 256, 487 or 487.1 of theCriminal Codeor under section 489 of theCriminal Codeor otherwise in the execution of duties under theCriminal Codeor other Act of Parliament to be specified)

  1. searched the premises situated at .....................................; and
  2. seized the following things and dealt with them as follows:

Property Seized Disposition (describe each

(state, in respect of each thing seized, whether thing seized)

(a)
it was returned to the person lawfully entitled to its possession, in which case the receipt therefor shall be attached hereto, or
(b)
it is being detained to be dealt with according to law, and the location and manner in which, or where applicable, the person by whom it is being detained).
  1. ....... .......
  2. ....... .......
  3. ....... .......
  4. ....... .......

In the case of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9) of the Criminal Code shall be specified in the report.

. Dated this ........ day of ............ A.D. ........, at .............

.......

Signature of peace officer or other person

FORM 5.3

(Section 462.32)

REPORT TO A JUDGE OF PROPERTY SEIZED

Canada,

Province of ...............,

(territorial division).

To a judge of the court from which the warrant was issued (specify court):

I, (name of the peace officer or other person) have acted under a warrant issued under

section 462.32 of the Criminal Code and have

  1. searched the premises situated at ............; and
  2. seized the following property:
Property Seized Location
(describe each item of (state, in respect of each item of property seized, the
property seized) location where it is being detained).
1. ....... .......
2. ....... .......
3. ....... .......
4. ....... .......

Dated this ...... day of ............ A.D. ........, at ................. . ....... Signature of peace officer or other person FORM 6

(Sections 493, 508 and 512)
SUMMONS TO A PERSON CHARGED WITH AN OFFENCE
Canada,
Province of ................,
(territorial division).
To A.B., of ................, (occupation):
Whereas you have this day been charged before me that (set out briefly the offence in

respect of which the accused is charged);
This is therefore to command you, in Her Majesty’s name:

(a)
to attend court on ................, the ................ day of ................ A.D. ........, at ............ o’clock in the ........ noon, at ................ or before any justice for the said (territorial division) who is there, and to attend thereafter as required by the court, in order to be dealt with according to law; and
(b)
to appear on ................, the ................ day of ................ A.D. ........, at ............ o’clock in the ........ noon, at ................, for the purposes of the Identification of Criminals Act. (Ignore, if not filled in).

You are warned that failure without lawful excuse to attend court in accordance with this summons is an offence under subsection 145(4) of the Criminal Code.

Subsection 145(4) of the Criminal Code states as follows:

“(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.”
Section 510 of the Criminal Code states as follows:
510. Where an accused who is required by a summons to appear at a time and place


stated therein for the purposes of the Identification of Criminals Act does not appear at

that time and place, a justice may issue a warrant for the arrest of the accused for the

offence with which he is charged.”

Dated this ................ day of ................ A.D. ........, at ................ .

......................................

A Justice of the Peace in

and for ............ or Judge

FORM 7

(Sections 475, 493, 597, 800 and 803)

WARRANT FOR ARREST

Canada,

Province of ................,

(territorial division).

To the peace officers in the said (territorial division):
This warrant is issued for the arrest of A.B., of ................, (occupation), hereinafter called
the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which
the accused is charged);
And whereas:*

(a)
there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];
(b)
the accused failed to attend court in accordance with the summons served on him [512(2)];
(c)
(an appearance notice or a promise to appear or a recognizance entered into before an officer in charge) was confirmed and the accused failed to attend court in accordance therewith [512(2)];
(d)
it appears that a summons cannot be served because the accused is evading service [512(2)];
(e)
the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];
(f)
there are reasonable grounds to believe that the accused has contravened or is about to contravene the (promise to appear or undertaking or recognizance) on which he was released [524(1), 525(5), 679(6)];
(g)
there are reasonable grounds to believe that the accused has since his release from custody on (a promise to appear or an undertaking or a recognizance) committed an indictable offence [524(1), 525(5), 679(6)];
(h)
the accused was required by (an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or a summons) to attend at a time and place stated therein for the purposes of the Identification of Criminals Act and did not appear at that time and place [502, 510];
(i)
an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for his trial [597];
(j)
**

This is, therefore, to command you, in Her Majesty’s name, forthwith to arrest the said accused and to bring him before (state court, judge or justice), to be dealt with according to law.

(Add where applicable) Whereas there are reasonable grounds to believe that the accused is or will be present in (here describe dwelling-house);

This warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

Dated this ................ day of ................ A.D. ........, at ................ .

........................................

Judge, Clerk of the Court,

Provincial Court Judge or Justice

*Initial applicable recital.

**For any case not covered by recitals (a) to (i), insert recital in the words of the statute authorizing the warrant.

FORM 7.1

(Section 529.1)
WARRANT TO ENTER DWELLING-HOUSE
Canada,
Province of ................,
(territorial division).
To the peace officers in the said (territorial division):
This warrant is issued in respect of the arrest of A.B., or a person with the following

description ( ), of ..............., (occupation).
Whereas there are reasonable grounds to believe:*

(a)
a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;
(b)
grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91 of the Criminal Code; or
(c)
grounds exist to arrest or apprehend without warrant the person under an Act of

Parliament, other than this Act;
And whereas there are reasonable grounds to believe that the person is or will be present
in (here describe dwelling-house);

This warrant is issued to authorize you to enter the dwelling-house for the purpose of
arresting or apprehending the person.
Dated this ................ day of ................ A.D. ........, at ................ .
........................................
Judge, Clerk of the Court,
Provincial Court Judge or Justice
*Initial applicable recital.
FORM 8

(Sections 493 and 515)

WARRANT FOR COMMITTAL

Canada,

Province of ................,

(territorial division).

To the peace officers in the said (territorial division) and to the keeper of the (prison) at ................:

This warrant is issued for the committal of A.B., of ................, (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused is charged);

And whereas:*

(a)
the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)];
(b)
an order has been made that the accused be released on (giving an undertaking or entering into a recognizance) but the accused has not yet complied with the order [519(1), 520(9), 521(10), 524(12), 525(8)];**
(c)
the application by the prosecutor for a review of the order of a justice in respect of the interim release of the accused has been allowed and that order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521];
(d)
the accused has contravened or was about to contravene his (promise to appear or undertaking or recognizance) and the same was cancelled, and the detention of the accused in custody is justified or seems proper in the circumstances [524(4), 524(8)];
(e)
there are reasonable grounds to believe that the accused has after his release from custody on (a promise to appear or an undertaking or a recognizance) committed an indictable offence and the detention of the accused in custody is justified or seems proper in the circumstances [524(4), 524(8)];
(f)
the accused has contravened or was about to contravene the (undertaking or recognizance) on which he was released and the detention of the accused in custody seems proper in the circumstances [525(7), 679(6)];
(g)
there are reasonable grounds to believe that the accused has after his release from custody on (an undertaking or a recognizance) committed an indictable offence and the detention of the accused in custody seems proper in the circumstances [525(7), 679(6)];
(h)
***
This is, therefore, to command you, in Her Majesty’s name, to arrest, if necessary, and

take the accused and convey him safely to the (prison) at ................, and there deliver him to the keeper thereof, with the following precept: I do hereby command you the said keeper to receive the accused in your custody in the

said prison and keep him safely there until he is delivered by due course of law.
Dated this ................ day of ................ A.D. ........, at ................ .
...............................................................
Judge, Clerk of the Court, Provincial Court
Judge or Justice
*Initial applicable recital.
**If the person having custody of the accused is authorized under paragraph 519(1)(b) to

release him on his complying with an order, endorse the authorization on this warrant

and attach a copy of the order.
***For any case not covered by recitals (a) to (g), insert recital in the words of the
statute authorizing the warrant.

FORM 9
(Section 493)
APPEARANCE NOTICE ISSUED BY A PEACE OFFICER TO A PERSON NOT YET

CHARGED WITH AN OFFENCE
Canada, Province of ...................., (territorial division).
To A.B., of ................, (occupation):
You are alleged to have committed (set out substance of offence).

    1. You are required to attend court on ....... day, the ....... day of ................ A.D. ......., at
      ............ o’clock in the ........ noon, in courtroom No. ........, at ................ court, in the

    2. municipality of ................, and to attend thereafter as required by the court, in order to be dealt with according to law.
  1. You are also required to appear on ....... day, the ....... day of ................ A.D. ......., at ............ o’clock in the ........ noon, at .......................... (police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)

You are warned that failure to attend court in accordance with this appearance notice is an offence under subsection 145(5) of the Criminal Code.

Subsections 145(5) and (6) of the Criminal Code state as follows:

“(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 liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction.
(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.”

Section 502 of the Criminal Code states as follows:

502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.”

Issued at ........ a.m./p.m. this ................ day of ....... A.D. ........, at ................. .

................................................

(Signature of peace officer)

................................................

(Signature of accused)
FORM 10
(Section 493)
PROMISE TO APPEAR
Canada, Province of ...................., (territorial division).
I, A.B., of ................, (occupation), understand that it is alleged that I have committed

(set out substance of offence).
In order that I may be released from custody,

  1. I promise to attend court on .......... day, the .......... day of ................ A.D. ........, at ............ o’clock in the ........ noon, in courtroom No. ........, at ............ court, in the municipality of ................, and to attend thereafter as required by the court, in order to be dealt with according to law.
  2. I also promise to appear on ............ day, the .......... day of ................ A.D. ........, at ............. o’clock in the ........ noon, at ................... (police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)

I understand that failure without lawful excuse to attend court in accordance with this promise to appear is an offence under subsection 145(5) of the Criminal Code.

Subsections 145(5) and (6) of the Criminal Code state as follows:

“(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 liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction.
(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.”

Section 502 of the Criminal Code states as follows: 502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.”

Dated this ............. day of ................ A.D. ........, at ................. .

...........................................

(Signature of accused)

FORM 11

(Section 493)

RECOGNIZANCE ENTERED INTO BEFORE AN OFFICER IN CHARGE OR OTHER PEACE OFFICER

Canada, Province of ...................., (territorial division).

I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of offence).

In order that I may be released from custody, I hereby acknowledge that I owe $ (not exceeding $500) to Her Majesty the Queen to be levied on my real and personal property if I fail to attend court as hereinafter required.

(or, for a person not ordinarily resident in the province in which the person is in custody or within two hundred kilometres of the place in which the person is in custody)

In order that I may be released from custody, I hereby acknowledge that I owe $ (not exceeding $500) to Her Majesty the Queen and deposit herewith (money or other valuable security not exceeding in amount or value $500) to be forfeited if I fail to attend court as hereinafter required.

1. I acknowledge that I am required to attend court on .......... day, the .......... day of ..........

A.D. ........, at .......... o’clock in the ............. noon, in courtroom No. ............., at ................ court, in the municipality of ................, and to attend thereafter as required by the court, in order to be dealt with according to law.

2. I acknowledge that I am also required to appear on ........... day, the ................ day of ................ A.D. ........., at ............ o’clock in the ........ noon, at .................. (police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)

I understand that failure without lawful excuse to attend court in accordance with this recognizance to appear is an offence under subsection 145(5) of the Criminal Code.

Subsections 145(5) and (6) of the Criminal Code state as follows:

“(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 liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction.
(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.”

Section 502 of the Criminal Code states as follows:

502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.”

Dated this ............... day of ................ A.D. ........, at ................ .

.......................................

(Signature of accused)

FORM 11.1

(Sections 493, 499 and 503)

UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE

Canada, Province of ...................., (territorial division).

I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of the offence).

In order that I may be released from custody by way of (a promise to appear or a recognizance), I undertake to (insert any conditions that are directed):

(a)
remain within (designated territorial jurisdiction);
(b)
notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
(c)
abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) or from going to (name or description of place) except in accordance with the following conditions: (as the peace officer or other person designated specifies);
(d)
deposit my passport with (name of peace officer or other person designated);
(e)
to abstain from possessing a firearm and to surrender to (name of peace officer or other person designated) any firearm in my possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm;
(f)
report at (state times) to (name of peace officer or other person designated);
(g)
to abstain from
(i)
the consumption of alcohol or other intoxicating substances, or
(ii)
the consumption of drugs except in accordance with a medical prescription; and
(h)
comply with any other conditions that the peace officer or officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.

I understand that I am not required to give an undertaking to abide by the conditions specified above, but that if I do not, I may be kept in custody and brought before a justice so that the prosecutor may be given a reasonable opportunity to show cause why I should not be released on giving an undertaking without conditions.

I understand that if I give an undertaking to abide by the conditions specified above, then I may apply, at any time before I appear, or when I appear, before a justice pursuant to (a promise to appear or a recognizance entered into before an officer in charge or another peace officer), to have this undertaking vacated or varied and that my application will be considered as if I were before a justice pursuant to section 515 of the Criminal Code.

I also understand that this undertaking remains in effect until it is vacated or varied.

I also understand that failure without lawful excuse to abide by any of the conditions specified above is an offence under subsection 145(5.1) of the Criminal Code.

Subsection 145(5.1) of the Criminal Code states as follows:

“(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.”
Dated this .............. day of ................ A.D. ........, at ................ .
......................................
(Signature of accused)
FORM 12
(Sections 493 and 679)
UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE
Canada,
Province of ....................,
(territorial division).
I, A.B., of ................, (occupation), understand that I have been charged that (set out










briefly the offence in respect of which accused is charged). In order that I may be released from custody, I undertake to attend court on ........... day, the ................ day of ................ A.D. ........, and to attend after that as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time undertaking is given, to attend at the time and

place fixed by the court and after that as required by the court in order to be dealt with
according to law).
(and, where applicable)
I also undertake to (insert any conditions that are directed)

(a)
report at (state times) to (name of peace officer or other person designated);
(b)
remain within (designated territorial jurisdiction);
(c)
notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
(d)
abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);
(e)
deposit my passport (as the justice or judge directs); and
(f)
(any other reasonable conditions).

I understand that failure without lawful excuse to attend court in accordance with this undertaking is an offence under subsection 145(2) of the Criminal Code.

Subsections 145(2) and (3) of the Criminal Code state as follows:

“(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.
(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, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is 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.”

Dated this ................ day of ................ A.D. ........, at ................ .

......................................
(Signature of accused)
FORM 13
(Sections 816, 832 and 834)
UNDERTAKING BY APPELLANT (DEFENDANT)
Canada,
Province of ................,
(territorial division).
I, A.B., of ................, (occupation), being the appellant against conviction (or against

sentence or against an order or by way of stated case) in respect of the following matter

(set out the offence, subject-matter of order or question of law) undertake to appear

personally at the sittings of the appeal court at which the appeal is to be heard.

(and where applicable)
I also undertake to (insert any conditions that are directed)

(a)
report at (state times) to (name of peace officer or other person designated);
(b)
remain within (designated territorial jurisdiction);
(c)
notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
(d)
abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);
(e)
deposit my passport (as the justice or judge directs); and
(f)
(any other reasonable conditions).
Dated this ................ day of ................ A.D. ........, at ................ .
.......................................


(Signature of appellant)

FORM 14
(Section 817)
UNDERTAKING BY APPELLANT (PROSECUTOR)
Canada,
Province of ................,
(territorial division).
I, A.B., of ................, (occupation), being the appellant against an order of dismissal (or

against sentence) in respect of the following charge (set out the name of the defendant

and the offence, subject-matter of order or question of law) undertake to appear

personally or by counsel at the sittings of the appeal court at which the appeal is to be

heard.

Dated this ................ day of ................ A.D. ........, at ................ .

.......

(Signature of appellant)

FORM 15
(Section 543)
WARRANT TO CONVEY ACCUSED BEFORE JUSTICE OF ANOTHER

TERRITORIAL DIVISION
Canada,
Province of ................,
(territorial division).
To the peace officers in the said (territorial division):
Whereas A.B., of ................ hereinafter called the accused, has been charged that (state

place of offence and charge);
And Whereas I have taken the deposition of X.Y. in respect of the said charge;
And Whereas the charge is for an offence committed in the (territorial division);

This is to command you, in Her Majesty’s name, to convey the said A.B., before a justice of the (last mentioned territorial division).

Dated this ................ day of ................ A.D. ........, at ................ .

.......
A Justice of the Peace in and for .................................

FORM 16
(Section 699)
SUBPOENA TO A WITNESS
Canada,
Province of ................,
(territorial division).
To E.F., of ................, (occupation);
Whereas A.B. has been charged that (state offence as in the information), and it has been

made to appear that you are likely to give material evidence for (the prosecution or the

defence);
This is therefore to command you to attend before (set out court or justice), on ................
the ................ day of ................ A.D. ......., at ............ o’clock in the ........ noon at
................ to give evidence concerning the said charge.*

*Where a witness is required to produce anything, add the following:
and to bring with you anything in your possession or under your control that relates to the

said charge, and more particularly the following: (specify any documents, objects or other
things required).
Dated this ................ day of ................ A.D. ........, at ................ .
........................................
A Judge, Justice or Clerk of
the court
(Seal, if required)

FORM 16.1

(Subsections 278.3(5) and 699(7))

SUBPOENA TO A WITNESS IN THE CASE OF PROCEEDINGS IN RESPECT OF AN OFFENCE REFERRED TO IN SUBSECTION 278.2(1) OF THE CRIMINAL CODE

Canada,

Province of ................,

(territorial division).

To E.F., of ................, (occupation);

Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);

This is therefore to command you to attend before (set out court or justice), on ................ the ................ day of ................ A.D. ......., at ............ o’clock in the ........ noon at ................ to give evidence concerning the said charge, and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).

TAKE NOTE

You are only required to bring the things specified above to the court on the date and at the time indicated, and you are not required to provide the things specified to any person or to discuss their contents with any person unless and until ordered by the court to do so.

If anything specified above is a “record” as defined in section 278.1 of the Criminal Code, it may be subject to a determination by the court in accordance with sections 278.1 to 278.91 of the Criminal Code as to whether and to what extent it should be produced.

If anything specified above is a “record” as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, this subpoena must be accompanied by a copy of an application for the production of the record made pursuant to section 278.3 of the Criminal Code, and you will have an opportunity to make submissions to the court concerning the production of the record.

If anything specified above is a “record” as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced.

As defined in section 278.1 of the Criminal Code, “record” means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.

Dated this ..................... day of ..................... A.D. ........, at ................ .
........................................
Judge,
Clerk of the Court,
Provincial Court Judge or Justice
(Seal, if required)
FORM 17
(Sections 698 and 705)
WARRANT FOR WITNESS
Canada,
Province of ................,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B. of ................, has been charged that (state offence as in the information);
And Whereas it has been made to appear that E.F. of ................, hereinafter called the

witness, is likely to give material evidence for (the prosecution or the defence) and that*
*Insert whichever of the following is appropriate:

(a)
the said E.F. will not attend unless compelled to do so;
(b)
the said E.F. is evading service of a subpoena;
(c)
the said E.F. was duly served with a subpoena and has neglected (to attend at the time and place appointed therein or to remain in attendance);
(d)
the said E.F. was bound by a recognizance to attend and give evidence and has

neglected (to attend or to remain in attendance).
This is therefore to command you, in Her Majesty’s name, to arrest and bring the witness
forthwith before (set out court or justice) to be dealt with in accordance with section 706
of the Criminal Code.

Dated this ................ day of ................ A.D. ........, at ................ .

....................................

A Justice or Clerk of

the Court

(Seal, if required)

FORM 18

(Section 704)

WARRANT TO ARREST AN ABSCONDING WITNESS

Canada,

Province of ................,

(territorial division).

To the peace officers in the (territorial division):

Whereas A.B., of ................, has been charged that (state offence as in the information);

And Whereas I am satisfied by information in writing and under oath that C.D., of

................, hereinafter called the witness, is bound by recognizance to give evidence on

the trial of the accused on the said charge, and that the witness (has absconded or is about

to abscond);

This is therefore to command you, in Her Majesty’s name, to arrest the witness and bring him forthwith before (the court, judge, justice or provincial court judge before whom the witness is bound to appear) to be dealt with in accordance with section 706 of the Criminal Code.

Dated this ................ day of ................ A.D. ........, at ................ .

..........................................
A Justice of the Peace in
and for...............................
FORM 19
(Sections 516 and 537)
WARRANT REMANDING A PRISONER
Canada,
Province of ................,
(territorial division).
To the peace officers in the (territorial division):
You are hereby commanded forthwith to arrest, if necessary, and convey to the (prison)

at ................ the persons named in the following schedule each of whom has been remanded to the time mentioned in the schedule:

Person charged Offence Remanded to

And I hereby command you, the keeper of the said prison, to receive each of the said persons into your custody in the prison and keep him safely until the day when his remand expires and then to have him before me or any other justice at ................. at ............ o’clock in the ........ noon of the said day, there to answer to the charge and to be dealt with according to law, unless you are otherwise ordered before that time.

Dated this ................ day of ................ A.D. ........, at ................ .

.......
A Justice of the Peace in and for...............................

FORM 20 (Section 545)

WARRANT OF COMMITTAL OF WITNESS FOR REFUSING TO BE SWORN OR TO GIVE EVIDENCE

Canada,

Province of ................,

(territorial division).

To the peace officers in the (territorial division):

Whereas A.B. of ................, hereinafter called the accused, has been charged that (set out offence as in the information);

And Whereas E.F. of ................, hereinafter called the witness, attending before me to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to him or refused or neglected to produce the following writings, namely ................ or refused to sign his deposition) having been ordered to do so, without offering any just excuse for such refusal or neglect;

This is therefore to command you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey him safely to the prison at ................, and there deliver him to the keeper thereof, together with the following precept:

I do hereby command you, the said keeper, to receive the said witness into your custody in the said prison and safely keep him there for the term of ................ days, unless he sooner consents to do what was required of him, and for so doing this is a sufficient warrant.

Dated this ................ day of ................ A.D. ........, at ................ .

.......
A Justice of the Peace in and for...............................

FORM 21
(Sections 570 and 806)
WARRANT OF COMMITTAL ON CONVICTION
Canada,
Province of ............,
(territorial division).

To the peace officers in (territorial division) and to the keeper of (prison) at ............:

Whereas (name), in this Form called the offender, was, on the ........ day of ............ 20........, convicted by (name of judge and court) of having committed the following offence(s) and it was adjudged that the offender be sentenced as follows:

Offence Sentence Remarks

(state offence of which offender was convicted) (state term of imprisonment for the offence and, in case of imprisonment for default of payment of fine, so indicate together with the amount of it and applicable costs and whether payable immediately or within a time fixed) (state the amount of time spent in custody before sentencing, the term of imprisonment that would have been imposed before any credit was granted under subsection 719(3) or (3.1), the amount of time credited, if any, and whether the sentence is consecutive or concurrent, and specify consecutive to or concurrent with what other sentence)

  1. ....... ....... .......
  2. ....... ....... .......
  3. ....... ....... .......
  4. ....... ....... .......

You are hereby commanded, in Her Majesty’s name, to arrest the offender if it is necessary to do so in order to take the offender into custody, and to take and convey him or her safely to (prison) at ............ and deliver him or her to its keeper, who is hereby commanded to receive the accused into custody and to imprison him or her there for the term(s) of his or her imprisonment, unless, if a term of imprisonment was imposed only in default of payment of a fine or costs, those amounts and the costs and charges of the committal and of conveying the offender to that prison are paid sooner, and this is a sufficient warrant for so doing.

Dated this ........ day of ............ 20........, at .............

..........................................................

Clerk of the Court, Justice, Judge or Provincial Court Judge

FORM 22

(Section 806)

WARRANT OF COMMITTAL ON AN ORDER FOR THE PAYMENT OF MONEY

Canada,

Province of ................,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at ....................:

Whereas A.B., hereinafter called the defendant, was tried on an information alleging that (set out matter of complaint), and it was ordered that (set out the order made), and in default that the defendant be imprisoned in the (prison) at ................ for a term of ....................;

I hereby command you, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey him safely to the (prison) at ................, and deliver him to the keeper thereof, together with the following precept:

I hereby command you, the keeper of the said prison, to receive the defendant into your custody in the said prison and imprison him there for the term of ................, unless the said amounts and the costs and charges of the committal and of conveying the defendant to the said prison are sooner paid, and for so doing this is a sufficient warrant.

Dated this ................ day of ................ A.D. ........, at ................ .

.......

A Justice of the Peace in and for...............................

FORM 23

(Sections 810 and 810.1)

WARRANT OF COMMITTAL FOR FAILURE TO FURNISH RECOGNIZANCE TO KEEP THE PEACE

Canada,

Province of ................,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at ....................:

Whereas A.B., hereinafter called the accused, has been ordered to enter into a recognizance to keep the peace and be of good behaviour, and has (refused or failed) to enter into a recognizance accordingly; You are hereby commanded, in Her Majesty’s name, to arrest, if necessary, and take the accused and convey him safely to the (prison) at ................ and deliver him to the keeper thereof, together with the following precept:

You, the said keeper, are hereby commanded to receive the accused into your custody in the said prison and imprison him there until he enters into a recognizance as aforesaid or until he is discharged in due course of law.

Dated this ................ day of ................ A.D. ........, at ................ .

.......

Clerk of the Court, Justice or Provincial Court Judge

(Seal, if required)

FORM 24

(Section 550)

WARRANT OF COMMITTAL OF WITNESS FOR FAILURE TO ENTER INTO RECOGNIZANCE

Canada,

Province of ................,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at ....................:

Whereas A.B., hereinafter called the accused, was committed for trial on a charge that (state offence as in the information);

And Whereas E.F., hereinafter called the witness, having appeared as a witness on the preliminary inquiry into the said charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the said charge, has (failed or refused) to do so;

This is therefore to command you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the said witness to the (prison) at ................ and there deliver him to the keeper thereof, together with the following precept:

I do hereby command you, the said keeper, to receive the witness into your custody in the said prison and keep him there safely until the trial of the accused on the said charge, unless before that time the witness enters into the said recognizance.

Dated this ................ day of ................ A.D. ........, at ................ .

.......................................
A Justice of the Peace in
and for...............................
FORM 25
(Section 708)
WARRANT OF COMMITTAL FOR CONTEMPT
Canada,
Province of ................,
(territorial division).
To the peace officers in the said (territorial division) and to the keeper of the (prison) at

....................:
Whereas E.F. of ................, hereinafter called the defaulter, was on the ................ day of
................ A.D. ........, at ................., convicted before ................ for contempt in that he
did not attend before ................ to give evidence on the trial of a charge that (state offence
as in the information) against A.B. of ................, although (duly subpoenaed or bound by

recognizance to appear and give evidence in that behalf, as the case may be) and did not show any sufficient excuse for his default; And Whereas in and by the said conviction it was adjudged that the defaulter (set out

punishment adjudged);

And Whereas the defaulter has not paid the amounts adjudged to be paid; (delete if not applicable) This is therefore to command you, in Her Majesty’s name, to arrest, if necessary, and

take the defaulter and convey him safely to the prison at ................ and there deliver him

to the keeper thereof, together with the following precept:
I do hereby command you, the said keeper, to receive the defaulter into your custody in
the said prison and imprison him there* and for so doing this is a sufficient warrant.

*Insert whichever of the following is applicable:

(a)
for the term of ................;
(b)
for the term of ................ unless the said sums and the costs and charges of the committal and of conveying the defaulter to the said prison are sooner paid;
(c)
for the term of ................ and for the term of (if consecutive so state) unless the said sums and the costs and charges of the committal and of conveying the defaulter to the said prison are sooner paid.

Dated this ................ day of ............... A.D. ........, at ................ .
..........................................
A Justice or Clerk of
the Court
(Seal, if required)
FORM 26
(Section 827)
WARRANT OF COMMITTAL IN DEFAULT OF PAYMENT OF COSTS OF AN

APPEAL
Canada,
Province of ................,
(territorial division).
To the peace officers of (territorial division) and to the keeper of the (prison) at

....................:
Whereas it appears that on the hearing of an appeal before the (set out court) it was

adjudged that A.B., of ................, hereinafter called the defaulter, should pay to the Clerk of the Court the sum of ................ dollars in respect of costs; And Whereas the Clerk of the Court has certified that the defaulter has not paid the sum

within the time limited therefor;
I do hereby command you, the said peace officers, in Her Majesty’s name, to take the

defaulter and safely convey him to the (prison) at ................ and deliver him to the keeper thereof, together with the following precept: I do hereby command you, the said keeper, to receive the defaulter into your custody in

the said prison and imprison him for the term of ................, unless the said sum and the

costs and charges of the committal and of conveying the defaulter to the said prison are sooner paid, and for so doing this is a sufficient warrant.

Dated this ................ day of ................ A.D. ........, at ................ .

.......
A Justice of the Peace in and for...............................

FORM 27
(Section 773)
WARRANT OF COMMITTAL ON FORFEITURE OF A RECOGNIZANCE
Canada,
Province of ................,
(territorial division).
To the sheriff of (territorial division) and to the keeper of the (prison) at ................:
You are hereby commanded to arrest, if necessary, and take (A.B. and C.D. as the case

may be) hereinafter called the defaulters, and to convey them safely to the (prison) at

................ and deliver them to the keeper thereof, together with the following precept:
You, the said keeper, are hereby commanded to receive the defaulters into your custody
in the said prison and imprison them for a period of ................ or until satisfaction is
made of a judgment debt of ............ dollars due to Her Majesty the Queen in respect of
the forfeiture of a recognizance entered into by ................ on the ................ day of
................ A.D. ........ .

Dated this ................ day of ................ A.D. ........ .

.......
Clerk of the ..........

(Seal)
FORM 28
(Sections 487 and 528)
ENDORSEMENT OF WARRANT

Canada,

Province of ............,
(territorial division).
Pursuant to application this day made to me, I hereby authorize the arrest of the accused

(or defendant) (or execution of this warrant in the case of a warrant issued pursuant to
section 487), within the said (territorial division).
Dated this ........ day of ............ A.D. ........, at .............

.......

A Justice of the Peace in and for...............

FORM 28.1

[Repealed, 2007, c. 22, s. 26]

FORM 29

(Section 507)

ENDORSEMENT OF WARRANT

Canada,

Province of ................,

(territorial division).

Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in

respect of an offence other than an offence mentioned in section 522 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act. Dated this ................ day of ................ A.D. ........, at ................ .

.......

A Justice of the Peace in and for ..............................

FORM 30 (Section 537)

ORDER FOR ACCUSED TO BE BROUGHT BEFORE JUSTICE PRIOR TO EXPIRATION OF PERIOD OF REMAND

Canada,

Province of ................,

(territorial division).

To the keeper of the (prison) at ................:

Whereas by warrant dated the ................ day of ................ A.D. ........, I committed A.B., hereinafter called the accused, to your custody and required you safely to keep until the ................ day of ................ A.D. ........, and then to have him before me or any other justice at ................ at ............ o’clock in the ........ noon to answer to the charge against him and to be dealt with according to law unless you should be ordered otherwise before that time;

Now, therefore, I order and direct you to have the accused before ................ at ................ at ............ o’clock in the ........ noon to answer to the charge against him and to be dealt with according to law.

Dated this ................ day of ................ A.D. ........, at ................ .

.......
A Justice of the Peace in and for...............................

FORM 31
(Section 540)
DEPOSITION OF A WITNESS
Canada,
Province of ................,
(territorial division).
These are the depositions of X.Y., of ................, and M.N., of ................, taken before

me, this .................... day of ................ A.D., ........ at ................, in the presence and hearing of A.B., hereinafter called the accused, who stands charged (state offence as in the information).

X.Y., having been duly sworn, deposes as follows: (insert deposition as nearly as possible in words of witness).

M.N., having been duly sworn, deposes as follows:

I certify that the depositions of X.Y., and M.N., written on the several sheets of paper hereto annexed to which my signature is affixed, were taken in the presence and hearing of the accused (and signed by them respectively, in his presence where they are required to be signed by witness). In witness whereof I have hereto signed my name.

.......

A Justice of the Peace in and for...............................

FORM 32

(Sections 493, 550, 679, 706, 707, 810, 810.1 and 817)

RECOGNIZANCE

Canada,

Province of ................,

(territorial division).

Be it remembered that on this day the persons named in the following schedule personally came before me and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely,

Name Address Occupation Amount

A.B.

C.D.

E.F.

to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Her Majesty the Queen, if the said A.B. fails in any of the conditions hereunder written.

Taken and acknowledged before me on the ................ day of ................ A.D. ........, at
................ .

.......
Judge, Clerk of the Court, Provincial Court Judge or Justice

1. Whereas the said ................, hereinafter called the accused, has been charged that (set out the offence in respect of which the accused has been charged);

Now, therefore, the condition of this recognizance is that if the accused attends court on .............. day, the .................. day of ........................ A.D. ...................., at ......................... o’clock in the ................... noon and attends thereafter as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time recognizance is entered into if the accused attends at the time and place fixed by the court and attends thereafter as required by the court in order to be dealt with according to law) [515, 520, 521, 522, 523, 524, 525, 680];

And further, if the accused (insert in Schedule of Conditions any additional conditions that are directed),

the said recognizance is void, otherwise it stands in full force and effect.

2. Whereas the said ................, hereinafter called the appellant, is an appellant against his conviction (or against his sentence) in respect of the following charge (set out the offence for which the appellant was convicted) [679, 680];

Now, therefore, the condition of this recognizance is that if the appellant attends as required by the court in order to be dealt with according to law;

And further, if the appellant (insert in Schedule of Conditions any additional conditions that are directed),

the said recognizance is void, otherwise it stands in full force and effect.

3. Whereas the said ................, hereinafter called the appellant, is an appellant against his conviction (or against his sentence or against an order or by way of stated case) in respect of the following matter (set out offence, subject-matter of order or question of law) [816, 831, 832, 834];

Now, therefore, the condition of this recognizance is that if the appellant appears personally at the sittings of the appeal court at which the appeal is to be heard;

And further, if the appellant (insert in Schedule of Conditions any additional conditions that are directed),

the said recognizance is void, otherwise it stands in full force and effect.

    1. Whereas the said ................, hereinafter called the appellant, is an appellant against an order of dismissal (or against sentence) in respect of the following charge (set out the name of the defendant and the offence, subject-matter of order or question of law) [817, 831, 832, 834];
    2. Now, therefore, the condition of this recognizance is that if the appellant appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard the said recognizance is void, otherwise it stands in full force and effect.
  1. Whereas the said ................, hereinafter called the accused, was ordered to stand trial on a charge that (set out the offence in respect of which the accused has been charged);

And whereas A.B. appeared as a witness on the preliminary inquiry into the said charge [550, 706, 707];

Now, therefore, the condition of this recognizance is that if the said A.B. appears at the time and place fixed for the trial of the accused to give evidence on the indictment that is found against the accused, the said recognizance is void, otherwise it stands in full force and effect.

  1. The condition of the above written recognizance is that if A.B. keeps the peace and is of good behaviour for the term of ...... commencing on ......, the said recognizance is void, otherwise it stands in full force and effect [810 and 810.1].
  2. Whereas a warrant was issued under section 462.32 or a restraint order was made under subsection 462.33(3) of the Criminal Code in relation to any property (set out a description of the property and its location);

Now, therefore, the condition of this recognizance is that A.B. shall not do or cause anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or

462.38 of the Criminal Code or any other provision of the Criminal Code or any other Act of Parliament [462.34].

Schedule of Conditions

(a)
reports at (state times) to (name of peace officer or other person designated);
(b)
remains within (designated territorial jurisdiction);
(c)
notifies (name of peace officer or other person designated) of any change in his address, employment or occupation;
(d)
abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);
(e)
deposits his passport (as the justice or judge directs); and
(f)
(any other reasonable conditions).

Note: Section 763 and subsections 764(1) to (3) of the Criminal Code state as follows:

763. Where a person is bound by recognizance to appear before a court, justice or provincial court judge for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and his sureties continue to be bound by the recognizance in like manner as if it had been entered into with relation to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

764. (1) Where an accused is bound by recognizance to appear for trial, his arraignment or conviction does not discharge the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be.

(2)
Notwithstanding subsection (1), the court, justice or provincial court judge may commit an accused to prison or may require him to furnish new or additional sureties for his appearance until he is discharged or sentenced, as the case may be.
(3)
The sureties of an accused who is bound by recognizance to appear for trial are discharged if he is committed to prison pursuant to subsection (2).”

FORM 33

(Section 770)

CERTIFICATE OF DEFAULT TO BE ENDORSED ON RECOGNIZANCE

I hereby certify that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that by reason thereof the ends of justice have been (defeated or delayed, as the case may be).

The nature of the default is ................................ and the reason for the default is ............. (state reason if known).

The names and addresses of the principal and sureties are as follows:

Dated this ................ day of ................ A.D. ........, at ................ .

.......

(Signature of justice, judge, provincial court judge, clerk of the court,

peace officer or other person, as the case may be) (Seal, if required)

FORM 34 (Section 771)

WRIT OF FIERI FACIAS
Elizabeth II by the Grace of God, etc.
To the sheriff of (territorial division), GREETING.
You are hereby commanded to levy of the goods and chattels, lands and tenements of

each of the following persons the amount set opposite the name of each:

Name Address Occupation Amount

And you are further commanded to make a return of what you have done in execution of this writ.

Dated this ................ day of ................ A.D. ........, at ................ .

.......

Clerk of the ..........

(Seal)

FORM 35

(Sections 570 and 806)

CONVICTION

Canada,

Province of ................,

(territorial division).

Be it remembered that on the ................ day of ................ at ................, A.B., (date of

birth) hereinafter called the accused, was tried under Part (XIX or XXVII) of the

Criminal Code on the charge that (state fully the offence of which accused was

convicted), was convicted of the said offence and the following punishment was imposed

on him, namely,*

*Use whichever of the following forms of sentence is applicable:

(a)
that the said accused be imprisoned in the (prison) at ................ for the term of
................;

(b)
that the said accused forfeit and pay the sum of ............ dollars to be applied according to law and also pay to ................ the sum of ............ dollars in respect of costs and in default of payment of the said sums forthwith (or within a time fixed, if any), to be imprisoned in the (prison) at ................ for the term of ................ unless the said sums and the costs and charges of the committal and of conveying the accused to the said prison are sooner paid;
(c)
that the said accused be imprisoned in the (prison) at ................ for the term of .................... and in addition forfeit and pay the sum of ............ dollars to be applied according to law and also pay to ................ the sum of ........... dollars in respect of costs and in default of payment of the said sums forthwith (or within a time fixed, if any), to be imprisoned in the (prison) at ................ for the term of ................ (if sentence to be consecutive, state accordingly) unless the said sums and the costs and charges of the committal and of conveying the accused to the said prison are sooner paid.

Dated this ................ day of ................ A.D. ........, at ................ .
..........................................
Clerk of the Court, Justice
or Provincial Court Judge
(Seal, if required)
FORM 36
(Sections 570 and 806)
ORDER AGAINST AN OFFENDER
Canada,
Province of ............,
(territorial division).
Be it remembered that on the ........ day of ............ A.D. ........, at ............, A.B., (date of

birth) of ............, was tried on an information (indictment) alleging that (set out matter of complaint or alleged offence), and it was ordered and adjudged that (set out the order made).

Dated this ........ day of ............ A.D. ........, at .............

.......
Justice or Clerk of the Court

FORM 37
(Section 570)
ORDER ACQUITTING ACCUSED
Canada,
Province of ................,
(territorial division).
Be it remembered that on the ................ day of ................ A.D. ........, at ................ A.B.,

of ................, (occupation), (date of birth) was tried on the charge that (state fully the offence of which accused was acquitted) and was found not guilty of the said offence. Dated this ................ day of ................ A.D. ........, at ................ .

.......
Provincial Court Judge or Clerk of the Court

(Seal, if required)
FORM 38
(Section 708)
CONVICTION FOR CONTEMPT
Canada,
Province of ................,
(territorial division).
Be it remembered that on the ................ day of ................ A.D. ........, at ................ in the

(territorial division), E.F. of ................, hereinafter called the defaulter, is convicted by me for contempt in that he did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown before me any sufficient excuse for his default;

Wherefore I adjudge the defaulter for his said default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code ).

Dated this ................ day of ................ A.D. ........, at ................ .

.......
A Justice or Clerk of the Court

(Seal, if required)
FORM 39
(Sections 519 and 550)
ORDER FOR DISCHARGE OF A PERSON IN CUSTODY
Canada,
Province of ................,
(territorial division).
To the keeper of the (prison) at ................:
I hereby direct you to release E.F., detained by you under a (warrant of committal or

order) dated the ................ day of ................ A.D. ........, if the said E.F. is detained by you for no other cause.

.......
A Judge, Justice or Clerk of the Court

(Seal, if required)
FORM 40
(Section 629)
CHALLENGE TO ARRAY
Canada,
Province of ................,
(territorial division).

The Queen

v.

C.D.

The (prosecutor or accused) challenges the array of the panel on the ground that X.Y., (sheriff or deputy sheriff), who returned the panel, was guilty of (partiality or fraud or wilful misconduct) on returning it.

Dated this ................ day of ................ A.D. ........, at ................ .

.......
Counsel for (prosecutor or accused)

FORM 41
(Section 639)
CHALLENGE FOR CAUSE
Canada,
Province of ................,
(territorial division).
The Queen

v.

C.D.

The (prosecutor or accused) challenges G.H. on the ground that (set out ground of challenge in accordance with subsection 638(1) of theCriminal Code ).

.......
Counsel for (prosecutor or accused)

FORM 42 (Section 827) CERTIFICATE OF NON-PAYMENT OF COSTS OF APPEAL

In the Court of ................

(Style of Cause)

I hereby certify that A.B. (the appellant or respondent, as the case may be) in this appeal, having been ordered to pay costs in the sum of ............ dollars, has failed to pay the said costs within the time limited for the payment thereof.

Dated this ................ day of ................ A.D. ........, at ................ .

.......
Clerk of the Court of..........

(Seal)
FORM 43
(Section 744)
JAILER’S RECEIPT TO PEACE OFFICER FOR PRISONER
I hereby certify that I have received from X.Y., a peace officer for (territorial division),

one A.B., together with a (warrant or order) issued by (set out court or justice, as the
case may be).*
*Add a statement of the condition of the prisoner
Dated this ................ day of ................ A.D. ........, at ................ .

.......
Keeper of (prison)

FORM 44

(Section 667)

I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that (name) also known as (aliases if any), FPS Number ........, whose fingerprints are shown reproduced below (reproduction of fingerprints) or attached hereto, has been convicted, discharged under section 730 of the Criminal Code or convicted and sentenced in Canada as follows:

(record)

Dated this ........ day of ............ A.D. ........, at .............

.......
Fingerprint Examiner

FORM 45

(Section 667)

I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that I have compared the fingerprints reproduced in or attached to exhibit A with the fingerprints reproduced in or attached to the certificate in Form 44 marked exhibit B and that they are those of the same person.

Dated this ........ day of ............ A.D. ........, at .............

.......
Fingerprint Examiner

FORM 46
(Section 732.1)
PROBATION ORDER
Canada,
Province of ................,
(territorial division).
Whereas on the ................ day of ................ at ................, A.B., hereinafter called the

offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be);

And whereas on the ................ day of ................ the court adjudged* *Use whichever of the following forms of disposition is applicable:

(a)
that the offender be discharged on the following conditions:
(b)
that the passing of sentence on the offender be suspended and that the said offender be released on the following conditions:
(c)
that the offender forfeit and pay the sum of ................ dollars to be applied according to law and in default of payment of the said sum without delay (or within a time fixed, if any), be imprisoned in the (prison) at ................ for the term of ................ unless the said sum and charges of the committal and of conveying the said offender to the said prison are sooner paid, and in addition thereto, that the said offender comply with the following conditions:
(d)
that the offender be imprisoned in the (prison) at ................ for the term of ................ and, in addition thereto, that the said offender comply with the following conditions:
(e)
that following the expiration of the offender’s conditional sentence order related to this or another offence, that the said offender comply with the following conditions:
(f)
that following the expiration of the offender’s sentence of imprisonment related to another offence, that the said offender comply with the following conditions:
(g)
when the offender is ordered to serve the sentence of imprisonment intermittently, that the said offender comply with the following conditions when not in confinement:

Now therefore the said offender shall, for the period of ................ from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender’s sentence of imprisonment or conditional sentence order) comply with the following conditions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition,

(here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code).

Dated this ................ day of ................ A.D. ........, at ................ .

.......
Clerk of the Court, Justice or Provincial Court Judge

FORM 47

(Section 462.48)

ORDER TO DISCLOSE INCOME TAX INFORMATION

Canada,

Province of ...............,

(territorial division).

To A.B., of ................, (office or occupation):

Whereas, it appears on the oath of C.D., of ................, that there are reasonable grounds for believing that E.F., of ................, has committed or benefited from the commission of the offence of ................ and that the information or documents (describe information or documents) are likely to be of substantial value to an investigation of that offence or a related matter; and

Whereas there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained;

This is, therefore, to authorize and require you between the hours of (as the judge may direct), during the period commencing on ................ and ending on ................, to produce all the above-mentioned information and documents to one of the following police officers, namely, (here name police officers) and allow the police officer to remove the information or documents, or to allow the police officer access to the above-mentioned information and documents and to examine them, as the judge directs, subject to the following conditions (state conditions): .................

Dated this ........ day of ................ A.D. ........, at .................... .

.......
Signature of judge

FORM 48 (Section 672.13) ASSESSMENT ORDER OF THE COURT Canada, Province of (territorial division) Whereas I have reasonable grounds to believe that evidence of the mental condition of

(name of accused), who has been charged with ...., may be necessary to determine * ] whether the accused is unfit to stand trial [

] whether the accused suffered from a mental disorder so as to exempt the accused from criminal responsibility by virtue of subsection 16(1) of the [ Criminal Code at the time of the act or omission charged against the accused

] whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, if the accused is a female person charged with an offence arising out of the death of her newly-born child [

] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, the appropriate disposition to be made in respect of the accused pursuant to section 672.54 or 672.58 of the [ Criminal Code

] if a verdict of unfit to stand trial has been rendered in respect of the accused, whether the court should order a stay of proceedings under section 672.851 of the [ Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of .................... days.

This order is to be in force for a total of ............... days, including travelling time, during
which time the accused is to remain *

] in custody at ( [place where accused is to be detained)
] out of custody, on the following conditions: [
(set out conditions, if applicable)
*Check applicable option.
Dated this ............... day of ............... A.D. ....., at ............... .
........................................
(Signature of justice or judge or clerk
of the court, as the case may be)
FORM 48.1
(Section 672.13)
ASSESSMENT ORDER OF THE REVIEW BOARD

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ...., may be necessary to *

] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, make a disposition under section 672.54 of the [ Criminal Code

] if a verdict of unfit to stand trial has been rendered in respect of the accused, determine whether the Review Board should make a recommendation to the court that has jurisdiction in respect of the offence charged against the accused to hold an inquiry to determine whether a stay of proceedings should be ordered in accordance with section

672.851 of the [ Criminal Code I hereby order an assessment of the mental condition of (name of accused) to be

conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of .................... days. This order is to be in force for a total of ............... days, including travelling time, during

which time the accused is to remain *

] in custody at ( [place where accused is to be detained)
] out of custody, on the following conditions: [
(set out conditions, if applicable)
*Check applicable option.
Dated this ............... day of ............... A.D. ....., at ............... .
....................................
(Signature of Chairperson
of the Review Board)
FORM 49
(Section 672.57)

WARRANT OF COMMITTAL
DISPOSITION OF DETENTION
Canada,
Province of
(territorial division)
To the peace officers in the said (territorial division) and to the keeper (administrator,

warden) of the (prison, hospital or other appropriate place where the accused is

detained).
This warrant is issued for the committal of A.B., of ..............., (occupation), hereinafter
called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which
the accused was charged);
And whereas the accused was found*

  • unfit to stand trial
  • not criminally responsible on account of mental disorder

This is, therefore, to command you, in Her Majesty’s name, to take the accused in custody and convey the accused safely to the (prison, hospital or other appropriate place) at ...., and there deliver the accused to the keeper (administrator, warden) with the following precept:

I do therefore command you the said keeper (administrator, warden) to receive the accused in your custody in the said (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.

The following are the conditions to which the accused shall be subject while in your (prison, hospital or other appropriate place):

The following are the powers regarding the restrictions (and the limits and conditions on those restrictions) on the liberty of the accused that are hereby delegated to you the said keeper (administrator, warden) of the said (prison, hospital or other appropriate place):

*Check applicable option.

Dated this .......... day of .......... A.D. .........., at .......... .

.......
(Signature of judge, clerk of the court, provincial court judge or chairperson of the
Review Board)

FORM 50
(Subsection 672.7(2))
WARRANT OF COMMITTAL
PLACEMENT DECISION
Canada,
Province of
(territorial division)
To the peace officers in the said (territorial division) and to the keeper (administrator,

warden) of the (prison, hospital or other appropriate place where the accused is

detained).
This warrant is issued for the committal of A.B., of ...................., (occupation),
hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which
the accused was charged);
And whereas the accused was found*

  • unfit to stand trial
  • not criminally responsible on account of mental disorder

And whereas the Review Board has held a hearing and decided that the accused shall be detained in custody;

And whereas the accused is required to be detained in custody pursuant to a warrant of committal issued by (set out the name of the Judge, Clerk of the Court, Provincial Court Judge or Justice as well as the name of the court and territorial division), dated the .................. day of ...................., in respect of the offence that (set out briefly the offence in respect of which the accused was charged or convicted);

This is, therefore, to command you, in Her Majesty’s name, to*

  • execute the warrant of committal issued by the court, according to its terms
  • execute the warrant of committal issued herewith by the Review Board

* Check applicable option.
Dated this .................. day of .................. A.D. ...................., at ................. .

.......

(Signature of chairperson of the Review Board)

FORM 51
[Repealed, 2005, c. 22, s. 41]
FORM 52
(Section 490.012)
ORDER TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION

ACT
Canada,
Province of ....................
(territorial division)
To A.B., of ................, (occupation), (address or address of court if no fixed address),

(date of birth), (gender):
You have been convicted of or found not criminally responsible on account of mental
disorder for (description of offence(s)) under (applicable designated offence provision(s)
of theCriminal Code), a designated offence (or designated offences) within the meaning
of subsection 490.011(1) of the Criminal Code.

  1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act.
  2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(2.1) to (5) of the Criminal Code applies, for life).
  3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.
  4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.
  5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.
  6. You have the right to apply to a court to terminate this order, and the right to appeal the decision of that court.
  7. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both.
  8. If you are found to have provided false or misleading information, you may be subject
    to a fine or imprisonment, or to both.
    Dated this ................ day of ................, at ................. .
    ...................................................................
    (Signature of judge or clerk and name of court)
    ...........................................................
    (Signature of person subject to order)
    FORM 53







(Sections 490.019 and 490.032) NOTICE OF OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT

Canada,
Province of ....................,
(territorial division).

To A.B., of ............, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code:

Because, on ....... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act, under ....... (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

  1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.
  2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ....... years after you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) or (d) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code.
  3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.
  4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.
  5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.
  6. You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal any decision of that court.
  7. You have the right to apply to a court to terminate the obligation, and the right to appeal any decision of that court.
  8. If you are found to have contravened the obligation, you may be subject to a fine or imprisonment, or to both.
  9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Dated this ................ day of ................, at ................. .

FORM 54

(Sections 490.02901 to 490.02903, 490.02905 and 490.032)

OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT

To A.B., of ................, (occupation), (address in Canada), (date of birth), (gender):

Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of theCriminal Code), a designated offence (or designated offences) as defined in subsection 490.011(1) of the Criminal Code;

You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act.

  1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.
  2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ....... years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of theCriminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code.
  3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.
  4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.
  5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information.
  6. You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court.
  7. You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court.
  8. If you are found to have not complied with the Sex Offender Information Registration Act, you may be subject to a fine or imprisonment, or to both.
  9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Served on (date).

For administrative use only:

Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date).

R.S., 1985, c. C-46, Part XXVIII; R.S., 1985, c. 27 (1st Supp.), ss. 101(E), 184, 203, c. 1 (4th Supp.), ss. 17, 18(F), c. 42 (4th Supp.), ss. 6 to 8; 1991, c. 43, s. 8; 1992, c. 1, s. 58; 1993, c. 45, ss. 12 to 14; 1994, c. 44, s. 84; 1995, c. 22, ss. 9, 10, 18; 1997, c. 18, s. 115,

c.
30, s. 3, c. 39, s. 3; 1998, c. 37, s. 24; 1999, c. 3, s. 58, c. 5, ss. 45 to 47, c. 25, ss. 24 to 27(Preamble); 2000, c. 10, s. 24; 2002, c. 1, ss. 185, 186, c. 13, ss. 85, 86(F); 2004, c. 10,
s.
21, c. 12, s. 17; 2005, c. 10, s. 34, c. 22, ss. 40, 41, c. 25, ss. 12, 13; 2007, c. 5, ss. 30, 31, c. 22, ss. 23 to 26; 2008, c. 18, s. 45.1; 2009, c. 29, s. 4; 2010, c. 17, ss. 26, 27.

Previous Version

RELATED PROVISIONS

— 1991, c. 43, ss. 10(1) to (7), as amended by 2005, c. 22, s. 43

Lieutenant Governor warrants or orders remain in force

10. (1) Any order for detention of an accused or accused person made under section 614, 615 or 617 of the Criminal Code or section 200 or 201 of the National Defence Act, as those sections read immediately before the coming into force of section 3 or 18 of this Act, shall continue in force until an order is made by a court or Review Board under section 672.54 of the Criminal Code.

Review of inmates held in custody on lieutenant governor warrants or orders

(2)
The Review Board of a province shall, within twelve months after the coming into force of this section, review the case of every person detained in custody in the province by virtue of an order of detention referred to in subsection (1).
Application of sections 672.5 to 672.85 to reviews under subsection (2)
(3)
Sections 672.5 to 672.85 of the Criminal Code apply, with such modifications as the circumstances require, to a review under subsection (2) as if
(a)
the review were a review of a disposition conducted pursuant to section

672.81 of that Act; and

(b)
the warrant issued by the lieutenant governor pursuant to which the person is being detained in custody were a disposition made under section 672.54 of that Act.
(c)
and (d) [Repealed, 2005, c. 22, s. 43]
(4)
to (7) [Repealed, 2005, c. 22, s. 43]

— 2004, c. 12, s. 22

Interpretation of 2001, c. 32, ss. 82(1), (2) and (4)

22. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001:

(a)
the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsections 82(2) and (4) of the Act, to Bill C-15A, which resulted from the division of Bill C-15 and has the same title;
(b)
the reference in subsection 82(2) of the Act to “section 25 of the other Act” refers to section 16 of Bill C-15A; and
(c)
the reference in subsection 82(4) of the Act to “section 62 of the other Act” refers to section 52 of Bill C-15A.

— 2004, c. 12, s. 23

Interpretation of 2001, c. 32, ss. 82(1) and (3)

23. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001, and the division in the Senate on December 3, 2002, of Bill C-10, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act:

(a)
the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsection 82(3) of the Act, to Bill C-10A, which resulted from the division of Bill C-10 and is entitled An Act to amend the Criminal Code (firearms) and the Firearms Act; and
(b)
the reference in subsection 82(3) of the Act to “section 32 of the other Act” refers to section 8 of Bill C-10A.

— 2005, c. 32, s. 27.1

Review

27.1 (1) Five years after this section comes into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for the purpose shall undertake a comprehensive review of this Act and its operation.

Report

(2) The committee shall submit a report on the review to Parliament, including a statement of any changes that it recommends, within six months after it undertakes the review or within any further time authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be.

— 2009, c. 28, s. 12

Review

12. Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

— 2009, c. 29, s. 5

Application — persons charged after coming into force

5. Subsections 719(3) to (3.4) of the Act, as enacted by section 3, apply only to persons charged after the day on which those subsections come into force.

AMENDMENTS NOT IN FORCE

— Subparagraph 258(1)(c)(i), as enacted by R.S., 1985, c. 27 (1st Supp.), s. 36

(i) at the time each sample was taken, the person taking the sample offered to provide to the accused a specimen of the breath of the accused in an approved container for his own use, and, at the request of the accused made at that time, such a specimen was thereupon provided to the accused,

— Clause 258(1)(g)(iii)(A), as enacted by R.S., 1985, c. 27 (1st Supp.), s. 36

(A) that at the time each sample was taken the technician offered to provide the accused with a specimen of the breath of the accused in an approved container for his own use and, at the request of the accused made at that time, the accused was thereupon provided with such a specimen,

— Section 97, as enacted by 1995, c. 39, s. 139

Sale of cross-bow to person without licence

97. (1) Every person commits an offence who at any time sells, barters or gives a cross-bow to another person, unless the other person produces for inspection by the person at that time a licence that the person has no reasonable grounds to believe is invalid or was issued to anyone other than the other person.

Punishment

(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 two years; or
(b)
is guilty of an offence punishable on summary conviction.
Exception

(3)
Subsection (1) does not apply to a person who lends a cross-bow to another person while that other person is under the direct and immediate supervision of a person who may lawfully possess it.

— 1996, c. 34, s. 1

1990, c. 17, s. 14; 1992, c. 51, s. 39

1. Section 745 of the Criminal Code is replaced by the following:
Application for judicial review

745. (1) Subject to subsection (2), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person

(a)
has been convicted of murder or high treason;
(b)
has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
(c)
has served at least fifteen years of their sentence.
Exception — multiple murderers

(2)
A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.
Definition of “appropriate Chief Justice”
(3)
For the purposes of this section and sections 745.1 to 745.4, the “appropriate Chief Justice” is
(a)
in relation to the Province of Ontario, the Chief Justice of the Ontario Court;
(b)
in relation to the Province of Quebec, the Chief Justice of the Superior Court;
(c)
in relation to the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division;
(d)
in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;
(e)
in relation to the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court; and
(f)
in relation to the Yukon Territory and the Northwest Territories, the Chief Justice of the Court of Appeal thereof.

Judicial screening

745.1 (1) On receipt of an application under subsection 745(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a reasonable prospect that the application will succeed:

(a)
the application;
(b)
any report provided by the Correctional Service of Canada or other correctional authorities; and
(c)
any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.
Criteria
(2)
In determining whether the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.3(1)(a) to (e), with such modifications as the circumstances require.
Decision re new application
(3)
If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge may
(a)
set a time, not earlier than two years after the date of the determination, at or after which another application may be made by the applicant under subsection 745(1); or
(b)
decide that the applicant may not make another application under that subsection.
Where no decision re new application
(4)
If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination.
Designation of judge to empanel jury
(5)
If the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.

Appeal

745.2 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.1 on any question of law or fact or mixed law and fact.

Documents to be considered

(2)
The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.
Sections to apply
(3)
Sections 673 to 696 apply, with such modifications as the circumstances require.

Hearing of application

745.3 (1) The jury empanelled under subsection 745.1(5) to hear the application shall consider the following criteria and determine whether the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced:

(a)
the character of the applicant;
(b)
the applicant’s conduct while serving the sentence;
(c)
the nature of the offence for which the applicant was convicted;
(d)
any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and
(e)
any other matters that the judge considers relevant in the circumstances. Definition of “victim”
(2)
In paragraph (1)(d), “victim” has the same meaning as in subsection 735(1.4). Reduction
(3)
The jury hearing an application under subsection (1) may determine that the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.
No reduction
(4)
The applicant’s number of years of imprisonment without eligibility for parole is not reduced if
(a)
the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
(b)
the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or
(c)
the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced.
Where determination to reduce number of years
(5)
If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury,
(a)
substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or
(b)
terminate the ineligibility for parole. Decision re new application
(6)
If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may
(a)
set a time, not earlier than two years after the date of the determination or conclusion under subsection (4), at or after which another application may be made by the applicant under subsection 745(1); or
(b)
decide that the applicant may not make another application under that
subsection.

Two-thirds decision
(7)
The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members.
If no decision re new application
(8)
If the jury does not set a date at or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination or conclusion under subsection (4).

Rules

745.4 (1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745 to 745.3.

Territories

(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.1(1) or to empanel a jury to hear an application under subsection 745.1(5), in respect of a conviction that took place in the Yukon Territory or the Northwest Territories, the appropriate Chief Justice may designate the judge from the Court of Appeal or the Supreme Court of the Yukon Territory or Northwest Territories, as the case may be.

— 1996, c. 34, s. 2(1)

2. (1) Section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof is amended by replacing section 745.6 of the Criminal Code, as enacted by that section 6, with the following:

Application for judicial review 745.6 (1) Subject to subsection (2), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person

(a)
has been convicted of murder or high treason;
(b)
has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
(c)
has served at least fifteen years of their sentence. Exception — multiple murderers
(2)
A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.
Definition of “appropriate Chief Justice”
(3)
For the purposes of this section and sections 745.61 to 745.64, the “appropriate Chief Justice” is
(a)
in relation to the Province of Ontario, the Chief Justice of the Ontario Court;
(b)
in relation to the Province of Quebec, the Chief Justice of the Superior Court;
(c)
in relation to the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division;
(d)
in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;
(e)
in relation to the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court; and
(f)
in relation to the Yukon Territory and the Northwest Territories, the Chief Justice of the Court of Appeal thereof.

Judicial screening

745.61 (1) On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a reasonable prospect that the application will succeed:

(a)
the application;
(b)
any report provided by the Correctional Service of Canada or other correctional authorities; and
(c)
any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.
Criteria
(2)
In determining whether the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with such modifications as the circumstances require.
Decision re new application
(3)
If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge may
(a)
set a time, not earlier than two years after the date of the determination, at or after which another application may be made by the applicant under subsection 745.6(1); or
(b)
decide that the applicant may not make another application under that subsection.
Where no decision re new application
(4)
If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination.
Designation of judge to empanel jury
(5)
If the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.

Appeal 745.62 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact.

Documents to be considered

(2)
The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.
Sections to apply
(3)
Sections 673 to 696 apply, with such modifications as the circumstances require.

Hearing of application

745.63 (1) The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced:

(a)
the character of the applicant;
(b)
the applicant’s conduct while serving the sentence;
(c)
the nature of the offence for which the applicant was convicted;
(d)
any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and
(e)
any other matters that the judge considers relevant in the circumstances. Definition of “victim”
(2)
In paragraph (1)(d), “victim” has the same meaning as in subsection 722(4). Reduction
(3)
The jury hearing an application under subsection (1) may determine that the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.
No reduction
(4)
The applicant’s number of years of imprisonment without eligibility for parole is not reduced if
(a)
the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
(b)
the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or
(c)
the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced.
Where determination to reduce number of years
(5)
If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury,
(a)
substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or
(b)
terminate the ineligibility for parole. Decision re new application
(6)
If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may
(a)
set a time, not earlier than two years after the date of the determination or conclusion under subsection (4), at or after which another application may be made by the applicant under subsection 745.6(1); or
(b)
decide that the applicant may not make another application under that subsection.
Two-thirds decision
(7)
The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members.
If no decision re new application
(8)
If the jury does not set a date at or after which another application may be made or decide that such an application may not be made, the applicant may make

another application no earlier than two years after the date of the determination or conclusion under subsection (4).

Rules

745.64 (1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63.

Territories

(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in the Yukon Territory or the Northwest Territories, the appropriate Chief Justice may designate the judge from the Court of Appeal or the Supreme Court of the Yukon Territory or Northwest Territories, as the case may be.

— 1996, c. 34, ss. 3 to 5

3. Subsection 745(2) of the Criminal Code, as enacted by section 1 of this Act, does not apply in respect of a person unless at least one of the murders for which the person was convicted was committed after the coming into force of that subsection.

— 1996, c. 34, ss. 3 to 5

4. Sections 745.1 to 745.3 of the Criminal Code, as enacted by section 1 of this Act, other than paragraph 745.3(1)(d), apply in respect of applications for judicial review made after the coming into force of subsection 745(1) of the Criminal Code, as enacted by that section, in respect of crimes committed before or after the coming into force of that section, unless the applicant has, before the coming into force of that section, made an application under subsection 745(1) of the Criminal Code as it read immediately before the coming into force of that section and the application had not yet been disposed of before that coming into force.

— 1996, c. 34, ss. 3 to 5

5. Paragraph 745.3(1)(d) of the Criminal Code, as enacted by section 1 of this Act, applies in respect of applications for judicial review made after the coming into force of subsection 745(1) of the Criminal Code, as enacted by that section, in respect of crimes committed after the coming into force of that section.

— 1997, c. 18, ss. 106, 107

106. (1) Paragraph 717(4)(a) of the Act is replaced by the following:

(a)
is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed,
(2)
The portion of paragraph 717(4)(c) of the Act before subparagraph (i) is replaced by the following:
(c)
is convicted of more offences than one, and
(3)
The portion of subsection 717(4) of the Act after paragraph (c) is replaced by the following: the court that sentences the accused may direct that the terms of imprisonment shall be served one after the other.

— 1997, c. 18, ss. 106, 107 R.S., c. 1 (4th Supp.), s. 18 (Sch. I, item 23)(F)

107. Subsection 736(1) of the Act is replaced by the following:
Conditional and absolute discharge

736. (1) Where an accused, other than a corporation, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order.

— 2001, c. 32, ss. 82(1), (3)

Bill C-15

82. (1) If Bill C-15 [C-10A]*, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001 (the “other Act” [2003, c. 8]*), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

Criminal Code — subsection 515(4.1) (French version) replaced

(3) On the later of the coming into force of subsection 37(1) of this Act and section 32 [8]* of the other Act [2003, c. 8]*, subsection 515(4.1) of the French version of the Criminal Code is replaced by the following :

Condition additionnelle (4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée aux articles 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux ci.

*[Note: See 2004, c. 12, s. 23.]

— 2003, c. 8, s. 8

1996, c. 19, s. 93.3

8. Paragraph 515(4.1)(c) of the Act is replaced by the following:

(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,

— 2010, c. 14, s. 2

2. (1) Paragraph (a) of the definition “offence” in section 183 of the Criminal Code is amended by adding the following after subparagraph (liv):

(liv.1) section 333.1 (motor vehicle theft),

(2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxii):

(lxii.1) section 353.1 (tampering with vehicle identification number),

(3) Paragraph (a) of the definition “offence” in section 183 of the Act is
amended by adding the following after subparagraph (lxiii):

(lxiii.1) section 355.2 (trafficking in property obtained by crime),

(lxiii.2) section 355.4 (possession of property obtained by crime — trafficking), — 2010, c. 14, s. 3

3. The Act is amended by adding the following after section 333: Motor vehicle theft

333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable

(a)
on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or
(b)
on summary conviction, to imprisonment for a term of not more than 18 months.
Subsequent offences
(2)
For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

— 2010, c. 14, s. 4

4. The Act is amended by adding the following after section 353:
Tampering with vehicle identification number

353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle.

Definition of “vehicle identification number”

(2)
For the purpose of this section, “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles.
Exception
(3)
Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle.
Punishment
(4)
Every person who commits an offence under subsection (1)
(a)
is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) is guilty of an offence punishable on summary conviction. — 2010, c. 14, s. 5

5. The heading before section 354 of the Act is replaced by the following:

Possession and Trafficking — 2010, c. 14, s. 6

6. The Act is amended by adding the following after section 355:
Definition of “traffic”

355.1 For the purposes of sections 355.2 and 355.4, “traffic” means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

Trafficking in property obtained by crime

355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

(a)
the commission in Canada of an offence punishable by indictment; or
(b)
an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

In rem prohibition

355.3 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

(a)
the commission in Canada of an offence punishable by indictment; or
(b)
an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

Possession of property obtained by crime — trafficking 355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

(a)
the commission in Canada of an offence punishable by indictment; or
(b)
an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

Punishment

355.5 Everyone who commits an offence under section 355.2 or 355.4

(a)
is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or
(b)
is, if the value of the subject matter of the offence is not more than $5,000,
(i)
guilty of an indictable offence and liable to imprisonment for a term of not more than five years, or
(ii)
guilty of an offence punishable on summary conviction.

— 2010, c. 14, s. 7 2005, c. 44, s. 1(2)

7. Subparagraph 462.3(3)(b)(i) of the Act is replaced by the following:

(i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and

— 2010, c. 14, s. 8

2001, c. 32, s. 17(3)

8. Subsection 462.34(7) of the Act is replaced by the following:
Saving provision

(7) Sections 354, 355.2 and 355.4 do not apply to a person who comes into possession of any property that, by virtue of an order made under paragraph

(4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3). — 2010, c. 14, s. 9 2001, c. 32, s. 26(1)

9. The portion of paragraph 462.48(1.1)(b) of the Act before subparagraph (i) is replaced by the following:

(b) an offence against section 354, 355.2, 355.4 or 462.31 if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

— 2010, c. 14, s. 10

1992, c. 1, s. 58(1) (Sch. I, item 10)

10. Subsection 491.2(1) of the Act is replaced by the following:
Photographic evidence

491.2 (1) Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354, 355.2, 355.4, 362 or 380 is returned or ordered to be returned, forfeited or otherwise dealt with under section 489.1 or 490 or is otherwise returned, a peace officer or any person under the direction of a peace officer may take and retain a photograph of the property.

— 2010, c. 14, s. 11

11. The portion of subsection 593(1) of the Act before paragraph (a) is replaced by the following:

Trial of persons jointly

593. (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though

— 2010, c. 19, s. 1

1. Section 83.01 of the Criminal Code is amended by adding the following after subsection (1.1):

For greater certainty (1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.

— 2011, c. 2, s. 2

2. Section 745.01 of the Criminal Code is renumbered as subsection 745.01(1) and is amended by adding the following:

Exception

(2) Subsection (1) does not apply if the offender is convicted of an offence
committed on or after the day on which this subsection comes into force.

— 2011, c. 2, s. 3 1996, c. 34, s. 2(2)

3. (1) The portion of subsection 745.6(1) of the Act before paragraph (a) is replaced by the following:

Application for judicial review

745.6 (1) Subject to subsections (2) to (2.6), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person

(2) Subsection 745.6(1) of the Act is amended by adding the following after paragraph (a):

(a.1) committed the murder or high treason before the day on which this
paragraph comes into force;

(3) Section 745.6 of the Act is amended by adding the following after subsection (2):

Less than 15 years of sentence served

(2.1) A person who is convicted of murder or high treason and who has served less than 15 years of their sentence on the day on which this subsection comes into force may, within 90 days after the day on which they have served 15 years of their sentence, make an application under subsection (1).

At least 15 years of sentence served (2.2) A person who is convicted of murder or high treason and who has served at least 15 years of their sentence on the day on which this subsection comes into force may make an application under subsection (1) within 90 days after

(a)
the end of five years after the day on which the person was the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies; or
(b)
the day on which this subsection comes into force, if the person has not made an application under subsection (1).

Non-application of subsection (2.2)

(2.3) Subsection (2.2) has no effect on a determination or decision made under subsection 745.61(3) or (5) or 745.63(3), (5) or (6) as it read immediately before the day on which this subsection comes into force. A person in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) as it read immediately before that day may make an application under subsection (1) within 90 days after the end of that time.

Further five-year period if no application made

(2.4) If the person does not make an application in accordance with subsection (2.1), (2.2) or (2.3), as the case may be, they may make an application within 90 days after the day on which they have served a further five years of their sentence following the 90-day period referred to in that subsection, as the case may be.

Subsequent applications

(2.5) A person who makes an application in accordance with subsection (2.1),

(2.2) or (2.3), as the case may be, may make another application under subsection

(1)
within 90 days after
(a)
the end of the time set under paragraph 745.61(3)(a) or 745.63(6)(a), if a time is set under that paragraph; or
(b)
the end of five years after the day on which the person is the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies, if the person is the subject of such a determination or conclusion.

Subsequent applications

(2.6) A person who had made an application under subsection (1) as it read immediately before the day on which this subsection comes into force, whose application was finally disposed of on or after that day and who has then made a

subsequent application may make a further application in accordance with
subsection (2.5), if either paragraph (2.5)(a) or (b) is applicable.

(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.

(2.8) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).

— 2011, c. 2, s. 4

1996, c. 34, s. 2(2)

4. (1) The portion of subsection 745.61(1) of the Act before paragraph (a) is replaced by the following:

Judicial screening

745.61 (1) On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a substantial likelihood that the application will succeed:

1996, c. 34, s. 2(2)

(2)
Subsection 745.61(2) of the English version of the Act is replaced by the following:
Criteria
(2)
In determining whether the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with any modifications that the circumstances require.
1996, c. 34, s. 2(2)
(3)
Subsections 745.61(3) to (5) of the Act are replaced by the following:
Decision re new application

(3)
If the Chief Justice or judge determines that the applicant has not shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge may
(a)
set a time, no earlier than five years after the date of the determination, at or after which the applicant may make another application under subsection 745.6(1); or
(b)
decide that the applicant may not make another application under that
subsection.

If no decision re new application
(4)
If the Chief Justice or judge determines that the applicant has not shown that there is a substantial likelihood that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination.
Designation of judge to empanel jury
(5)
If the Chief Justice or judge determines that the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.

— 2011, c. 2, s. 5

1996, c. 34, s. 2(2)

5. (1) Paragraph 745.63(6)(a) of the Act is replaced by the following:

(a)
set a time, no earlier than five years after the date of the determination or conclusion under subsection (4), at or after which the applicant may make another application under subsection 745.6(1); or
1996, c. 34, s. 2(2)
(2)
Subsection 745.63(8) of the Act is replaced by the following:
If no decision re new application
(8)
If the jury does not set a date on or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination or conclusion under subsection (4).

— 2011, c. 2, s. 7

Existing applications

7. (1) Applications that were made under section 745.6 of the Criminal Code as that section read immediately before the day on which section 3 comes into force and are still not finally disposed of on that day are to be dealt with and disposed of in accordance with the provisions of the Criminal Code as they read immediately before that day.

Further applications

(2)
A person who has made an application referred to in subsection (1) and who is the subject of a determination made under subsection 745.61(4) of the Criminal Code, as that subsection read before the day on which this subsection comes into force, or a determination or conclusion to which subsection 745.63(8) of the Criminal Code, as it read before that day, applies, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of two years after the day on which the person is the subject of the determination or conclusion.
Further applications
(3)
A person who has made an application referred to in subsection (1) and in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) of the Criminal Code, as enacted by subsections 4(3) and 5(1), respectively, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of that time.

— 2011, c. 5, s. 2

2. Section 675 of the Criminal Code is amended by adding the following after subsection (2.2):

Appeal against s. 745.51(1) order

(2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

— 2011, c. 5, s. 3

3. Section 676 of the Act is amended by adding the following after subsection (5):

Appeal against decision not to make s. 745.51(1) order

(6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

— 2011, c. 5, s. 4

4. The Act is amended by adding the following after section 745.2:

Recommendation by jury — multiple murders

745.21 (1) Where a jury finds an accused guilty of murder and that accused has previously been convicted of murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of murder. The law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period without eligibility for parole to be served for this murder consecutively to the period without eligibility for parole imposed for the previous murder? You are not required to make any recommendation, but if you do, your recommendation will be considered by me when I make my determination.

Application

(2) Subsection (1) applies to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

— 2011, c. 5, s. 5

5. The Act is amended by adding the following after section 745.5:

Ineligibility for parole — multiple murders

745.51 (1) At the time of the sentencing under section 745 of an offender who is convicted of murder and who has already been convicted of one or more other murders, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation, if any, made pursuant to section 745.21, by order, decide that the periods without eligibility for parole for each murder conviction are to be served consecutively.

Reasons

(2)
The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1).
Application
(3)
Subsections (1) and (2) apply to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

— 2011, c. 6, s. 2

2. Section 380 of the Criminal Code is amended by adding the following after subsection (1):

Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

— 2011, c. 6, s. 3

2004, c. 3, s. 3

3. (1) The portion of subsection 380.1(1) of the English version of the Act before paragraph (a) is replaced by the following:

Sentencing — aggravating circumstances

380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating circumstances:

2004, c. 3, s. 3

(2)
Paragraph 380.1(1)(a) of the Act is replaced by the following:
(a)
the magnitude, complexity, duration or degree of planning of the fraud
committed was significant;

(3)
Subsection 380.1(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;

(4)
Subsection 380.1(1) of the Act is amended by adding the following after paragraph (d):
(e)
the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence; and
(f)
the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.
2004, c. 3, s. 3
(5)
Subsection 380.1(2) of the Act is replaced by the following:

Aggravating circumstance — value of the fraud

(1.1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 382, 382.1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.

Non-mitigating factors

(2)
When a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.
Record of proceedings
(3)
The court shall cause to be stated in the record the aggravating and mitigating circumstances it took into account when determining the sentence.

— 2011, c. 6, s. 4

4. The Act is amended by adding the following after section 380.1: Prohibition order

380.2 (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 380(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person.

Duration

(2)
The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.
Court may vary order
(3)
A court that makes an order of prohibition or, if 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.
Offence
(4)
Every person who is bound by an order of prohibition and who does not comply with the order is guilty of
(a)
an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b)
an offence punishable on summary conviction.

Court to consider restitution order

380.3 (1) When an offender is convicted, or is discharged under section 730, of an offence referred to in subsection 380(1), the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739.

Inquiry by court

(2)
As soon as practicable after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses, the amount of which must be readily ascertainable.
Adjournment
(3)
On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses, if the court is satisfied that the adjournment would not interfere with the proper administration of justice.
Form for victims
(4)
Victims may indicate whether they are seeking restitution by completing Form

34.1 in Part XXVIII or a form approved for that purpose by the Lieutenant Governor in Council of the province where the court has jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses, the amount of which must be readily ascertainable, in the same manner.

Reasons

(5) If a victim seeks restitution and the court decides not to make a restitution order, it shall give reasons for its decision and shall cause those reasons to be stated in the record.

Community impact statement

380.4 (1) For greater certainty, for the purpose of determining the sentence to be imposed on an offender, or whether the offender should be discharged under section 730, in respect of an offence referred to in subsection 380(1), the court may consider a statement made by a person on a community’s behalf describing the harm done to, or losses suffered by, the community arising from the commission of the offence.

Procedure

(2)
The statement must
(a)
be prepared in writing and filed with the court;
(b)
identify the community on whose behalf the statement is made; and
(c)
explain how the statement reflects the community’s views.
Copy of statement
(3)
The clerk of the court shall provide a copy of the statement, as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

— 2011, c. 6, s. 5

5. Part XXVIII of the Act is amended by adding the following after Form 34:
FORM 34.1
(Section 380.3)
STATEMENT ON RESTITUTION FOR FRAUD
Canada,
Province of ............,
(territorial division).
To the court that is sentencing (name the offender) who was convicted, or was

discharged under section 730 of the Criminal Code, of an offence referred to in
subsection 380(1) of that Act.
I, (name of declarant), declare that (check the appropriate box):
[ ]

(i)
I am not seeking restitution for the losses I suffered as a result of the
commission of the offence.

[ ]
(ii)
I am seeking restitution in the amount of $................. for the following losses I suffered as a result of the commission of the offence.

I declare that I have suffered the following losses as a result of the commission of the offence:

(Complete the following table if seeking restitution.)

Description Amount of loss (describe each thing of which the (state, in respect of each thing, the declarant was defrauded) amount of the loss)

  1. ........................... ........................
  2. ........................... ........................
  3. ........................... ........................
  4. ........................... ........................

I understand that the amount of my losses must be readily ascertainable by the court. For that purpose, I am responsible for providing the court with all necessary documents, including bills, receipts and estimates, in support of my claim for restitution.

. Dated this ........ day of ............ 20........, at .............

.......................................

Signature of declarant

— 2011, c. 7, s. 2

2. The Criminal Code is amended by adding the following after section 729:

Proof of certificate of analyst — bodily substance

729.1 (1) In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the offender breached such a condition of a conditional sentence order, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

Definition of “analyst”

(2)
In this section, “analyst” has the same meaning as in subsection 254(1).
Notice of intention to produce certificate
(3)
No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
(4)
The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

Requiring attendance of analyst — 2011, c. 7, s. 3

1995, c. 22, s. 6

3. (1) Paragraph 732.1(3)(c) of the Act is replaced by the following:

(c) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

(c.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under subsection (9) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

(c.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by a probation officer in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

(2)
Section 732.1 of the Act is amended by adding the following after subsection (6):
Notice — samples at regular intervals
(7)
The notice referred to in paragraph (3)(c.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
Designations and specifications
(8)
For the purposes of paragraphs (3)(c.1) and (c.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(a)
designate the persons or classes of persons that may take samples of bodily substances;
(b)
designate the places or classes of places at which the samples are to be taken;
(c)
specify the manner in which the samples are to be taken;
(d)
specify the manner in which the samples are to be analyzed;
(e)
specify the manner in which the samples are to be stored, handled and destroyed;
(f)
specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
(g)
designate the persons or classes of persons that may destroy the samples; and
(h)
designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
Further designations
(9)
For the purpose of paragraph (3)(c.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.
Restriction
(10)
Samples of bodily substances referred to in paragraphs (3)(c.1) and (c.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (8).
Destruction of samples
(11)
The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a probation order to be destroyed within the periods prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 733.1.
Regulations
(12)
The Governor in Council may make regulations
(a)
prescribing bodily substances for the purposes of paragraphs (3)(c.1) and (c.2);
(b)
respecting the designations and specifications referred to in subsections (8) and (9);
(c)
prescribing the periods within which samples of bodily substances are to be destroyed under subsection (11); and

(d) respecting any other matters relating to the samples of bodily substances. — 2011, c. 7, s. 4

4. The Act is amended by adding the following after section 732.1:
Prohibition on use of bodily substance

732.11 (1) No person shall use a bodily substance provided under a probation order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

Prohibition on use or disclosure of result

(2)
Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a probation order.
Exception
(3)
The results of the analysis of a bodily substance provided under a probation order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 733.1 or, if the results are made anonymous, for statistical or other research purposes.
Offence
(4)
Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

— 2011, c. 7, s. 5 1995, c. 22, s. 6

5. (1) Paragraph 742.3(2)(a) of the Act is replaced by the following:

(a) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance; (a.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, the supervisor or someone designated under subsection (7) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to suspect that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

(a.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by the supervisor in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

(2)
Section 742.3 of the Act is amended by adding the following after subsection (4):
Notice — samples at regular intervals
(5)
The notice referred to in paragraph (2)(a.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
Designations and specifications
(6)
For the purposes of paragraphs (2)(a.1) and (a.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(a)
designate the persons or classes of persons that may take samples of bodily substances;
(b)
designate the places or classes of places at which the samples are to be taken;
(c)
specify the manner in which the samples are to be taken;
(d)
specify the manner in which the samples are to be analyzed;
(e)
specify the manner in which the samples are to be stored, handled and destroyed;
(f)
specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
(g)
designate the persons or classes of persons that may destroy the samples; and
(h)
designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
Further designations
(7)
For the purpose of paragraph (2)(a.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.
Restriction
(8)
Samples of bodily substances referred to in paragraphs (2)(a.1) and (a.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (6).
Destruction of samples
(9)
The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a conditional sentence order to be destroyed within the periods prescribed by regulation, unless the samples are reasonably expected to be used as evidence in proceedings under section 742.6.
Regulations
(10)
The Governor in Council may make regulations
(a)
prescribing bodily substances for the purposes of paragraphs (2)(a.1) and (a.2);
(b)
respecting the designations and specifications referred to in subsections (6) and (7);
(c)
prescribing the periods within which samples of bodily substances are to be destroyed under subsection (9); and

(d) respecting any other matters relating to the samples of bodily substances. — 2011, c. 7, s. 6

6. The Act is amended by adding the following after section 742.3:

Prohibition on use of bodily substance

742.31 (1) No person shall use a bodily substance provided under a conditional sentence order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

Prohibition on use or disclosure of result

(2)
Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a conditional sentence order.
Exception
(3)
The results of the analysis of a bodily substance provided under a conditional sentence order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of proceedings under section 742.6 or, if the results are made anonymous, for statistical or other research purposes.
Offence
(4)
Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

— 2011, c. 7, s. 7 1994, c. 44, s. 81(2)

7. (1) Subsection 810(3) of the Act is replaced by the following:
Adjudication

(3) If the justice or summary conviction court before which the parties appear is satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for the fear, the justice or court may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.

Refusal to enter into recognizance

(3.01) The justice or summary conviction court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.

Conditions in recognizance (3.02) The justice or summary conviction court may add any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a)
to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;
(b)
to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(c)
to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
(2)
Subsection 810(4) of the Act is replaced by the following:
Forms
(4)
A recognizance and a committal to prison in default of recognizance may be in Forms 32 and 23, respectively.

— 2011, c. 7, s. 8

2009, c. 22, s. 19(1)

8. (1) Subsection 810.01(3) of the French version of the Act is replaced by the following:

Décision

(3)
Le juge devant lequel les parties comparaissent peut, s’il est convaincu par la preuve apportée que les craintes du dénonciateur sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement de ne pas troubler l’ordre public et d’avoir une bonne conduite pour une période maximale de douze mois.
(2)
The portion of subsection 810.01(4.1) of the Act before paragraph (a) is replaced by the following:

2009, c. 22, s. 19(2) Conditions in recognizance

(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable for preventing the commission of an offence referred to in subsection (1), including conditions that require the defendant

(3)
Subsection 810.01(4.1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e):
(f)
to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(g)
to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

— 2011, c. 7, s. 9

9. Subsection 810.1(3.02) of the Act is amended by striking out “or” at the end of paragraph (f) and by adding the following after paragraph (g):

(h)
require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(i)
require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the

recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

— 2011, c. 7, s. 10

10. Subsection 810.2(4.1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e):

(f)
to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(g)
to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

— 2011, c. 7, s. 11

11. The Act is amended by adding the following after section 810.2:

Samples — designations and specifications

810.3 (1) For the purposes of sections 810, 810.01, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

(a)
designate the persons or classes of persons that may take samples of bodily substances;
(b)
designate the places or classes of places at which the samples are to be taken;
(c)
specify the manner in which the samples are to be taken;
(d)
specify the manner in which the samples are to be analyzed;
(e)
specify the manner in which the samples are to be stored, handled and
destroyed;

(f)
specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
(g)
designate the persons or classes of persons that may destroy the samples; and
(h)
designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
Further designations
(2)
Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons
(a)
to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.1(3.02)(h) and 810.2(4.1)(f); and
(b)
to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.1(3.02)(i) and 810.2(4.1)(g).
Restriction
(3)
Samples of bodily substances referred to in sections 810, 810.01, 810.1 and

810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

Destruction of samples

(4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01,

810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

Regulations

(5)
The Governor in Council may make regulations
(a)
prescribing bodily substances for the purposes of sections 810, 810.01, 810.1 and 810.2;
(b)
respecting the designations and specifications referred to in subsections (1) and (2);
(c)
prescribing the periods within which samples of bodily substances are to be destroyed under subsection (4); and
(d)
respecting any other matters relating to the samples of bodily substances.
Notice — samples at regular intervals
(6)
The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

Prohibition on use of bodily substance

810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

Prohibition on use or disclosure of result

(2)
Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.1 or 810.2.
Exception
(3)
The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.
Offence
(4)
Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

— 2011, c. 7, s. 12

12. The Act is amended by adding the following after section 811:
Proof of certificate of analyst — bodily substance

811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

Definition of “analyst”

(2)
In this section, “analyst” has the same meaning as in subsection 254(1). Notice of intention to produce certificate
(3)
No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
Requiring attendance of analyst
(4)
The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

— 2011, c. 7, s. 13

13. Part XXVIII of the Act is amended by adding the following after Form 50:

FORM 51

(Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g),
810.1(3.02)(i) and 810,2(4.1)(g))

NOTICE OF OBLIGATION TO PROVIDE SAMPLES OF BODILY
SUBSTANCE

To A.B., of ................, (occupation), (address in Canada), (date of birth),
(gender):

Because, on (date), you were ordered, under (applicable provision) of the Criminal Code, to provide samples of a bodily substance prescribed by regulation at regular intervals for the purpose of analysis; You are provided with this notice to inform you of your obligations with respect to providing samples.

  1. On (specify a day not earlier than 24 hours after the day on which the notice is served), you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation).
  2. Every (specify a number not less than seven) days after you first report to provide a sample, you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation).
  3. You have the right to apply to a court to terminate the obligation to provide samples, and the right to appeal any decision of that court.
  4. If you are found to have not complied with your obligation to provide samples as set out in this notice, you may be subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, you may be subject to proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment).
  5. The results of the analysis of the bodily substances may be used or disclosed in accordance with the Criminal Code, including in proceedings against you, the result of which may be that you are subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, including in proceedings under section

742.6 of the Criminal Code, the consequences of which may include imprisonment).

Served on (date), at (place the notice is served).

..................................................

(Signature of probation officer, supervisor or person designated by the Attorney General or Minister of Justice, as the case may be)
















































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Code criminel

L.R.C., 1985, ch. C-46

Loi concernant le droit criminel

TITRE ABRÉGÉ Titre abrégé

1. Code criminel.

S.R., ch. C-34, art. 1.

DÉFINITIONS ET INTERPRÉTATION Définitions

2. Les définitions qui suivent s’appliquent à la présente loi.

« acte d’accusation »

“indictment”

« acte d’accusation » Sont assimilés à un acte d’accusation :

a) une dénonciation ou un chef d’accusation qui y est inclus;

b) une défense, une réplique ou autre pièce de plaidoirie;

c) tout procès-verbal ou dossier.

« acte de gangstérisme » [Abrogée, 2001, ch. 32, art. 1]

« acte testamentaire »

“testamentary instrument”

« acte testamentaire » Tout testament, codicille ou autre écrit ou disposition testamentaire, soit du vivant du testateur dont il est censé exprimer les dernières volontés, soit après son décès, qu’il ait trait à des biens meubles ou immeubles, ou à des biens des deux catégories.

« activité terroriste »

“terrorist activity”

« activité terroriste » S’entend au sens du paragraphe 83.01(1).

« agent »

“representative”

« agent » S’agissant d’une organisation, tout administrateur, associé, employé, membre, mandataire ou entrepreneur de celle-ci.

« agent de la paix »

“peace officer”

« agent de la paix »

a) Tout maire, président de conseil de comté, préfet, shérif, shérif adjoint, officier du shérif et juge de paix;

b) tout agent du Service correctionnel du Canada, désigné comme agent de la paix conformément à la partie I de la Loi sur le système correctionnel et la mise en liberté sous condition, ainsi que tout directeur, sous-directeur, instructeur, gardien, geôlier, garde et tout autre fonctionnaire ou employé permanent d’une prison qui n’est pas un pénitencier au sens de la partie I de la Loi sur le système correctionnel et la mise en liberté sous condition;

c) tout officier de police, agent de police, huissier ou autre personne employée à la préservation et au maintien de la paix publique ou à la signification ou à l’exécution des actes judiciaires au civil;

d) tout fonctionnaire ou personne possédant les pouvoirs d’un agent sous le régime de la Loi sur les douanes ou d’un préposé sous le régime de la Loi sur l’accise ou de la Loi de 2001 sur l’accise lorsqu’il exerce une fonction en application d’une de ces lois;

d.1) tout agent autorisé au titre du paragraphe 138(1) de la Loi sur l’immigration et la protection des réfugiés;

e) les personnes désignées à titre de gardes-pêche en vertu de la Loi sur les pêches, dans l’exercice des fonctions que leur confère cette loi, et celles qui sont désignées à titre d’agents des pêches en vertu de cette loi, dans l’exercice des fonctions que leur confère cette loi ou la Loi sur la protection des pêches côtières;

f) le pilote commandant un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada en vertu de ces règlements,

pendant que l’aéronef est en vol;

g) les officiers et militaires du rang des Forces canadiennes qui sont :

(i) soit nommés pour l’application de l’article 156 de la Loi sur la défense nationale,

(ii) soit employés à des fonctions que le gouverneur en conseil, dans des règlements pris en vertu de la Loi sur la défense nationale pour l’application du présent alinéa, a prescrites comme étant d’une telle sorte que les officiers et les militaires du rang qui les exercent doivent nécessairement avoir les pouvoirs des agents de la paix.

« approvisionnements publics »

“public stores”

« approvisionnements publics » S’entend notamment de tout bien meuble qui est sous les soins, la surveillance, l’administration ou le contrôle d’un ministère public ou d’une personne au service d’un tel ministère.

« arme »

“weapon”

« arme » Toute chose conçue, utilisée ou qu’une personne entend utiliser pour soit tuer ou blesser quelqu’un, soit le menacer ou l’intimider. Sont notamment visées par la présente définition les armes à feu.

« arme à feu »

“firearm”

« arme à feu » Toute arme susceptible, grâce à un canon qui permet de tirer du plomb, des balles ou tout autre projectile, d’infliger des lésions corporelles graves ou la mort à une personne, y compris une carcasse ou une boîte de culasse d’une telle arme ainsi que toute chose pouvant être modifiée pour être utilisée comme telle.

« arme offensive »

“offensive weapon”

« arme offensive » A le même sens que le mot « arme ».

« avocat »

“counsel”

« avocat » Avocat ou procureur, à l’égard des matières ou choses que les avocats et procureurs, respectivement, sont autorisés par la loi de la province à faire ou à exécuter quant aux procédures judiciaires.

« bétail »

“cattle”

« bétail » Animal de l’espèce bovine, quel que soit le nom technique ou ordinaire sous lequel il est connu. Sont également visés par la présente définition les chevaux, les mulets, les ânes, les porcs, les moutons et les chèvres.

« bien infractionnel »

“offence-related property”

« bien infractionnel » Bien situé au Canada ou à l’extérieur du Canada qui sert ou donne lieu à la perpétration d’un acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers, ou qui est utilisé de quelque manière dans la perpétration d’un tel acte, ou encore qui est destiné à servir à une telle fin.

« biens » ou « propriété »

“property”

« biens » ou « propriété »

a) Les biens meubles et immeubles de tous genres, ainsi que les actes et instruments concernant ou constatant le titre ou droit à des biens, ou conférant le droit de recouvrer ou de recevoir de l’argent ou des marchandises;

b) des biens originairement en la possession ou sous le contrôle d’une personne, et tous biens en lesquels ou contre lesquels ils ont été convertis ou échangés et tout ce qui a été acquis au moyen de cette conversion ou de cet échange;

c) toute carte postale, tout timbre-poste ou autre timbre émis, ou préparé pour être émis, sous l’autorité du Parlement ou de la législature d’une province en vue du paiement, à la Couronne ou à une personne morale, d’honoraires, de droits ou de taxes, que les susdits soient ou non en la possession de la Couronne ou de quelque personne.

« billet de banque »

“bank-note”

« billet de banque » Tout effet négociable :

a) émis par ou pour une personne qui fait des opérations bancaires au Canada ou à l’étranger;

b) émis sous l’autorité du Parlement ou sous l’autorité légitime du gouvernement d’un État étranger,

destiné à être employé comme argent ou comme équivalent d’argent, dès son émission ou à une date ultérieure. Sont compris parmi les effets négociables le papier de banque et les effets postaux de banque.

« cadre supérieur »

“senior officer”

« cadre supérieur » Agent jouant un rôle important dans l’élaboration des orientations de l’organisation visée ou assurant la gestion d’un important domaine d’activités de celle-ci, y compris, dans le cas d’une personne morale, l’administrateur, le premier dirigeant ou le directeur financier.

« chef d’accusation »

“count”

« chef d’accusation » Inculpation dans une dénonciation ou un acte d’accusation.

« circonscription territoriale »

“territorial division”

« circonscription territoriale » S’entend d’une province, d’un comté, d’une union de comtés, d’un canton, d’une ville, d’une paroisse ou de toute autre circonscription ou localité judiciaire que vise le contexte.

« conjoint de fait »

“common-law partner”

« conjoint de fait »La personne qui vit avec la personne en cause dans une relation conjugale depuis au moins un an.

« contrevenant »

“offender”

« contrevenant » Personne dont la culpabilité à l’égard d’une infraction a été déterminée par le tribunal, soit par acceptation de son plaidoyer de culpabilité soit en la déclarant coupable.

« cour d’appel »

“court of appeal”

« cour d’appel »

a) Dans la province de l’Île-du-Prince-Édouard, la Section d’appel de la Cour suprême;

b) dans les autres provinces, la Cour d’appel.

« cour de juridiction criminelle »

“court of criminal jurisdiction”

« cour de juridiction criminelle »

a) Cour de sessions générales ou trimestrielles de la paix, lorsqu’elle est présidée par un juge d’une cour supérieure;

a.1) dans la province de Québec, la Cour du Québec, la Cour municipale de Montréal et la Cour municipale de Québec;

b) juge de la cour provinciale ou juge agissant sous l’autorité de la partie XIX;

c) dans la province d’Ontario, la Cour de justice de l’Ontario.

« cour supérieure de juridiction criminelle »

“superior court of criminal jurisdiction”

« cour supérieure de juridiction criminelle »

a) Dans la province d’Ontario, la Cour d’appel ou la Cour supérieure de justice;

b) dans la province de Québec, la Cour supérieure;

c) dans la province de l’Île-du-Prince-Édouard, la Cour suprême;

d) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, la Cour d’appel ou la Cour du Banc de la Reine;

e) dans les provinces de la Nouvelle-Écosse, de la Colombie-Britannique et de Terre- Neuve, la Cour suprême ou la Cour d’appel;

f) au Yukon, la Cour suprême;

g) dans les Territoires du Nord-Ouest, la Cour suprême;

h) dans le territoire du Nunavut, la Cour de justice du Nunavut.

« course de rue »

“street racing”

« course de rue » Épreuve de vitesse entre des véhicules à moteur dans une rue, un chemin ou une grande route ou tout autre lieu public.

« écrit »

“writing”

« écrit » Document de quelque nature qu’il soit et tout mode d’après lequel et toute matière sur laquelle des mots ou chiffres, au long ou en abrégé, sont écrits, imprimés ou autrement énoncés ou sur laquelle une carte ou un plan est inscrit.

« enfant nouveau-né » ou « nouveau-né »

“newly-born child”

« enfant nouveau-né » ou « nouveau-né » Personne âgée de moins d’un an.

« épave »

“wreck”

« épave » Sont assimilés à une épave la cargaison, les approvisionnements, agrès et apparaux d’un navire, ainsi que toutes les parties d’un navire qui en sont séparées, de même que les biens des personnes qui font partie de l’équipage d’un navire naufragé, échoué ou en détresse en quelque endroit du Canada, ou qui sont à bord d’un tel navire ou l’ont quitté.

« fiduciaire »

“trustee”

« fiduciaire » Personne qui est déclarée fiduciaire par une loi ou qui, en vertu du droit d’une province, est fiduciaire, et, notamment, un fiduciaire aux termes d’une fiducie explicite établie par acte, testament ou instrument écrit, ou verbalement.

« fonctionnaire public »

“public officer”

« fonctionnaire public » S’entend notamment :

a) d’un agent des douanes ou d’un préposé de l’accise;

b) d’un officier des Forces canadiennes;

c) d’un officier de la Gendarmerie royale du Canada;

d) de tout fonctionnaire pendant qu’il est occupé à faire observer les lois fédérales sur le revenu, les douanes, l’accise, le commerce ou la navigation.

« Forces canadiennes »

“Canadian Forces”

« Forces canadiennes » Les forces armées de Sa Majesté levées par le Canada.

« forces de Sa Majesté »

“Her Majesty’s Forces”

« forces de Sa Majesté » Les forces navales, les forces de l’armée et les forces aériennes de Sa Majesté, où qu’elles soient levées, y compris les Forces canadiennes.

« gang » [Abrogée, 2001, ch. 32, art. 1]

« greffier du tribunal »

“clerk of the court”

« greffier du tribunal » Personne, sous quelque nom ou titre qu’elle puisse être désignée, qui remplit, à l’occasion, les fonctions de greffier du tribunal.

« groupe terroriste »

“terrorist group”

« groupe terroriste » S’entend au sens du paragraphe 83.01(1).

« inaptitude à subir son procès »

“unfit to stand trial”

« inaptitude à subir son procès » Incapacité de l’accusé en raison de troubles mentaux d’assumer sa défense, ou de donner des instructions à un avocat à cet effet, à toute étape des procédures, avant que le verdict ne soit rendu, et plus particulièrement incapacité de :

a) comprendre la nature ou l’objet des poursuites;

b) comprendre les conséquences éventuelles des poursuites;

c) communiquer avec son avocat.

« infraction de terrorisme »

“terrorism offence”

« infraction de terrorisme »

a) Infraction visée à l’un des articles 83.02 à 83.04 et 83.18 à 83.23;

b) acte criminel — visé par la présente loi ou par une autre loi fédérale — commis au profit ou sous la direction d’un groupe terroriste, ou en association avec lui;

c) acte criminel visé par la présente loi ou par une autre loi fédérale et dont l’élément matériel — acte ou omission — constitue également une activité terroriste;

d) complot ou tentative en vue de commettre l’infraction visée à l’un des alinéas a) à c) ou, relativement à une telle infraction, complicité après le fait ou encouragement à la perpétration.

« infraction d’organisation criminelle »

“criminal organization offence”

« infraction d’organisation criminelle »

a) Soit une infraction prévue aux articles 467.11, 467.12 ou 467.13 ou une infraction grave commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.

« infraction grave »

“serious offence”

« infraction grave » S’entend au sens du paragraphe 467.1(1).

« installation gouvernementale ou publique »

“government or public facility”

« installation gouvernementale ou publique » Toute installation ou tout moyen de transport de caractère permanent ou temporaire qui est utilisé ou occupé par des représentants d’un État, des membres du gouvernement, du parlement ou de la magistrature, ou des agents ou personnels d’un État ou de toute autre autorité ou entité publique, ou par des agents ou personnels d’une organisation intergouvernementale, dans le cadre de leurs fonctions officielles.

« jour »

“day”

« jour » La période comprise entre six heures et vingt et une heures le même jour.

« juge de la cour provinciale »

“provincial court judge”

« juge de la cour provinciale » Toute personne qu’une loi de la législature d’une province nomme juge ou autorise à agir comme juge, quel que soit son titre, et qui a les pouvoirs d’au moins deux juges de paix. La présente définition vise aussi les substituts légitimes de ces personnes.

« juge de paix »

“justice”

« juge de paix » Juge de paix ou juge de la cour provinciale, y compris deux ou plusieurs juges de paix lorsque la loi exige qu’il y ait deux ou plusieurs juges de paix pour agir ou quand, en vertu de la loi, ils agissent ou ont juridiction.

« lésions corporelles »

“bodily harm”

« lésions corporelles » Blessure qui nuit à la santé ou au bien-être d’une personne et qui n’est pas de nature passagère ou sans importance.

« loi »

“Act”

« loi » S’entend notamment :

a) d’une loi fédérale;

b) d’une loi de la législature de l’ancienne province du Canada;

c) d’une loi provinciale;

d) d’une loi ou ordonnance de la législature d’une province, d’un territoire ou d’un endroit, en vigueur au moment où cette province, ce territoire ou cet endroit est devenu une province du Canada.

« loi militaire »

“military law”

« loi militaire » Toutes lois, tous règlements ou toutes ordonnances sur les Forces canadiennes.

« magistrat » [Abrogée, L.R. (1985), ch. 27 (1er suppl.), art. 2]

« maison d’habitation »

“dwelling-house”

« maison d’habitation » L’ensemble ou toute partie d’un bâtiment ou d’une construction tenu ou occupé comme résidence permanente ou temporaire, y compris :

a) un bâtiment qui se trouve dans la même enceinte qu’une maison d’habitation et qui y est relié par une baie de porte ou par un passage couvert et clos;

b) une unité qui est conçue pour être mobile et pour être utilisée comme résidence permanente ou temporaire et qui est ainsi utilisée.

« matériel ferroviaire »

“railway equipment”

« matériel ferroviaire » Toute machine conçue exclusivement pour le déplacement, autonome ou non, sur les voies ferrées. Y est assimilé tout véhicule pouvant circuler ailleurs que sur ces voies et dont le dispositif permettant le déplacement sur rail est en service.

« militaire »

“military”

« militaire » Se rapporte à tout ou partie des Forces canadiennes.

« minéraux précieux »

“valuable mineral”

« minéraux précieux » Les minéraux valant au moins cent dollars le kilogramme, les métaux précieux et les diamants et autres gemmes; y sont assimilés les roches ou les minerais en contenant.

« ministère public »

“public department”

« ministère public » Ministère du gouvernement du Canada, ou section d’un tel ministère, ou conseil, office, bureau, commission, personne morale ou autre organisme qui est mandataire de Sa Majesté du chef du Canada.

« municipalité »

“municipality”

« municipalité » La personne morale d’une ville, d’un village, d’un comté, d’un canton, d’une paroisse ou d’une autre circonscription territoriale ou locale d’une province, dont les habitants sont constitués en personne morale ou ont le droit de détenir collectivement des biens à une fin publique.

« nuit »

“night”

« nuit » La période comprise entre vingt et une heures et six heures le lendemain.

« opération des Nations Unies »

“United Nations operation”

« opération des Nations Unies » Opération constituée par l’organe compétent de l’Organisation des Nations Unies conformément à la Charte des Nations Unies et menée sous l’autorité et la surveillance des Nations Unies si elle vise à maintenir ou à rétablir la paix et la sécurité internationales ou si le Conseil de sécurité ou l’Assemblée générale a déclaré, pour l’application de la Convention sur la sécurité du personnel des Nations Unies et du personnel associé, qu’il existe un risque exceptionnel pour la sécurité du personnel participant à l’opération; est exclue l’opération des Nations Unies autorisée par

le Conseil de sécurité en tant qu’action coercitive en vertu du chapitre VII de la Charte des Nations Unies dans le cadre de laquelle du personnel est engagé pour combattre des forces armées organisées et à laquelle s’applique le droit des conflits armés internationaux.

« organisation »

“organization”

« organisation » Selon le cas :

a) corps constitué, personne morale, société, compagnie, société de personnes, entreprise, syndicat professionnel ou municipalité;

b) association de personnes qui, à la fois :

(i) est formée en vue d’atteindre un but commun,

(ii) est dotée d’une structure organisationnelle,

(iii) se présente au public comme une association de personnes.

« organisation criminelle »

“criminal organization”

« organisation criminelle » S’entend au sens du paragraphe 467.1(1).

« personne associée au système judiciaire »

“justice system participant”

« personne associée au système judiciaire »

a) Tout membre du Sénat, de la Chambre des communes, d’une législature ou d’un conseil municipal;

b) toute personne qui joue un rôle dans l’administration de la justice pénale, notamment :

(i) le ministre de la Sécurité publique et de la Protection civile et tout ministre provincial chargé de la sécurité publique,

(ii) le poursuivant, l’avocat, le membre de la Chambre des notaires du Québec ou le fonctionnaire judiciaire,

(iii) le juge ou juge de paix,

(iv) la personne assignée ou choisie à titre de juré,

(v) l’informateur, la personne susceptible d’être assignée comme témoin, celle qui l’a été et celle qui a déjà témoigné,

(vi) l’agent de la paix visé aux alinéas b), c), d), e) ou g) de la définition de ce terme,

(vii) le membre du personnel civil d’une force policière,

(viii) le membre du personnel administratif d’un tribunal,

(viii.1) le fonctionnaire public, au sens du paragraphe 25.1(1), et la personne agissant sous sa direction,

(ix) le membre du personnel de l’Agence du revenu du Canada qui participe à une enquête relative à une infraction à une loi fédérale,

(ix.1) le membre du personnel de l’Agence des services frontaliers du Canada qui participe à une enquête relative à une infraction à une loi fédérale,

(x) l’employé d’un service correctionnel fédéral ou provincial, le surveillant de liberté conditionnelle ou toute autre personne qui participe à l’exécution des peines sous l’autorité d’un tel service ou la personne chargée, sous le régime de la Loi sur le système correctionnel et la mise en liberté sous condition, de la tenue des audiences relatives aux infractions disciplinaires,

(xi) le membre ou l’employé de la Commission nationale des libérations conditionnelles ou d’une commission des libérations conditionnelles provinciale.

« personne d’esprit faible » [Abrogée, 1991, ch. 43, art. 9]

« personne jouissant d’une protection internationale »

“internationally protected person”

« personne jouissant d’une protection internationale »

a) Tout chef d’État, y compris chaque membre d’un organe collégial remplissant en vertu de la constitution de l’État considéré les fonctions de chef d’État, tout chef de gouvernement ou tout ministre des affaires étrangères, lorsqu’une telle personne se trouve dans un État autre que celui dans lequel elle occupe ces fonctions;

b) tout membre de la famille d’une personne visée à l’alinéa a) qui accompagne cette personne dans un État autre que celui dans lequel celle-ci occupe ces fonctions;

c) tout représentant, fonctionnaire ou personnalité officielle d’un État et tout fonctionnaire, personnalité officielle ou agent d’une organisation internationale de type intergouvernemental, pourvu que cette personne bénéficie en vertu du droit international, à la date et au lieu où une infraction visée au paragraphe 7(3) est commise contre sa personne ou contre un bien qu’elle utilise, visé à l’article 431, d’une protection spéciale contre toute atteinte à sa personne, sa liberté ou sa dignité;

d) tout membre de la famille d’un représentant, d’un fonctionnaire, d’une personnalité officielle ou d’un agent visé à l’alinéa c) qui fait partie de son ménage, pourvu que ce représentant, ce fonctionnaire, cette personnalité officielle ou cet agent bénéficie en vertu du droit international, à la date et au lieu où une infraction visée au paragraphe 7(3) est commise contre ce membre de sa famille ou contre un bien utilisé par ce dernier et visé à l’article 431, d’une protection spéciale contre toute atteinte à sa personne, sa liberté ou sa dignité.

« personnel associé »

“associated personnel”

« personnel associé » Les personnes ci-après qui exercent des activités dans le cadre d’une opération des Nations Unies :

a) les personnes affectées par un gouvernement ou une organisation intergouvernementale avec l’accord de l’organe compétent de l’Organisation des Nations Unies;

b) les personnes engagées par le Secrétaire général de l’Organisation des Nations Unies, par une institution spécialisée de cette organisation ou par l’Agence internationale de l’énergie atomique;

c) les personnes affectées par une organisation non gouvernementale humanitaire en vertu d’un accord avec le Secrétaire général de l’Organisation des Nations Unies, par une institution spécialisée de cette organisation ou par l’Agence internationale de l’énergie atomique.

« personnel des Nations Unies »

“United Nations personnel”

« personnel des Nations Unies » :

a) Les personnes engagées ou affectées par le Secrétaire général de l’Organisation des Nations Unies en tant que membres des éléments militaire, policier ou civil d’une opération des Nations Unies;

b) les autres fonctionnaires et experts en mission pour l’Organisation des Nations Unies ou ses institutions spécialisées ou pour l’Agence internationale de l’énergie atomique qui sont présents à titre officiel dans la zone où une opération des Nations Unies est menée.

« plaignant »

“complainant”

« plaignant » La victime de l’infraction présumée.

« poursuivant »

“prosecutor”

« poursuivant » Le procureur général ou, lorsque celui-ci n’intervient pas, la personne qui intente des poursuites en vertu de la présente loi. Est visé par la présente définition tout avocat agissant pour le compte de l’un ou de l’autre.

« prison »

“prison”

« prison »Tout endroit où des personnes inculpées ou déclarées coupables d’infractions sont ordinairement détenues sous garde, y compris tout pénitencier, prison commune, prison publique, maison de correction, poste de police ou corps de garde.

« procureur général »

“Attorney General”

« procureur général »

a) Sous réserve des alinéas b.1) à g), à l’égard des poursuites ou procédures visées par la présente loi, le procureur général ou le solliciteur général de la province où ces poursuites sont intentées ou ces procédures engagées ou leur substitut légitime;

b) le procureur général du Canada ou son substitut légitime, à l’égard :

(i) du Yukon, des Territoires du Nord-Ouest et du Nunavut,

(ii) des poursuites engagées à la demande du gouvernement du Canada et menées par ce dernier ou en son nom quant à une contravention à une loi fédérale autre que la présente loi ou à ses règlements d’application, une tentative ou un complot en vue d’y contrevenir ou le fait de conseiller une telle contravention;

b.1) à l’égard des poursuites pour toute infraction visée au paragraphe 7(2.01), le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces poursuites sont intentées ou le substitut légitime de l’un ou l’autre;

c) à l’égard des poursuites pour toute infraction de terrorisme ou infraction prévue aux articles 57, 58, 83.12, 424.1 ou 431.1, ou pour infraction prévue aux articles 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 ou 279.1 contre un membre du personnel des Nations Unies ou du personnel associé, le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces poursuites sont intentées ou le substitut légitime de l’un ou l’autre;

d) à l’égard des poursuites soit pour toute infraction visée au paragraphe 7(3.71), soit pour toute infraction visée à l’alinéa a) de la définition de « activité terroriste » au paragraphe 83.01(1) dont l’élément matériel — action ou omission — a été commis à l’étranger mais est réputé commis au Canada aux termes des paragraphes 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) ou (3.73), le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces poursuites sont intentées ou le substitut légitime de l’un ou l’autre;

e) à l’égard des poursuites pour infraction dont l’élément matériel — action ou omission — constitue une activité terroriste visée à l’alinéa b) de la définition de « activité terroriste » au paragraphe 83.01(1) et est commis à l’étranger mais réputé, aux termes des paragraphes 7(3.74) ou (3.75), commis au Canada, le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces poursuites sont intentées ou le substitut légitime de l’un ou l’autre;

f) à l’égard des procédures visées aux articles 83.13, 83.14, 83.28, 83.29 ou 83.3, le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces procédures sont engagées ou le substitut légitime de l’un ou l’autre;

g) à l’égard des poursuites relatives aux infractions prévues aux articles 380, 382, 382.1 et 400, le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces poursuites sont engagées ou le substitut légitime de l’un ou l’autre.

« quiconque », « individu », « personne » et « propriétaire »

“every one”, “person” and “owner”

« quiconque », « individu », « personne » et « propriétaire » Sont notamment visées par ces expressions et autres expressions semblables Sa Majesté et les organisations.

« substance explosive »

“explosive substance”

« substance explosive » S’entend notamment :

a) de toute chose destinée à être employée dans la fabrication d’une substance explosive;

b) de toute chose, ou partie d’une chose, employée ou destinée à être employée pour causer ou aider à causer, ou adaptée de façon à causer ou à aider à causer, une explosion dans une substance explosive ou avec une telle substance;

c) d’une grenade incendiaire, d’une bombe incendiaire, d’un cocktail molotov ou d’une autre substance ou d’un mécanisme incendiaire semblable ou d’une minuterie ou d’une autre chose utilisable avec l’une de ces substances ou l’un de ces mécanismes.

« titre de bien-fonds »

“document of title to lands”

« titre de bien-fonds » Tout écrit qui constitue ou renferme la preuve du titre, ou d’une partie du titre, à un bien immeuble, ou à un intérêt dans un tel bien, ainsi que toute copie notariée, ou toute copie émise par un registrateur, d’un tel écrit, de même que le double de tout instrument, mémoire, certificat ou document, autorisé ou exigé par une loi en vigueur dans une partie du Canada concernant l’enregistrement de titres, qui porte sur le titre à un bien immeuble ou à un intérêt dans un tel bien.

« titre de marchandises »

“document of title to goods”

« titre de marchandises » Bordereau d’achat et de vente délivré à l’acheteur et au vendeur, connaissement, mandat, certificat ou ordre portant livraison ou transfert de marchandises ou de quelque autre chose ayant de la valeur, et tout autre document employé dans le cours ordinaire des affaires comme preuve de la possession ou du contrôle de marchandises, autorisant, ou étant donné comme autorisant, par endossement ou livraison, la personne ayant la possession du document à transférer ou recevoir toute marchandise représentée par ce titre, ou y mentionnée ou indiquée.

« troubles mentaux »

“mental disorder”

« troubles mentaux » Toute maladie mentale.

« valeur » ou « effet appréciable »

“valuable security”

« valeur » ou « effet appréciable »

a) Ordre, quittance de l’échiquier ou autre valeur donnant droit, ou constatant le titre de quelque personne :

(i) soit à une action ou à un intérêt dans un stock ou fonds public ou dans tout fonds d’une personne morale, d’une compagnie ou d’une société,

(ii) soit à un dépôt dans une institution financière;

b) débenture, titre, obligation, billet, lettre, mandat, ordre ou autre garantie d’argent ou garantie du paiement d’argent;

c) titre de bien-fonds ou de marchandises, où qu’ils se trouvent;

d) timbre ou écrit qui assure ou constate un titre à un bien ou droit mobilier, ou à un intérêt dans ce bien ou droit, ou qui constate la livraison d’un bien ou droit mobilier;

e) décharge, reçu, quittance ou autre instrument constatant le paiement de deniers.

« véhicule à moteur »

“motor vehicle”

« véhicule à moteur » À l’exception du matériel ferroviaire, véhicule tiré, mû ou propulsé par tout moyen autre que la force musculaire.

« victime »

“victim”

« victime » S’entend notamment de la victime d’une infraction présumée.

« voie publique » ou « grande route »

“highway”

« voie publique » ou « grande route » Chemin auquel le public a droit d’accès, y compris les ponts ou tunnels situés sur le parcours d’un chemin.

« voler »

“steal”

« voler » Le fait de commettre un vol.

L.R. (1985), ch. C-46, art. 2; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (1er suppl.), art. 2 et 203, ch. 31 (1er suppl.), art. 61, ch. 1 (2e suppl.), art. 213, ch. 27 (2e suppl.), art. 10,

ch. 35 (2e suppl.), art. 34, ch. 32 (4e suppl.), art. 55, ch. 40 (4e suppl.), art. 2; 1990, ch. 17, art. 7; 1991, ch. 1, art. 28, ch. 40, art. 1, ch. 43, art. 1 et 9; 1992, ch. 20, art. 216, ch. 51, art. 32; 1993, ch. 28, art. 78, ch. 34, art. 59; 1994, ch. 44, art. 2; 1995, ch. 29, art. 39 et 40, ch. 39, art. 138; 1997, ch. 23, art. 1; 1998, ch. 30, art. 14; 1999, ch. 3, art. 25, ch. 5, art. 1, ch. 25, art. 1(préambule), ch. 28, art. 155; 2000, ch. 12, art. 91, ch. 25, art. 1(F); 2001, ch. 32, art. 1, ch. 41, art. 2 et 131; 2002, ch. 7, art. 137, ch. 22, art. 324; 2003, ch. 21, art. 1; 2004, ch. 3, art. 1; 2005, ch. 10, art. 34, ch. 38, art. 58, ch. 40, art. 1 et 7; 2006, ch. 14, art. 1; 2007, ch. 13, art. 1.

Version précédente

Autres définitions liées aux armes à feu

2.1 Dans la présente loi, « arbalète », « arme à autorisation restreinte », « arme à feu à autorisation restreinte », « arme à feu historique », « arme à feu prohibée », « arme automatique », « arme de poing », « arme prohibée », « chargeur », « dispositif prohibé », « fausse arme à feu », « munitions », « munitions prohibées » et « réplique », ainsi que « autorisation », « certificat d’enregistrement » et « permis » lorsqu’ils sont employés à l’égard de ces termes, s’entendent au sens du paragraphe 84(1).

2009, ch. 22, art. 1.

Renvois descriptifs

3. Dans la présente loi, les mots entre parenthèses qui, dans un but purement descriptif d’une matière donnée, suivent un renvoi à une autre disposition de la présente loi ou de toute autre loi ne font pas partie de la disposition où ils apparaissent et sont réputés y avoir été insérés pour la seule commodité de la consultation.

1976-77, ch. 53, art. 2.

PARTIE I Dispositions générales Prise d’effet

3.1 Toute action prise par un tribunal, un juge de paix ou un juge prend effet immédiatement, qu’elle soit ou non consignée, sauf disposition contraire ou décision contraire.

2002, ch. 13, art. 2.

Une carte postale est un bien meuble

4. (1) Pour l’application de la présente loi, une carte postale ou un timbre mentionné à l’alinéa c) de la définition de « biens » ou « propriété » à l’article 2 est censé un bien meuble et d’une valeur égale au montant du port, de la taxe ou du droit exprimé à sa face.

Valeur d’un effet appréciable

(2) Pour l’application de la présente loi, les règles suivantes s’appliquent en vue de déterminer la valeur d’un effet appréciable lorsque la valeur est essentielle :

a) s’il s’agit d’un effet appréciable mentionné à l’alinéa a) ou b) de la définition de « valeur » ou « effet appréciable » à l’article 2, la valeur est celle de l’action, de l’intérêt, du dépôt ou du montant impayé, selon le cas, qui est garanti par l’effet appréciable;

b) s’il s’agit d’un effet appréciable mentionné à l’alinéa c) ou d) de la définition de « valeur » ou « effet appréciable » à l’article 2, la valeur est celle des biens-fonds, des marchandises, du bien ou droit mobilier ou de l’intérêt dans ce bien ou droit, selon le cas;

c) s’il s’agit d’un effet appréciable mentionné à l’alinéa e) de la définition de « valeur » ou « effet appréciable » à l’article 2, la valeur est la somme d’argent qui a été payée.

Possession

(3) Pour l’application de la présente loi :

a) une personne est en possession d’une chose lorsqu’elle l’a en sa possession personnelle ou que, sciemment :

(i) ou bien elle l’a en la possession ou garde réelle d’une autre personne,

(ii) ou bien elle l’a en un lieu qui lui appartient ou non ou qu’elle occupe ou non, pour son propre usage ou avantage ou celui d’une autre personne;

b) lorsqu’une de deux ou plusieurs personnes, au su et avec le consentement de l’autre ou des autres, a une chose en sa garde ou possession, cette chose est censée en la garde et possession de toutes ces personnes et de chacune d’elles.

Expressions tirées d’autres lois

(4) Lorsqu’une infraction visée par la présente loi se rattache à un sujet traité dans une autre loi, les termes employés dans la présente loi à l’égard de cette infraction s’entendent, sous réserve des autres dispositions de la présente loi, au sens de cette autre loi.

Rapports sexuels

(5) Pour l’application de la présente loi, les rapports sexuels sont complets s’il y a pénétration même au moindre degré et bien qu’il n’y ait pas émission de semence.

Preuve de signification

(6) Pour l’application de la présente loi, la signification de tout document ou la remise ou l’envoi de tout avis peut être prouvé :

a) oralement sous serment ou par l’affidavit ou la déclaration solennelle de la personne qui l’a effectué;

b) par la déclaration écrite d’un agent de la paix portant qu’il a signifié le document ou remis ou envoyé l’avis, cette déclaration étant réputée être faite sous serment.

Preuve de signification conforme aux lois provinciales

(6.1) Par dérogation au paragraphe (6), la preuve de la signification de tout document peut se faire en conformité avec le droit provincial applicable à la poursuite des infractions provinciales.

Présence pour interrogatoire

(7) Malgré les paragraphes (6) et (6.1), le tribunal peut demander à la personne qui semble avoir signé un affidavit, une déclaration solennelle ou une déclaration écrite conforme à l’un de ces paragraphes d’être présente pour interrogatoire ou contre­ interrogatoire sur la preuve de la signification ou de la remise ou de l’envoi de l’avis.

L.R. (1985), ch. C-46, art. 4; L.R. (1985), ch. 27 (1er suppl.), art. 3; 1994, ch. 44, art. 3; 1997, ch. 18, art. 2; 2008, ch. 18, art. 1.

Version précédente

Aucun effet sur les Forces canadiennes

5. La présente loi n’a pas pour effet de porter atteinte à l’une des lois relatives à l’administration des Forces canadiennes.

S.R., ch. C-34, art. 4.

Présomption d’innocence

6. (1) Lorsqu’une disposition crée une infraction et prévoit une peine à son égard :

a) une personne est réputée ne pas être coupable de l’infraction tant qu’elle n’a pas été déclarée coupable de l’infraction ou tant qu’elle n’en a pas été absoute en vertu de l’article 730;

b) une personne qui est déclarée coupable d’une telle infraction ou qui en est absoute en vertu de l’article 730 n’encourt à son égard aucune autre peine que celle que prévoit la présente loi ou la disposition qui crée l’infraction.

Infraction commise à l’étranger

(2) Sous réserve des autres dispositions de la présente loi ou de toute autre loi fédérale, nul ne doit être déclaré coupable d’une infraction commise à l’étranger ou absous en vertu de l’article 730 à l’égard de celle-ci.

Définition de « disposition »

(3) Au présent article, « disposition » désigne :

a) une loi fédérale ou un règlement d’application de celle-ci;

b) une loi de la législature d’une province qui crée une infraction à laquelle s’applique la partie XXVII, ou un règlement d’application de celle-ci.

L.R. (1985), ch. C-46, art. 6; L.R. (1985), ch. 27 (1er suppl.), art. 4, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 10.

Infractions commises à bord d’un aéronef

7. (1) Nonobstant les autres dispositions de la présente loi ou toute autre loi, quiconque :

a) soit à bord d’un aéronef ou relativement à un aéronef :

(i) ou bien immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) ou bien loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada en vertu de ces règlements,

pendant que l’aéronef est en vol;

b) soit à bord de tout aéronef, pendant que celui-ci est en vol, si le vol s’est terminé au Canada,

commet dans les limites du Canada ou à l’étranger une action ou omission qui, si elle était commise au Canada, constituerait une infraction punissable sur acte d’accusation, est réputé avoir commis cette action ou omission au Canada.

Idem

(2) Nonobstant les autres dispositions de la présente loi ou toute autre loi, quiconque commet à l’étranger :

a) soit à bord d’un aéronef pendant qu’il est en vol, une action ou omission qui, si elle était commise au Canada ou à bord d’un aéronef immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique, constituerait une infraction aux termes de l’article 76 ou de l’alinéa 77a);

b) soit relativement à un aéronef en service, une action ou omission qui, si elle était commise au Canada, constituerait une infraction aux termes de l’alinéa 77b), c) ou e);

c) soit relativement à une installation utilisée pour la navigation aérienne internationale, une action ou omission qui, si elle était commise au Canada, constituerait une infraction aux termes de l’alinéa 77d);

d) soit relativement à un aéroport servant à l’aviation civile internationale, une action ou omission qui, si elle était commise au Canada, constituerait une infraction aux termes de l’alinéa 77b) ou f);

e) soit une action ou omission qui, si elle était commise au Canada, constituerait un conseil à une autre personne de commettre une infraction visée au présent paragraphe ou un cas de complicité après le fait, une tentative ou un complot à l’égard d’une telle infraction,

est réputé avoir commis cette action ou omission au Canada s’il y est trouvé après leur commission.

Infractions à l’égard d’un bien culturel

(2.01) Malgré toute autre disposition de la présente loi ou toute autre loi, quiconque commet à l’étranger un acte — action ou omission — qui, s’il était commis au Canada, constituerait une infraction visée à l’un des articles 322, 341, 344, 380, 430 et 434 à l’égard d’un bien culturel au sens de l’article premier de la convention ou, relativement à une telle infraction, un complot ou une tentative ou un cas de complicité après le fait ou d’encouragement à la perpétration, est réputé commettre l’acte au Canada si, selon le cas :

a) il a la citoyenneté canadienne;

b) il n’a la citoyenneté d’aucun État et réside habituellement au Canada;

c) il est un résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés et se trouve au Canada après la commission de l’acte.

Définition de « convention »

(2.02) Pour l’application du paragraphe (2.01), « convention » s’entend de la Convention pour la protection des biens culturels en cas de conflit armé, conclue à La Haye le 14 mai 1954 et dont l’article premier est reproduit à l’annexe de la Loi sur l’exportation et l’importation de biens culturels.

Infractions contre une plate-forme fixe ou la navigation maritime (eaux internationales)

(2.1) Nonobstant les autres dispositions de la présente loi ou toute autre loi, la personne qui, à l’étranger, commet contre une plate-forme fixe attachée au plateau continental d’un État ou contre un navire qui navigue dans des eaux situées au-delà de la mer territoriale d’un État ou, selon son plan de route, doit naviguer dans ces eaux — ou commet à leur bord — un acte par action ou omission qui, s’il était commis au Canada, constituerait une infraction, un complot, une tentative, un conseil ou une complicité après le fait à l’égard d’une infraction mentionnée à l’article 78.1, est réputée avoir commis cet acte au Canada, lorsqu’il est commis :

a) contre une plate-forme fixe attachée au plateau continental du Canada ou à son bord;

b) contre un navire immatriculé, visé par un permis ou à l’égard duquel un numéro d’enregistrement a été accordé sous le régime d’une loi fédérale ou à bord d’un tel navire;

c) par un citoyen canadien;

d) par une personne qui n’a la citoyenneté d’aucun État et réside habituellement au Canada;

e) par une personne présente au Canada après la commission de l’infraction;

f) de façon à retenir, blesser ou tuer, ou menacer de blesser ou tuer, un citoyen canadien;

g) dans le but de contraindre le gouvernement du Canada à accomplir un acte quelconque ou à s’en abstenir.

Infractions contre une plate-forme fixe ou la navigation maritime (eaux intérieures et mer territoriale étrangères)

(2.2) Nonobstant les autres dispositions de la présente loi ou toute autre loi, la personne qui, à l’étranger, commet contre une plate-forme fixe qui n’est pas attachée au plateau continental d’un État ou contre un navire qui ne navigue pas dans les eaux situées au-delà de la mer territoriale d’un État ou, selon son plan de route, ne doit pas naviguer dans ces eaux — ou commet à leur bord — un acte par action ou omission qui, s’il était commis au Canada, constituerait une infraction, un complot, une tentative, un conseil ou une complicité après le fait à l’égard d’une infraction mentionnée à l’article 78.1, est réputée avoir commis cet acte au Canada si l’acte est commis par une personne ou d’une façon mentionnées aux alinéas (2.1)b) à g) et si le contrevenant est trouvé sur le territoire d’un État autre que celui où l’acte a été commis et que cet État est partie :

a) soit à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, signée à Rome le 10 mars 1988, dans le cas d’une infraction commise contre un navire ou à son bord;

b) soit au Protocole sur la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, signé à Rome le 10 mars 1988, dans le cas d’une infraction commise contre une plate-forme fixe ou à son bord.

Station spatiale : membre d’équipage canadien

(2.3) Nonobstant les autres dispositions de la présente loi ou de toute autre loi, le membre d’équipage canadien qui accomplit, hors du Canada au cours d’un vol spatial soit à bord d’un élément de vol de la station spatiale ou relativement à tel élément, soit à bord d’un moyen de transport effectuant la navette avec la station, un fait — acte ou omission — qui, s’il était accompli au Canada, constituerait une infraction punissable par acte d’accusation, est réputé avoir accompli ce fait au Canada.

Station spatiale : membre d’équipage d’un État partenaire

(2.31) Nonobstant les autres dispositions de la présente loi ou de toute autre loi, le membre d’équipage d’un État partenaire qui accomplit, hors du Canada au cours d’un vol spatial soit à bord d’un élément de vol de la station spatiale ou relativement à tel élément, soit à bord d’un moyen de transport spatial effectuant la navette avec la station, un fait — acte ou omission — qui, s’il était accompli au Canada, constituerait une infraction punissable par acte d’accusation, est réputé avoir accompli ce fait au Canada dans les cas suivants :

a) le fait a porté atteinte à la vie ou à la sécurité d’un membre d’équipage canadien;

b) le fait est survenu à bord d’un élément de vol fourni par le Canada, ou relativement à tel élément, ou l’a endommagé.

Pouvoirs du procureur général du Canada

(2.32) Par dérogation à la définition de « procureur général » à l’article 2, le procureur général du Canada peut intenter des poursuites pour une infraction visée aux paragraphes (2.3) ou (2.31). À cette fin, il a tous les pouvoirs et fonctions attribués au procureur général sous le régime de la présente loi.

Consentement du procureur général du Canada

(2.33) Les poursuites pour une infraction visée aux paragraphes (2.3) ou (2.31) ne peuvent être intentées qu’avec le consentement du procureur général du Canada.

Définitions

(2.34) Les définitions qui suivent s’appliquent au présent paragraphe et aux paragraphes (2.3) et (2.31).

« Accord »

“Agreement”

« Accord » S’entend au sens de la définition de ce terme à l’article 2 de la Loi de mise en oeuvre de l’Accord sur la Station spatiale internationale civile.

« élément de vol »

“flight element”

« élément de vol » Élément de la station spatiale fourni par le Canada ou un État partenaire dans le cadre de l’Accord et de tout mémorandum d’accord ou arrangement d’exécution conclu pour la mise en oeuvre de l’Accord.

« État partenaire »

“Partner State”

« État partenaire » Chaque partie contractante, sauf le Canada, pour laquelle l’Accord est entré en vigueur en conformité avec son article 25.

« membre d’équipage canadien »

“Canadian crew member”

« membre d’équipage canadien » Tout membre de l’équipage de la station spatiale qui est :

a) soit un citoyen canadien;

b) soit un citoyen étranger ressortissant d’un État autre qu’un État partenaire qui est habilité par le Canada à agir au cours d’un vol spatial en tant que membre d’équipage à bord d’un élément de vol ou relativement à tel élément.

« membre d’équipage d’un État partenaire »

“crew member of a Partner State”

« membre d’équipage d’un État partenaire » Tout membre de l’équipage de la station spatiale qui est :

a) soit un citoyen d’un État partenaire;

b) soit un citoyen ressortissant d’un État autre qu’un État partenaire qui est habilité par celui-ci à agir au cours d’un vol spatial en tant que membre d’équipage à bord d’un élément de vol ou relativement à tel élément.

« station spatiale »

“Space Station”

« station spatiale » La Station spatiale internationale civile, une installation polyvalente placée sur orbite terrestre basse et composée d’éléments de vol et d’éléments au sol spécifiques fournis par les États partenaires ou pour leur compte.

« vol spatial »

“space flight”

« vol spatial » La période commençant au moment du lancement d’un membre d’équipage de la station spatiale, se poursuivant pendant son séjour en orbite et se terminant au moment de son retour sur terre.

Infraction contre une personne jouissant d’une protection internationale

(3) Malgré toute autre disposition de la présente loi ou toute autre loi, tout acte commis par action ou omission, à l’étranger, contre une personne jouissant d’une protection internationale ou contre un bien qu’elle utilise, visé à l’article 431, et qui, s’il était commis au Canada, constituerait une infraction à l’un des articles 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 à 283, 424 et 431 est réputé commis au Canada dans les cas suivants :

a) cet acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale, ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) cet acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada en vertu de ces règlements;

c) l’auteur de l’acte ou de l’omission a la citoyenneté canadienne ou se trouve au Canada après la commission de l’acte ou de l’omission;

d) l’acte est commis :

(i) soit contre une personne jouissant d’une protection internationale en raison des fonctions qu’elle exerce pour le compte du Canada,

(ii) soit contre tout membre de la famille d’une personne visée au sous-alinéa (i) remplissant les conditions prévues aux alinéas b) ou d) de la définition de « personne jouissant d’une protection internationale », à l’article 2.

Infraction concernant les prises d’otages

(3.1) Nonobstant les autres dispositions de la présente loi ou toute autre loi, tout acte commis par action ou omission, à l’étranger, et qui, s’il était commis au Canada, constituerait une infraction à l’article 279.1 est réputé commis au Canada dans les cas suivants :

a) cet acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale, ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) cet acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada en vertu de ces règlements;

c) l’auteur de l’acte :

(i) soit a la citoyenneté canadienne,

(ii) soit n’a la citoyenneté d’aucun État et réside habituellement au Canada;

d) l’acte est commis avec l’intention d’inciter Sa Majesté du chef du Canada ou d’une province à commettre ou à faire faire un acte par action ou omission;

e) la personne prise en otage à la suite d’un acte commis par action ou omission a la citoyenneté canadienne;

f) l’auteur de l’acte ou de l’omission se trouve au Canada après la commission du geste.

Infraction concernant des matières nucléaires

(3.2) Nonobstant les autres dispositions de la présente loi ou toute autre loi, dans les cas où :

a) d’une part, une personne, à l’étranger, reçoit des matières nucléaires, en a en sa possession, les utilise, en cède la possession, les envoie ou les livre à une personne, les transporte, les modifie, les jette, les disperse ou les abandonne et par ce fait :

(i) soit cause ou est susceptible de causer la mort d’une personne ou des blessures graves à celle-ci,

(ii) soit cause ou est susceptible de causer des dommages importants à un bien ou la destruction de celui-ci;

b) d’autre part, l’acte commis par action ou omission visé à l’alinéa a), s’il était commis au Canada, constituerait une infraction à la présente loi,

cette personne est réputée avoir commis cet acte par action ou omission au Canada si l’alinéa (3.5)a), b) ou c) s’applique à l’égard de celui-ci.

Idem

(3.3) Nonobstant les autres dispositions de la présente loi ou toute autre loi, la personne qui, à l’étranger, commet un acte par action ou omission qui, s’il était commis au Canada, constituerait :

a) soit un complot ou une tentative dans le but de commettre;

b) soit une complicité après le fait concernant;

c) soit un conseil concernant,

un acte par action ou omission qui constitue une infraction aux termes du paragraphe (3.2) est réputée avoir commis cet acte au Canada si l’alinéa (3.5)a), b) ou c) s’applique à l’égard de celui-ci.

Idem

(3.4) Nonobstant les autres dispositions de la présente loi ou toute autre loi, la personne qui, à l’étranger, commet un acte, par action ou omission, qui, s’il était commis au Canada, constituerait une infraction, un complot, une tentative, un conseil ou une complicité après le fait à l’égard d’une infraction :

a) à l’article 334, 341, 344 ou 380 ou à l’alinéa 362(1)a) concernant des matières nucléaires;

b) à l’article 346 relativement à la menace de commettre une infraction à l’article 334 ou 344 concernant des matières nucléaires;

c) à l’article 423 relativement à une demande de matières nucléaires;

d) à l’alinéa 264.1(1)a) ou b) relativement à la menace d’utiliser des matières nucléaires,

est réputée avoir commis cet acte par action ou omission au Canada si l’alinéa (3.5)a), b) ou c) s’applique à l’égard de celui-ci.

Idem

(3.5) Pour l’application des paragraphes (3.2) à (3.4), tout acte commis par action ou omission est réputé commis au Canada dans les cas suivants :

a) cet acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale, ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) cet acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada en vertu de ces règlements;

c) l’auteur de l’acte a la citoyenneté canadienne ou se trouve au Canada après la commission de l’acte ou de l’omission.

Définition de « matières nucléaires »

(3.6) Pour l’application du présent article, « matières nucléaires » désigne :

a) le plutonium, sauf le plutonium dont la concentration d’isotope de plutonium-238 est supérieure à quatre-vingts pour cent;

b) l’uranium-233;

c) l’uranium contenant de l’uranium-233 ou de l’uranium-235 ou les deux à la fois en quantité telle que le rapport de l’abondance isotopique de la somme de ces isotopes sur l’isotope d’uranium-238 est supérieur à 0,72 pour cent;

d) l’uranium dont la concentration d’isotope est égale à celle qu’on retrouve à l’état naturel;

e) toute substance contenant une des choses visées aux alinéas a) à d).

La présente définition exclut toutefois l’uranium sous la forme de minerai ou de résidu de minerai.

Torture

(3.7) Nonobstant les autres dispositions de la présente loi ou toute autre loi, la personne qui, à l’étranger, commet un acte par action ou omission qui, s’il était commis au Canada, constituerait une infraction, un complot, une tentative, un conseil ou une complicité après le fait à l’égard d’une infraction à l’article 269.1, est réputée avoir commis cet acte au Canada si, selon le cas :

a) l’acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) l’acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef au Canada en vertu de ces règlements;

c) l’auteur de l’acte a la citoyenneté canadienne;

d) le plaignant a la citoyenneté canadienne;

e) l’auteur de l’acte se trouve au Canada après la perpétration de celui-ci.

Infraction : Nations Unies ou personnel associé

(3.71) Malgré toute autre disposition de la présente loi ou toute autre loi, quiconque commet, à l’étranger, un acte — action ou omission — contre un membre du personnel des Nations Unies ou du personnel associé ou contre des biens visés à l’article 431.1, qui, s’il était commis au Canada, constituerait une infraction aux articles 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 ou 431.1 ou, relativement à une telle infraction, un complot ou une tentative ou un cas de complicité après le fait ou d’encouragement à la perpétration, est réputé avoir commis l’acte au Canada dans les cas suivants :

a) l’acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale, ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) l’acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada au titre des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada sous le régime de ces règlements;

c) l’auteur de l’acte :

(i) soit a la citoyenneté canadienne,

(ii) soit n’a la citoyenneté d’aucun État et réside habituellement au Canada;

d) l’auteur de l’acte se trouve au Canada après la commission;

e) l’acte est commis contre un citoyen canadien;

f) l’acte est commis dans le but de contraindre le gouvernement du Canada ou d’une province à accomplir un acte quelconque ou à s’en abstenir.

Infraction : engin explosif ou autre engin meurtrier

(3.72) Malgré toute autre disposition de la présente loi ou toute autre loi, quiconque commet, à l’étranger, un acte — action ou omission — qui, s’il était commis au Canada, constituerait une infraction à l’article 431.2 ou, relativement à une telle infraction, un complot ou une tentative ou un cas de complicité après le fait ou d’encouragement à la perpétration, est réputé avoir commis l’acte au Canada dans les cas suivants :

a) l’acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale, ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) l’acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada sous le régime de ces règlements,

(iii) soit mis en service par le gouvernement du Canada ou pour son compte;

c) l’auteur de l’acte :

(i) soit a la citoyenneté canadienne,

(ii) soit n’a la citoyenneté d’aucun État et réside habituellement au Canada;

d) l’auteur de l’acte se trouve au Canada après la commission;

e) l’acte est commis contre un citoyen canadien;

f) l’acte est commis dans le but de contraindre le gouvernement du Canada ou d’une province à accomplir un acte quelconque ou à s’en abstenir;

g) l’acte est commis contre une installation gouvernementale ou publique canadienne située à l’étranger.

Infraction concernant le financement du terrorisme

(3.73) Malgré toute autre disposition de la présente loi ou toute autre loi, quiconque commet, à l’étranger, un acte — action ou omission — qui, s’il était commis au Canada, constituerait une infraction à l’article 83.02 ou, relativement à une telle infraction, un complot ou une tentative ou un cas de complicité après le fait ou d’encouragement à la perpétration, est réputé avoir commis l’acte au Canada, dans les cas suivants :

a) l’acte est commis à bord d’un navire qui est immatriculé en conformité avec une loi fédérale, ou à l’égard duquel un permis ou un numéro d’identification a été délivré en conformité avec une telle loi;

b) l’acte est commis à bord d’un aéronef :

(i) soit immatriculé au Canada en vertu des règlements d’application de la Loi sur l’aéronautique,

(ii) soit loué sans équipage et mis en service par une personne remplissant, aux termes des règlements d’application de la Loi sur l’aéronautique, les conditions d’inscription comme propriétaire d’un aéronef immatriculé au Canada en vertu de ces règlements;

c) l’auteur de l’acte :

(i) soit a la citoyenneté canadienne,

(ii) soit n’a la citoyenneté d’aucun État et réside habituellement au Canada;

d) l’auteur de l’acte se trouve au Canada après la commission;

e) l’acte est commis en vue de la perpétration d’un acte prévu aux alinéas 83.02a) ou b) dans le but de contraindre le gouvernement du Canada ou d’une province à accomplir un acte quelconque ou à s’en abstenir;

f) l’acte est commis contre une installation gouvernementale ou publique canadienne située à l’étranger, en vue de commettre un acte prévu aux alinéas 83.02a) ou b);

g) l’acte est commis en vue de commettre, au Canada ou contre un citoyen canadien, un acte prévu aux alinéas 83.02a) ou b).

Infraction de terrorisme commise à l’étranger

(3.74) Malgré toute autre disposition de la présente loi ou toute autre loi, quiconque commet à l’étranger un acte — action ou omission — qui, s’il était commis au Canada, constituerait une infraction de terrorisme — à l’exception de l’infraction prévue à l’article 83.02 et de l’infraction visée à l’alinéa a) de la définition de « activité terroriste », au paragraphe 83.01(1) — est réputé commettre l’acte au Canada si, selon le cas :

a) il a la citoyenneté canadienne;

b) il n’a la citoyenneté d’aucun État et réside habituellement au Canada;

c) il est un résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés et se trouve au Canada après la commission de l’acte.

Infraction de terrorisme commise à l’étranger

(3.75) Malgré toute autre disposition de la présente loi ou toute autre loi, quiconque commet à l’étranger un acte — action ou omission — qui, s’il était commis au Canada, constituerait à la fois un acte criminel et une activité terroriste visée à l’alinéa b) de la définition de « activité terroriste » au paragraphe 83.01(1), est réputé commettre l’acte au Canada dans l’un ou l’autre des cas suivants :

a) la personne contre laquelle l’acte est commis a la citoyenneté canadienne;

b) l’acte est commis contre une installation gouvernementale ou publique canadienne située à l’étranger;

c) l’acte est commis dans le but de contraindre le gouvernement du Canada ou d’une province à accomplir un acte quelconque ou à s’en abstenir.

(3.76) et (3.77) [Abrogés, 2000, ch. 24, art. 42]

Infractions commises par des employés de la fonction publique

(4) Quiconque, alors qu’il occupe un emploi à titre de fonctionnaire au sens de la Loi sur l’emploi dans la fonction publique dans un lieu situé à l’étranger, commet dans ce lieu une action ou omission qui constitue une infraction en vertu des lois de ce lieu et qui, si elle avait été commise au Canada, constituerait une infraction punissable sur acte d’accusation, est censé avoir commis l’action ou l’omission au Canada.

Infraction relative aux infractions d’ordre sexuel impliquant des enfants

(4.1) Malgré les autres dispositions de la présente loi ou toute autre loi, le citoyen canadien ou le résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés qui, à l’étranger, est l’auteur d’un fait — acte ou omission — qui, s’il était commis au Canada, constituerait une infraction aux articles 151, 152, 153, 155 ou 159, aux paragraphes 160(2) ou (3), aux articles 163.1, 170, 171 ou 173 ou au paragraphe 212(4) est réputé l’avoir commis au Canada.

(4.2) [Abrogé, 2002, ch. 13, art. 3]

Consentement du procureur général

(4.3) Les procédures relatives à un acte — ou une omission — , réputés avoir été commis au Canada aux termes du paragraphe (4.1) ne peuvent être engagées qu’avec le consentement du procureur général.

Compétence

(5) Lorsqu’il est allégué qu’une personne a commis, par action ou omission, un acte ou un fait constituant une infraction visée au présent article, des procédures peuvent être engagées à l’égard de cette infraction dans toute circonscription territoriale au Canada que l’accusé soit ou non présent au Canada et il peut subir son procès et être puni à l’égard de cette infraction comme si elle avait été commise dans cette circonscription territoriale.

Comparution de l’accusé lors du procès

(5.1) Les dispositions de la présente loi concernant :

a) l’obligation pour un accusé d’être présent et de demeurer présent lors des procédures;

b) les exceptions à cette obligation,

s’appliquent aux procédures engagées dans une circonscription territoriale en conformité avec le paragraphe (5).

Cas d’un jugement antérieur rendu à l’étranger

(6) Lorsqu’il est allégué qu’une personne a commis, par action ou omission, un acte ou un fait constituant une infraction en raison du présent article et que cette personne a subi son procès et a été traitée à l’étranger à l’égard de l’infraction de manière que, si elle avait subi son procès ou avait été traitée au Canada, elle pourrait invoquer les moyens de défense d’autrefois acquit, d’autrefois convict ou de pardon, elle est réputée avoir subi son procès et avoir été traitée au Canada.

L’accusé n’est pas citoyen canadien

(7) Si l’accusé n’a pas la citoyenneté canadienne, il est mis fin aux poursuites à l’égard desquelles les tribunaux ont compétence aux termes du présent article, sauf si le procureur général du Canada donne son consentement au plus tard huit jours après qu’elles ont été engagées.

Définition de « vol » et « voler »

(8) Pour l’application du présent article, de la définition de « agent de la paix » à l’article 2 et des articles 27.1, 76 et 77, « vol » et « voler » s’entendent du fait ou de l’action de se déplacer dans l’air et un aéronef est réputé être en vol depuis le moment où, l’embarquement étant terminé, toutes ses portes extérieures sont fermées jusqu’au moment où se réalise celui des événements suivants qui est postérieur à l’autre :

a) une des portes est ouverte en vue du débarquement;

b) lorsque l’aéronef fait un atterrissage forcé dans des circonstances où son propriétaire ou exploitant ou une personne agissant pour leur compte n’a pas le contrôle de l’aéronef, le contrôle de l’aéronef est rendu à son propriétaire ou exploitant ou à une personne agissant pour leur compte.

Définition de « en service »

(9) Pour l’application du présent article et de l’article 77, un aéronef est réputé être en service depuis le moment où le personnel non navigant ou son équipage commence les préparatifs pour un vol déterminé de l’appareil jusqu’au moment où se réalise le plus éloigné des événements suivants :

a) le vol est annulé avant que l’aéronef ne soit en vol;

b) vingt-quatre heures se sont écoulées après que l’aéronef, ayant commencé le vol, atterrit;

c) l’aéronef, ayant commencé le vol, cesse d’être en vol.

Certificat du ministre des Affaires étrangères

(10) Lors de poursuites intentées en vertu de la présente loi, tout certificat apparemment délivré par le ministre des Affaires étrangères ou en son nom est admissible en preuve, sans qu’il soit nécessaire de prouver l’authenticité de la signature qui y est apposée ou la qualité officielle du signataire, et fait foi jusqu’à preuve contraire des faits qu’il énonce et qui ont trait à la question de savoir si une personne fait partie du personnel des Nations Unies ou du personnel associé ou a droit, conformément au droit international, à la protection contre toute atteinte ou menace d’atteinte à sa personne, à sa liberté ou à sa dignité.

Idem

(11) Est admissible en preuve sans qu’il soit nécessaire de prouver l’authenticité de la signature qui y est apposée ou la qualité officielle du signataire, et fait foi de son contenu le certificat censé délivré par le ministre des Affaires étrangères ou en son nom, attestant la participation d’un État à un conflit armé contre le Canada ou son alliance avec celui-ci dans un conflit armé à une époque donnée, l’application ou non au Canada d’une convention, d’un traité ou d’une autre entente internationale à une époque donnée, la participation ou non du Canada à ceux-ci, ou la décision ou non du Canada de les appliquer dans un conflit armé auquel il a participé.

L.R. (1985), ch. C-46, art. 7; L.R. (1985), ch. 27 (1er suppl.), art. 5, ch. 10 (3e suppl.), art. 1, ch. 30 (3e suppl.), art. 1, ch. 1 (4e suppl.), art. 18(F); 1992, ch. 1, art. 58 et 60(F); 1993, ch. 7, art. 1; 1995, ch. 5, art. 25; 1997, ch. 16, art. 1; 1999, ch. 35, art. 11; 2000, ch. 24, art. 42; 2001, ch. 27, art. 244, ch. 41, art. 3 et 126; 2002, ch. 13, art. 3; 2004, ch. 12, art. 1; 2005, ch. 40, art. 2.

Version précédente

Application aux territoires

8. (1) Les dispositions de la présente loi s’appliquent partout au Canada, sauf :

a) au Yukon, en tant qu’elles sont incompatibles avec la Loi sur le Yukon;

b) dans les Territoires du Nord-Ouest, en tant qu’elles sont incompatibles avec la Loi sur les Territoires du Nord-Ouest;

c) dans le territoire du Nunavut, en tant qu’elles sont incompatibles avec la Loi sur le Nunavut.

Application du droit criminel d’Angleterre

(2) Le droit criminel d’Angleterre qui était en vigueur dans une province immédiatement avant le 1er avril 1955 demeure en vigueur dans la province, sauf en tant qu’il est changé, modifié ou atteint par la présente loi ou toute autre loi fédérale.

Principes de la common law maintenus

(3) Chaque règle et chaque principe de la common law qui font d’une circonstance une justification ou excuse d’un acte, ou un moyen de défense contre une inculpation, demeurent en vigueur et s’appliquent à l’égard des poursuites pour une infraction visée par la présente loi ou toute autre loi fédérale, sauf dans la mesure où ils sont modifiés par la présente loi ou une autre loi fédérale ou sont incompatibles avec l’une d’elles.

L.R. (1985), ch. C-46, art. 8; 1993, ch. 28, art. 78; 2002, ch. 7, art. 138.

Version précédente

Les infractions criminelles doivent tomber sous le coup de la loi canadienne

9. Nonobstant toute autre disposition de la présente loi ou de quelque autre loi, nul ne peut être déclaré coupable ou absous en vertu de l’article 730 des infractions suivantes :

a) une infraction en common law;

b) une infraction tombant sous le coup d’une loi du Parlement d’Angleterre ou de Grande-Bretagne, ou du Royaume-Uni de Grande-Bretagne et d’Irlande;

c) une infraction visée par une loi ou ordonnance en vigueur dans une province, un territoire ou un endroit, avant que cette province, ce territoire ou cet endroit ne devînt une province du Canada.

Toutefois le présent article n’a pas pour effet de porter atteinte au pouvoir, à la juridiction ou à l’autorité qu’un tribunal, juge, juge de paix ou juge de la cour provinciale possédait, immédiatement avant le 1er avril 1955, d’imposer une peine pour outrage au tribunal.

L.R. (1985), ch. C-46, art. 9; L.R. (1985), ch. 27 (1er suppl.), art. 6, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 10.

Appel

10. (1) Lorsqu’un tribunal, juge, juge de paix ou juge de la cour provinciale déclare, par procédure sommaire, une personne coupable d’outrage au tribunal, commis en présence du tribunal, et impose une peine à cet égard, cette personne peut interjeter appel :

a) soit de la déclaration de culpabilité;

b) soit de la peine imposée.

Idem

(2) Lorsqu’un tribunal ou juge déclare, par procédure sommaire, une personne coupable d’un outrage au tribunal, non commis en présence du tribunal, et qu’une peine est imposée à cet égard, cette personne peut interjeter appel :

a) soit de la déclaration de culpabilité;

b) soit de la peine imposée.

La partie XXI s’applique

(3) Appel en vertu du présent article peut être interjeté à la cour d’appel de la province où les procédures sont exercées, et, pour l’application du présent article, la partie XXI s’applique, compte tenu des adaptations de circonstance.

L.R. (1985), ch. C-46, art. 10; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Recours civil non suspendu

11. Aucun recours civil pour un acte ou une omission n’est suspendu ou atteint du fait que l’acte ou omission constitue une infraction criminelle.

S.R., ch. C-34, art. 10.

Infraction punissable en vertu de plusieurs lois

12. Lorsqu’un acte ou une omission constitue une infraction visée par plusieurs lois fédérales, qu’elle soit punissable sur acte d’accusation ou déclaration de culpabilité par procédure sommaire, une personne qui accomplit l’acte ou fait l’omission devient, à moins que l’intention contraire ne soit manifeste, assujettie aux procédures que prévoit l’une ou l’autre de ces lois, mais elle n’est pas susceptible d’être punie plus d’une fois pour la même infraction.

S.R., ch. C-34, art. 11.

Enfant de moins de douze ans

13. Nul ne peut être déclaré coupable d’une infraction à l’égard d’un acte ou d’une omission de sa part lorsqu’il était âgé de moins de douze ans.

S.R., ch. C-34, art. 12; 1980-81-82-83, ch. 110, art. 72.

Consentement à la mort

14. Nul n’a le droit de consentir à ce que la mort lui soit infligée, et un tel consentement n’atteint pas la responsabilité pénale d’une personne par qui la mort peut être infligée à celui qui a donné ce consentement.

S.R., ch. C-34, art. 14.

Obéissance aux lois de facto

15. Nul ne peut être déclaré coupable d’une infraction à l’égard d’un acte ou d’une omission en exécution des lois alors édictées et appliquées par les personnes possédant de facto le pouvoir souverain dans et sur le lieu où se produit l’acte ou l’omission.

S.R., ch. C-34, art. 15.

Troubles mentaux

16. (1) La responsabilité criminelle d’une personne n’est pas engagée à l’égard d’un acte ou d’une omission de sa part survenu alors qu’elle était atteinte de troubles mentaux qui la rendaient incapable de juger de la nature et de la qualité de l’acte ou de l’omission, ou de savoir que l’acte ou l’omission était mauvais.

Présomption

(2) Chacun est présumé ne pas avoir été atteint de troubles mentaux de nature à ne pas engager sa responsabilité criminelle sous le régime du paragraphe (1); cette présomption peut toutefois être renversée, la preuve des troubles mentaux se faisant par prépondérance des probabilités.

Charge de la preuve

(3) La partie qui entend démontrer que l’accusé était affecté de troubles mentaux de nature à ne pas engager sa responsabilité criminelle a la charge de le prouver.

L.R. (1985), ch. C-46, art. 16; L.R. (1985), ch. 27 (1er suppl.), art. 185(F); 1991, ch. 43, art. 2.

Contrainte par menaces

17. Une personne qui commet une infraction, sous l’effet de la contrainte exercée par des menaces de mort immédiate ou de lésions corporelles de la part d’une personne présente lorsque l’infraction est commise, est excusée d’avoir commis l’infraction si elle croit que les menaces seront mises à exécution et si elle ne participe à aucun complot ou aucune association par laquelle elle est soumise à la contrainte. Toutefois, le présent article ne s’applique pas si l’infraction commise est la haute trahison ou la trahison, le meurtre, la piraterie, la tentative de meurtre, l’agression sexuelle, l’agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles, l’agression sexuelle grave, le rapt, la prise d’otage, le vol qualifié, l’agression armée ou infliction de lésions corporelles, les voies de fait graves, l’infliction illégale de lésions corporelles, le crime d’incendie ou l’une des infractions visées aux articles 280 à 283 (enlèvement et séquestration d’une jeune personne).

L.R. (1985), ch. C-46, art. 17; L.R. (1985), ch. 27 (1er suppl.), art. 40.

Contrainte d’un conjoint

18. Il n’y a aucune présomption qu’une personne mariée commettant une infraction agit ainsi par contrainte du seul fait qu’elle la commet en présence de son conjoint.

S.R., ch. C-34, art. 18; 1980-81-82-83, ch. 125, art. 4.

Ignorance de la loi

19. L’ignorance de la loi chez une personne qui commet une infraction n’excuse pas la perpétration de l’infraction.

S.R., ch. C-34, art. 19.

Certains actes peuvent être validement faits les jours fériés

20. Un mandat ou une sommation autorisés par la présente loi ou une citation à comparaître, une promesse de comparaître, une promesse ou un engagement délivrés, remis ou contractés en conformité avec les parties XVI, XXI ou XXVII peuvent être décernés, délivrés, exécutés, remis ou contractés, selon le cas, un jour férié.

S.R., ch. C-34, art. 20; S.R., ch. 2(2e suppl.), art. 2.

Participants aux infractions Participants à une infraction

21. (1) Participent à une infraction :

a) quiconque la commet réellement;

b) quiconque accomplit ou omet d’accomplir quelque chose en vue d’aider quelqu’un à la commettre;

c) quiconque encourage quelqu’un à la commettre.

Intention commune

(2) Quand deux ou plusieurs personnes forment ensemble le projet de poursuivre une fin illégale et de s’y entraider et que l’une d’entre elles commet une infraction en réalisant cette fin commune, chacune d’elles qui savait ou devait savoir que la réalisation de l’intention commune aurait pour conséquence probable la perpétration de l’infraction, participe à cette infraction.

S.R., ch. C-34, art. 21.

Personne qui conseille à une autre de commettre une infraction

22. (1) Lorsqu’une personne conseille à une autre personne de participer à une infraction et que cette dernière y participe subséquemment, la personne qui a conseillé participe à cette infraction, même si l’infraction a été commise d’une manière différente de celle qui avait été conseillée.

Idem

(2) Quiconque conseille à une autre personne de participer à une infraction participe à chaque infraction que l’autre commet en conséquence du conseil et qui, d’après ce que savait ou aurait dû savoir celui qui a conseillé, était susceptible d’être commise en conséquence du conseil.

Définitions de « conseiller » et de « conseil »

(3) Pour l’application de la présente loi, « conseiller » s’entend d’amener et d’inciter, et « conseil » s’entend de l’encouragement visant à amener ou à inciter.

L.R. (1985), ch. C-46, art. 22; L.R. (1985), ch. 27 (1er suppl.), art. 7.

Organisations : infractions de négligence

22.1 S’agissant d’une infraction dont la poursuite exige la preuve de l’élément moral de négligence, toute organisation est considérée comme y ayant participé lorsque :

a) d’une part, l’un de ses agents a, dans le cadre de ses attributions, eu une conduite — par action ou omission — qui, prise individuellement ou collectivement avec celle d’autres de ses agents agissant également dans le cadre de leurs attributions, vaut participation à sa perpétration;

b) d’autre part, le cadre supérieur dont relève le domaine d’activités de l’organisation qui a donné lieu à l’infraction, ou les cadres supérieurs, collectivement, se sont écartés de façon marquée de la norme de diligence qu’il aurait été raisonnable d’adopter, dans les circonstances, pour empêcher la participation à l’infraction.

2003, ch. 21, art. 2.

Organisations : autres infractions

22.2 S’agissant d’une infraction dont la poursuite exige la preuve d’un élément moral autre que la négligence, toute organisation est considérée comme y ayant participé lorsque, avec l’intention, même partielle, de lui en faire tirer parti, l’un de ses cadres supérieurs, selon le cas :

a) participe à l’infraction dans le cadre de ses attributions;

b) étant dans l’état d’esprit requis par la définition de l’infraction, fait en sorte, dans le cadre de ses attributions, qu’un agent de l’organisation accomplisse le fait — action ou omission — constituant l’élément matériel de l’infraction;

c) sachant qu’un tel agent participe à l’infraction, ou est sur le point d’y participer, omet de prendre les mesures voulues pour l’en empêcher.

2003, ch. 21, art. 2.

Complice après le fait

23. (1) Un complice après le fait d’une infraction est celui qui, sachant qu’une personne a participé à l’infraction, la reçoit, l’aide ou assiste en vue de lui permettre de s’échapper.

(2) [Abrogé, 2000, ch. 12, art. 92]

L.R. (1985), ch. C-46, art. 23; 2000, ch. 12, art. 92.

Cas d’immunité d’un coauteur

23.1 Il demeure entendu que les articles 21 à 23 s’appliquent à un accusé même si la personne qu’il a aidée, encouragée, conseillée, amenée, reçue ou assistée ne peut être déclarée coupable de l’infraction.

L.R. (1985), ch. 24 (2e suppl.), art. 45.

Tentatives

24. (1) Quiconque, ayant l’intention de commettre une infraction, fait ou omet de faire quelque chose pour arriver à son but est coupable d’une tentative de commettre l’infraction, qu’il fût possible ou non, dans les circonstances, de la commettre.

Question de droit

(2) Est une question de droit la question de savoir si un acte ou une omission par une personne qui a l’intention de commettre une infraction est ou n’est pas une simple préparation à la perpétration de l’infraction, et trop lointaine pour constituer une tentative de commettre l’infraction.

S.R., ch. C-34, art. 24.

Protection des personnes chargées de l’application et de l’exécution de la loi Protection des personnes autorisées

25. (1) Quiconque est, par la loi, obligé ou autorisé à faire quoi que ce soit dans l’application ou l’exécution de la loi :

a) soit à titre de particulier;

b) soit à titre d’agent de la paix ou de fonctionnaire public;

c) soit pour venir en aide à un agent de la paix ou à un fonctionnaire public;

d) soit en raison de ses fonctions,

est, s’il agit en s’appuyant sur des motifs raisonnables, fondé à accomplir ce qu’il lui est enjoint ou permis de faire et fondé à employer la force nécessaire pour cette fin.

Idem

(2) Lorsqu’une personne est, par la loi, obligée ou autorisée à exécuter un acte judiciaire ou une sentence, cette personne ou toute personne qui l’assiste est, si elle agit de bonne foi, fondée à exécuter l’acte judiciaire ou la sentence, même si ceux-ci sont défectueux ou ont été délivrés sans juridiction ou au-delà de la juridiction.

Quand une personne n’est pas protégée

(3) Sous réserve des paragraphes (4) et (5), une personne n’est pas justifiée, pour l’application du paragraphe (1), d’employer la force avec l’intention de causer, ou de nature à causer la mort ou des lésions corporelles graves, à moins qu’elle n’estime, pour des motifs raisonnables, que cette force est nécessaire afin de se protéger elle-même ou de protéger toute autre personne sous sa protection, contre la mort ou contre des lésions corporelles graves.

Usage de la force en cas de fuite

(4) L’agent de la paix, ainsi que toute personne qui l’aide légalement, est fondé à employer contre une personne à arrêter une force qui est soit susceptible de causer la mort de celle-ci ou des lésions corporelles graves, soit employée dans l’intention de les causer, si les conditions suivantes sont réunies :

a) il procède légalement à l’arrestation avec ou sans mandat;

b) il s’agit d’une infraction pour laquelle cette personne peut être arrêtée sans mandat;

c) cette personne s’enfuit afin d’éviter l’arrestation;

d) lui-même ou la personne qui emploie la force estiment, pour des motifs raisonnables, cette force nécessaire pour leur propre protection ou celle de toute autre personne contre la mort ou des lésions corporelles graves — imminentes ou futures;

e) la fuite ne peut être empêchée par des moyens raisonnables d’une façon moins violente.

Usage de la force en cas d’évasion d’un pénitencier

(5) L’agent de la paix est fondé à employer contre un détenu qui tente de s’évader d’un pénitencier — au sens du paragraphe 2(1) de la Loi sur le système correctionnel et la mise en liberté sous condition — une force qui est soit susceptible de causer la mort de celui-ci ou des lésions corporelles graves, soit employée dans l’intention de les causer, si les conditions suivantes sont réunies :

a) il estime, pour des motifs raisonnables, que ce détenu ou tout autre détenu représente une menace de mort ou de lésions corporelles graves pour lui-même ou toute autre personne;

b) l’évasion ne peut être empêchée par des moyens raisonnables d’une façon moins violente.

L.R. (1985), ch. C-46, art. 25; 1994, ch. 12, art. 1.

Définitions

25.1 (1) Les définitions qui suivent s’appliquent au présent article et aux articles 25.2 à 25.4.

« autorité compétente »

“competent authority”

« autorité compétente » S’agissant d’un fonctionnaire public ou d’un fonctionnaire supérieur :

a) dans le cas d’un membre de la Gendarmerie royale du Canada, le ministre de la Sécurité publique et de la Protection civile lui-même;

b) dans le cas d’un membre d’une force policière constituée sous le régime d’une loi provinciale, le ministre responsable de la sécurité publique dans la province, lui-même;

c) dans le cas de tout autre fonctionnaire public ou fonctionnaire supérieur, le ministre responsable de la loi fédérale que le fonctionnaire est chargé de faire appliquer, lui­ même.

« fonctionnaire public »

“public officer”

« fonctionnaire public » Agent de la paix ou fonctionnaire public disposant des pouvoirs d’un agent de la paix au titre d’une loi fédérale.

« fonctionnaire supérieur »

“senior official”

« fonctionnaire supérieur » Fonctionnaire supérieur chargé du contrôle d’application d’une loi et désigné sous le régime du paragraphe (5).

Principe

(2) Il est d’intérêt public de veiller à ce que les fonctionnaires publics puissent s’acquitter efficacement de leurs fonctions de contrôle d’application des lois conformément au principe de la primauté du droit et, à cette fin, de prévoir expressément dans la loi une justification pour la commission par ces fonctionnaires et les personnes qui agissent sous leur direction d’actes ou d’omissions qui constituent par ailleurs des infractions.

Désignation de fonctionnaires publics

(3) L’autorité compétente peut désigner des fonctionnaires publics pour l’application du présent article et des articles 25.2 à 25.4.

Condition : surveillance civile

(3.1) L’autorité visée aux alinéas a) ou b) de la définition de « autorité compétente », au paragraphe (1), ne peut procéder à la désignation prévue au paragraphe (3) que s’il existe une autorité publique — ne comptant aucun agent de la paix — ayant compétence pour examiner la conduite des fonctionnaires qui seront désignés.

Désignation

(3.2) Le gouverneur en conseil ou le lieutenant-gouverneur en conseil de la province, selon le cas, peut désigner une personne ou un organisme à titre d’autorité publique pour l’application du paragraphe (3.1), et une telle désignation fait foi du fait qu’il s’agit d’une autorité visée à ce paragraphe.

Considérations

(4) L’autorité compétente désigne les fonctionnaires publics au titre du paragraphe (3), sur l’avis d’un fonctionnaire supérieur, en tenant compte de la nature générale de leurs attributions en matière de contrôle d’application des lois et non d’enquêtes ou d’activités particulières en matière de contrôle d’application des lois.

Désignation de fonctionnaires supérieurs

(5) L’autorité compétente peut désigner des fonctionnaires supérieurs pour l’application du présent article et des articles 25.2 à 25.4.

Désignation : situation d’urgence

(6) Le fonctionnaire supérieur peut lui-même désigner le fonctionnaire public pour l’application du présent article et des articles 25.2 à 25.4 pour une période maximale de quarante-huit heures, si les conditions suivantes sont réunies :

a) en raison de l’urgence de la situation, l’autorité compétente peut difficilement le désigner en vertu du paragraphe (3);

b) le fonctionnaire supérieur estime qu’un fonctionnaire public est justifié de commettre un acte ou une omission qui constituerait par ailleurs une infraction.

Il avise sans délai l’autorité compétente de la désignation.

Conditions

(7) Les désignations effectuées en vertu des paragraphes (3) et (6) peuvent être assorties de conditions, notamment en vue de limiter :

a) leur durée;

b) la nature des activités à l’égard desquelles le fonctionnaire public, dans le cadre d’une enquête à leur sujet, pourrait être justifié de commettre un acte ou une omission qui constituerait par ailleurs une infraction, ou d’en ordonner la commission;

c) les actes ou omissions qui constitueraient par ailleurs une infraction et que le fonctionnaire public pourrait être justifié de commettre ou d’en ordonner la commission.

Circonstances donnant lieu à la justification

(8) Le fonctionnaire public est justifié de commettre un acte ou une omission qui constituerait par ailleurs une infraction, ou d’en ordonner la commission au titre du paragraphe (10), si, à la fois :

a) il agit dans le cadre soit d’une enquête relative à des activités criminelles ou à une infraction à une loi fédérale, soit du contrôle d’application d’une telle loi;

b) il a été désigné en vertu des paragraphes (3) ou (6);

c) il croit, pour des motifs raisonnables, que la commission de l’acte ou de l’omission est, par rapport à la nature de l’infraction ou des activités criminelles faisant l’objet de l’enquête, juste et proportionnelle dans les circonstances, compte tenu notamment de la nature de l’acte ou de l’omission, de la nature de l’enquête ainsi que des solutions de rechange acceptables pour s’acquitter de ses fonctions de contrôle d’application de la loi.

Circonstances donnant lieu à la justification

(9) Le fonctionnaire public n’est justifié de commettre un acte ou une omission qui constituerait par ailleurs une infraction et qui entraînerait vraisemblablement la perte de biens ou des dommages importants à ceux-ci, ou d’ordonner la commission d’un acte ou d’une omission au titre du paragraphe (10), que si les conditions prévues aux alinéas (8)a) à c) sont remplies et que si, selon le cas :

a) il y est personnellement autorisé par écrit par un fonctionnaire supérieur qui croit, pour des motifs raisonnables, que la commission de l’acte ou de l’omission est, par rapport à la nature de l’infraction ou des activités criminelles faisant l’objet de l’enquête, juste et proportionnelle dans les circonstances, compte tenu notamment de la nature de l’acte ou de l’omission, de la nature de l’enquête ainsi que des solutions de rechange acceptables pour l’exercice des fonctions de contrôle d’application;

b) il croit, pour des motifs raisonnables, que les conditions pour obtenir l’autorisation prévue à l’alinéa a) sont réunies, mais que son obtention est difficilement réalisable et que l’acte ou l’omission est nécessaire afin :

(i) soit de préserver la vie ou la sécurité d’une personne,

(ii) soit d’éviter de compromettre la confidentialité de l’identité d’un fonctionnaire public ou d’un informateur ou celle d’une personne agissant sous la direction et l’autorité d’un fonctionnaire public,

(iii) soit de prévenir la perte ou la destruction imminentes d’éléments de preuve d’un acte criminel.

Personne agissant sous la direction d’un fonctionnaire public

(10) Une personne est justifiée de commettre un acte ou une omission qui constituerait par ailleurs une infraction si, à la fois :

a) un fonctionnaire public dont elle croit, pour des motifs raisonnables, qu’il y était autorisé, lui en a ordonné la commission;

b) elle croit, pour des motifs raisonnables, l’aider ainsi à s’acquitter de ses fonctions de contrôle d’application de la loi.

Réserve

(11) Le présent article n’a pas pour effet de justifier une personne :

a) de causer, volontairement ou par négligence criminelle, des lésions corporelles à une autre personne ou la mort de celle-ci;

b) de tenter volontairement de quelque manière d’entraver, de détourner ou de contrecarrer le cours de la justice;

c) de commettre un acte qui porte atteinte à l’intégrité sexuelle d’une personne.

Maintien des immunités ou défenses

(12) Le présent article n’a pas pour effet de porter atteinte à la protection et aux défenses et immunités dont jouissent les agents de la paix et d’autres personnes sous le régime du droit canadien.

Observation des exigences

(13) Le présent article n’a pas pour effet de conférer aux fonctionnaires publics une immunité en matière pénale pour toute inobservation des autres exigences applicables à l’obtention d’éléments de preuve.

Réserve : infraction à la Loi réglementant certaines drogues et autres substances

(14) Le présent article n’a pas pour effet de justifier un fonctionnaire public de commettre un acte ou une omission qui constituerait une infraction à une disposition de la partie I de la Loi réglementant certaines drogues et autres substances ou de ses règlements, ou d’en ordonner la commission, ni de justifier une personne agissant sous sa direction de commettre un tel acte ou une telle omission.

2001, ch. 32, art. 2; 2005, ch. 10, art. 34.

Version précédente

Rapport du fonctionnaire public

25.2 Le fonctionnaire public qui a commis un acte ou une omission — ou en a ordonné la commission — au titre des alinéas 25.1(9)a) ou b) doit, dans les meilleurs délais après la commission, présenter au fonctionnaire supérieur compétent un rapport écrit décrivant l’acte ou l’omission.

2001, ch. 32, art. 2.

Rapport annuel

25.3 (1) Chaque année, l’autorité compétente publie un rapport — ou le met à la disposition du public de toute autre façon — sur les désignations de fonctionnaires publics et de fonctionnaires supérieurs qu’elle a effectuées, qui contient notamment les renseignements ci-après à l’égard de l’année précédente :

a) le nombre de désignations effectuées au titre du paragraphe 25.1(6) par les fonctionnaires supérieurs;

b) le nombre d’autorisations accordées par les fonctionnaires supérieurs au titre de l’alinéa 25.1(9)a);

c) le nombre de fois où des actes ou omissions ont été commis sans autorisation par les fonctionnaires publics au titre de l’alinéa 25.1(9)b);

d) la nature des activités qui faisaient l’objet de l’enquête au moment des désignations mentionnées à l’alinéa a), de l’octroi des autorisations mentionnées à l’alinéa b) et de la commission des actes ou omissions mentionnés à l’alinéa c);

e) la nature des actes ou omissions commis au titre des désignations mentionnées à l’alinéa a) ou des autorisations mentionnées à l’alinéa b), ou de ceux mentionnés à l’alinéa c).

Réserve

(2) Sont exclus du rapport annuel les renseignements dont la divulgation, selon le cas :

a) compromettrait une enquête en cours relativement à une infraction à une loi fédérale ou nuirait à une telle enquête;

b) compromettrait la confidentialité de l’identité d’un fonctionnaire public ou d’un informateur ou celle d’une personne agissant sous la direction et l’autorité d’un fonctionnaire public;

c) mettrait en danger la vie ou la sécurité d’une personne;

d) porterait atteinte à une procédure judiciaire;

e) serait contraire à l’intérêt public.

2001, ch. 32, art. 2.

Avis en cas de dommage aux biens

25.4 (1) Le fonctionnaire supérieur qui a reçu le rapport visé à l’article 25.2 du fonctionnaire public qui a commis un acte ou une omission — ou en a ordonné la commission — au titre des alinéas 25.1(9)a) ou b) avise par écrit, dans les meilleurs délais dans l’année suivant la commission, la personne dont les biens, de ce fait, ont été détruits ou ont subi des dommages importants.

Réserve

(2) L’autorité compétente peut suspendre l’obligation du fonctionnaire supérieur de donner l’avis prévu au paragraphe (1) jusqu’à ce qu’elle estime que l’avis, selon le cas :

a) ne compromettrait pas d’enquête relative à une infraction à une loi fédérale ni ne nuirait à une telle enquête;

b) ne compromettrait pas la confidentialité de l’identité d’un fonctionnaire public ou d’un informateur ou celle d’une personne agissant sous la direction et l’autorité d’un fonctionnaire public;

c) ne mettrait pas en danger la vie ou la sécurité d’une personne;

d) ne porterait pas atteinte à une procédure judiciaire;

e) ne serait pas contraire à l’intérêt public.

2001, ch. 32, art. 2.

Force excessive

26. Quiconque est autorisé par la loi à employer la force est criminellement responsable de tout excès de force, selon la nature et la qualité de l’acte qui constitue l’excès.

S.R., ch. C-34, art. 26.

Recours à la force pour empêcher la perpétration d’une infraction

27. Toute personne est fondée à employer la force raisonnablement nécessaire :

a) pour empêcher la perpétration d’une infraction :

(i) d’une part, pour laquelle, si elle était commise, la personne qui la commet pourrait être arrêtée sans mandat,

(ii) d’autre part, qui serait de nature à causer des blessures immédiates et graves à la personne ou des dégâts immédiats et graves aux biens de toute personne;

b) pour empêcher l’accomplissement de tout acte qui, à son avis, basé sur des motifs raisonnables, constituerait une infraction mentionnée à l’alinéa a).

S.R., ch. C-34, art. 27.

Recours à la force à bord d’un aéronef

27.1 (1) Toute personne se trouvant à bord d’un aéronef en vol est fondée à employer la force raisonnablement nécessaire pour empêcher la perpétration d’une infraction à la présente loi ou à une autre loi fédérale qu’elle croit, pour des motifs raisonnables, susceptible de causer des blessures immédiates et graves aux personnes à son bord ou des dommages immédiats et graves à l’aéronef ou aux biens à son bord.

Application du présent article

(2) Le présent article s’applique à tout aéronef immatriculé au Canada en conformité avec les règlements pris au titre de la Loi sur l’aéronautique, où qu’il se trouve, ainsi qu’à tout aéronef se trouvant dans l’espace aérien canadien.

2004, ch. 12, art. 2.

Arrestation par erreur

28. (1) Quiconque, étant autorisé à exécuter un mandat d’arrêt, croit, de bonne foi et pour des motifs raisonnables, que la personne qu’il arrête est celle qui est nommée dans le mandat, possède à cet égard la même protection contre toute responsabilité pénale que si cette personne était celle que nomme le mandat.

Personne qui aide à une arrestation

(2) Lorsqu’une personne est autorisée à exécuter un mandat d’arrêt :

a) quiconque, étant appelé à lui prêter main-forte, croit que la personne à l’arrestation de laquelle il est appelé à aider est celle que nomme le mandat;

b) tout gardien de prison qui est tenu de recevoir et de détenir une personne qu’il croit avoir été arrêtée aux termes du mandat,

possèdent à cet égard la même protection contre toute responsabilité pénale que si cette personne était celle que nomme le mandat.

S.R., ch. C-34, art. 28.

Obligation de la personne qui opère une arrestation

29. (1) Quiconque exécute un acte judiciaire ou un mandat est tenu de l’avoir sur soi, si la chose est possible, et de le produire lorsque demande lui en est faite.

Avis

(2) Quiconque arrête une personne avec ou sans mandat est tenu de donner à cette personne, si la chose est possible, avis :

a) soit de l’acte judiciaire ou du mandat aux termes duquel il opère l’arrestation;

b) soit du motif de l’arrestation.

Inobservation

(3) L’omission de se conformer aux paragraphes (1) ou (2) ne prive pas, d’elle-même, une personne qui exécute un acte judiciaire ou un mandat, ou une personne qui opère une arrestation, ou celles qui lui prêtent main-forte, de la protection contre la responsabilité pénale.

S.R., ch. C-34, art. 29.

Le fait d’empêcher une violation de la paix

30. Quiconque est témoin d’une violation de la paix est fondé à intervenir pour en empêcher la continuation ou le renouvellement et peut détenir toute personne qui commet cette violation ou se dispose à y prendre part ou à la renouveler, afin de la livrer entre les mains d’un agent de la paix, s’il n’a recours qu’à la force raisonnablement nécessaire pour empêcher la continuation ou le renouvellement de la violation de la paix, ou raisonnablement proportionnée au danger à craindre par suite de la continuation ou du renouvellement de cette violation.

S.R., ch. C-34, art. 30.

Arrestation pour violation de la paix

31. (1) Un agent de la paix qui est témoin d’une violation de la paix, comme toute personne qui lui prête légalement main-forte, est fondé à arrêter un individu qu’il trouve en train de commettre la violation de la paix ou qu’il croit, pour des motifs raisonnables, être sur le point d’y prendre part ou de la renouveler.

Garde de la personne

(2) Tout agent de la paix est fondé à recevoir en sa garde un individu qui lui est livré comme ayant participé à une violation de la paix par quelqu’un qui en a été témoin ou que l’agent croit, pour des motifs raisonnables, avoir été témoin de cette violation.

S.R., ch. C-34, art. 31.

Répression des émeutes Emploi de la force dans la répression d’une émeute

32. (1) Tout agent de la paix est fondé à employer, ou à ordonner d’employer, la force qu’il croit, de bonne foi et pour des motifs raisonnables :

a) d’une part, nécessaire pour réprimer une émeute;

b) d’autre part, non excessive, eu égard au danger à craindre de la continuation de l’émeute.

Personnes assujetties à la loi militaire

(2) Quiconque est tenu, par la loi militaire, d’obéir au commandement de son officier supérieur est fondé à obéir à tout commandement donné par ce dernier en vue de la répression d’une émeute, à moins que l’ordre ne soit manifestement illégal.

Obéissance à un ordre d’un agent de la paix

(3) Toute personne est fondée à obéir à un ordre d’un agent de la paix lui enjoignant de recourir à la force pour réprimer une émeute si, à la fois :

a) elle agit de bonne foi;

b) l’ordre n’est pas manifestement illégal.

Si des conséquences graves sont appréhendées

(4) Quiconque, de bonne foi et pour des motifs raisonnables, croit qu’avant qu’il soit possible d’obtenir la présence d’un agent de la paix une émeute aura des conséquences graves, est fondé à employer la force qu’il croit, de bonne foi et pour des motifs raisonnables :

a) d’une part, nécessaire pour réprimer l’émeute;

b) d’autre part, non excessive, eu égard au danger à craindre par suite de la continuation de l’émeute.

Question de droit

(5) Pour l’application du présent article, la question de savoir si un ordre est manifestement illégal ou non constitue une question de droit.

S.R., ch. C-34, art. 32.

Obligation des agents si les émeutiers ne se dispersent pas

33. (1) Lorsque la proclamation mentionnée à l’article 67 a été faite ou qu’une infraction prévue à l’alinéa 68a) ou b) a été commise, un agent de la paix et une personne, à qui cet agent enjoint légalement de lui prêter main-forte, sont tenus de disperser ou d’arrêter ceux qui ne se conforment pas à la proclamation.

Protection des agents

(2) Il ne peut être intenté aucune procédure civile ou pénale contre un agent de la paix, ou une personne à qui un agent de la paix a légalement enjoint de lui prêter main-forte, à l’égard de tout décès ou de toute blessure qui, en raison d’une résistance, est causé par

suite de l’accomplissement, par l’agent de la paix ou cette personne, d’une obligation qu’impose le paragraphe (1).

Article non restrictif

(3) Le présent article n’a pas pour effet de limiter ni de modifier les pouvoirs ou fonctions que la présente loi confère ou impose relativement à la répression des émeutes.

S.R., ch. C-34, art. 33.

Intoxication volontaire Non-application du moyen de défense

33.1 (1) Ne constitue pas un moyen de défense à une infraction visée au paragraphe (3) le fait que l’accusé, en raison de son intoxication volontaire, n’avait pas l’intention générale ou la volonté requise pour la perpétration de l’infraction, dans les cas où il s’écarte de façon marquée de la norme de diligence énoncée au paragraphe (2).

Responsabilité criminelle en raison de l’intoxication

(2) Pour l’application du présent article, une personne s’écarte de façon marquée de la norme de diligence raisonnable généralement acceptée dans la société canadienne et, de ce fait, est criminellement responsable si, alors qu’elle est dans un état d’intoxication volontaire qui la rend incapable de se maîtriser consciemment ou d’avoir conscience de sa conduite, elle porte atteinte ou menace de porter atteinte volontairement ou involontairement à l’intégrité physique d’autrui.

Infractions visées

(3) Le présent article s’applique aux infractions créées par la présente loi ou toute autre loi fédérale dont l’un des éléments constitutifs est l’atteinte ou la menace d’atteinte à l’intégrité physique d’une personne, ou toute forme de voies de fait.

1995, ch. 32, art. 1.

Défense de la personne Légitime défense

34. (1) Toute personne illégalement attaquée sans provocation de sa part est fondée à employer la force qui est nécessaire pour repousser l’attaque si, en ce faisant, elle n’a pas l’intention de causer la mort ni des lésions corporelles graves.

Mesure de la justification

(2) Quiconque est illégalement attaqué et cause la mort ou une lésion corporelle grave en repoussant l’attaque est justifié si :

a) d’une part, il la cause parce qu’il a des motifs raisonnables pour appréhender que la mort ou quelque lésion corporelle grave ne résulte de la violence avec laquelle l’attaque a en premier lieu été faite, ou avec laquelle l’assaillant poursuit son dessein;

b) d’autre part, il croit, pour des motifs raisonnables, qu’il ne peut pas autrement se soustraire à la mort ou à des lésions corporelles graves.

L.R. (1985), ch. C-46, art. 34; 1992, ch. 1, art. 60(F).

Légitime défense en cas d’agression

35. Quiconque a, sans justification, attaqué un autre, mais n’a pas commencé l’attaque dans l’intention de causer la mort ou des lésions corporelles graves, ou a, sans justification, provoqué sur lui-même une attaque de la part d’un autre, peut justifier l’emploi de la force subséquemment à l’attaque si, à la fois :

a) il en fait usage :

(i) d’une part, parce qu’il a des motifs raisonnables d’appréhender que la mort ou des lésions corporelles graves ne résultent de la violence de la personne qu’il a attaquée ou provoquée,

(ii) d’autre part, parce qu’il croit, pour des motifs raisonnables, que la force est nécessaire en vue de se soustraire lui-même à la mort ou à des lésions corporelles graves;

b) il n’a, à aucun moment avant qu’ait surgi la nécessité de se soustraire à la mort ou à des lésions corporelles graves, tenté de causer la mort ou des lésions corporelles graves;

c) il a refusé de continuer le combat, l’a abandonné ou s’en est retiré autant qu’il lui était possible de le faire avant qu’ait surgi la nécessité de se soustraire à la mort ou à des lésions corporelles graves.

S.R., ch. C-34, art. 35.

Provocation

36. La provocation comprend, pour l’application des articles 34 et 35, celle faite par des coups, des paroles ou des gestes.

S.R., ch. C-34, art. 36.

Le fait d’empêcher une attaque

37. (1) Toute personne est fondée à employer la force pour se défendre d’une attaque, ou pour en défendre toute personne placée sous sa protection, si elle n’a recours qu’à la force nécessaire pour prévenir l’attaque ou sa répétition.

Mesure de la justification

(2) Le présent article n’a pas pour effet de justifier le fait d’infliger volontairement un mal ou dommage qui est excessif, eu égard à la nature de l’attaque que la force employée avait pour but de prévenir.

S.R., ch. C-34, art. 37.

Défense des biens Défense des biens meubles

38. (1) Quiconque est en paisible possession de biens meubles, comme toute personne lui prêtant légalement main-forte, est fondé :

a) soit à empêcher un intrus de les prendre;

b) soit à les reprendre à l’intrus,

s’il ne le frappe pas ou ne lui inflige aucune lésion corporelle.

Attaque par un intrus

(2) Lorsqu’une personne en possession paisible d’un bien meuble s’empare de ce bien, un intrus qui persiste à vouloir le garder ou à le lui enlever, ou à l’enlever à quiconque prête légalement main-forte à cette personne, est réputé commettre une attaque sans justification ni provocation.

S.R., ch. C-34, art. 38.

Défense en vertu d’un droit invoqué

39. (1) Quiconque est en possession paisible d’un bien meuble en vertu d’un droit invoqué, de même que celui qui agit sous son autorité, est à l’abri de toute responsabilité pénale en défendant cette possession, même contre une personne qui légalement a droit à la possession du bien en question, s’il n’emploie que la force nécessaire.

Défense sans droit invoqué

(2) Quiconque est en possession paisible d’un bien meuble, mais ne le réclame pas de droit ou n’agit pas sous l’autorité de quiconque prétend y avoir droit, n’est ni justifié ni à

l’abri de responsabilité pénale s’il défend sa possession contre une personne qui a légalement droit à la possession de ce bien.

S.R., ch. C-34, art. 39.

Défense d’une maison d’habitation

40. Quiconque est en possession paisible d’une maison d’habitation, comme celui qui lui prête légalement main-forte ou agit sous son autorité, est fondé à employer la force nécessaire pour empêcher qui que ce soit d’accomplir une effraction ou de s’introduire de force dans la maison d’habitation sans autorisation légitime.

S.R., ch. C-34, art. 40.

Défense de la maison ou du bien immeuble

41. (1) Quiconque est en possession paisible d’une maison d’habitation ou d’un bien immeuble, comme celui qui lui prête légalement main-forte ou agit sous son autorité, est fondé à employer la force pour en empêcher l’intrusion par qui que ce soit, ou pour en éloigner un intrus, s’il ne fait usage que de la force nécessaire.

Voies de fait par un intrus

(2) Un intrus qui résiste à une tentative, par quiconque est en possession paisible d’une maison d’habitation ou d’un bien immeuble, ou par quiconque prête légalement main- forte à cette personne ou agit sous son autorité, de l’empêcher d’entrer ou de l’éloigner, est réputé avoir commis des voies de fait sans justification ni provocation.

S.R., ch. C-34, art. 41.

Revendication d’un droit à une maison ou à un bien immeuble

42. (1) Toute personne est fondée à entrer paisiblement de jour dans une maison d’habitation ou sur un bien immeuble pour en prendre possession si elle-même, ou quelqu’un sous l’autorité de qui elle agit, a légalement droit à cette possession.

Voies de fait dans le cas d’une entrée légitime

(2) Lorsqu’une personne qui, selon le cas :

a) n’a pas la possession paisible d’une maison d’habitation ou d’un bien immeuble en vertu d’un droit invoqué;

b) n’agit pas sous l’autorité d’une personne ayant la possession paisible d’une maison d’habitation ou d’un bien immeuble en vertu d’un droit invoqué,

se porte à des voies de fait contre quiconque, ayant légalement droit à la possession de cette maison ou de ce bien, y entre paisiblement de jour pour en prendre possession, afin de l’empêcher d’entrer, les voies de fait sont réputées sans justification ni provocation.

Voies de fait provoquées par l’intrus

(3) Lorsqu’une personne qui, selon le cas :

a) est en possession paisible d’une maison d’habitation ou d’un bien immeuble en vertu d’un droit invoqué;

b) agit sous l’autorité d’une personne ayant la possession paisible d’une maison d’habitation ou d’un bien immeuble en vertu d’un droit invoqué,

se porte à des voies de fait contre une personne qui a légalement droit à la possession de cette maison ou de ce bien et qui y entre paisiblement de jour pour en prendre possession, afin de l’empêcher d’entrer, les voies de fait sont réputées provoquées par la personne qui entre.

S.R., ch. C-34, art. 42.

Protection des personnes exerçant l’autorité Discipline des enfants

43. Tout instituteur, père ou mère, ou toute personne qui remplace le père ou la mère, est fondé à employer la force pour corriger un élève ou un enfant, selon le cas, confié à ses soins, pourvu que la force ne dépasse pas la mesure raisonnable dans les circonstances.

S.R., ch. C-34, art. 43.

44. [Abrogé, 2001, ch. 26, art. 294]

Version précédente

Opérations chirurgicales

45. Toute personne est à l’abri de responsabilité pénale lorsqu’elle pratique sur une autre, pour le bien de cette dernière, une opération chirurgicale si, à la fois :

a) l’opération est pratiquée avec des soins et une habileté raisonnables;

b) il est raisonnable de pratiquer l’opération, étant donné l’état de santé de la personne au moment de l’opération et toutes les autres circonstances de l’espèce.

S.R., ch. C-34, art. 45.

PARTIE II

INFRACTIONS CONTRE L’ORDRE PUBLIC Trahison et autres infractions contre l’autorité et la personne de la reine Haute trahison

46. (1) Commet une haute trahison quiconque, au Canada, selon le cas :

a) tue ou tente de tuer Sa Majesté, ou lui cause quelque lésion corporelle tendant à la mort ou destruction, ou l’estropie ou la blesse, ou l’emprisonne ou la détient;

b) fait la guerre contre le Canada ou accomplit un acte préparatoire à une telle guerre;

c) aide un ennemi en guerre contre le Canada, ou des forces armées contre lesquelles les Forces canadiennes sont engagées dans des hostilités, qu’un état de guerre existe ou non entre le Canada et le pays auquel ces autres forces appartiennent.

Trahison

(2) Commet une trahison quiconque, au Canada, selon le cas :

a) recourt à la force ou à la violence en vue de renverser le gouvernement du Canada ou d’une province;

b) sans autorisation légitime, communique à un agent d’un État étranger, ou met à la disposition d’un tel agent, des renseignements d’ordre militaire ou scientifique ou tout croquis, plan, modèle, article, note ou document de nature militaire ou scientifique alors qu’il sait ou devrait savoir que cet État peut s’en servir à des fins préjudiciables à la sécurité ou à la défense du Canada;

c) conspire avec qui que ce soit pour commettre une haute trahison ou accomplir une chose mentionnée à l’alinéa a);

d) forme le dessein de commettre une haute trahison ou d’accomplir une chose mentionnée à l’alinéa a) et révèle ce dessein par un acte manifeste;

e) conspire avec qui que ce soit pour accomplir une chose mentionnée à l’alinéa b) ou forme le dessein d’accomplir une chose mentionnée à l’alinéa b) et révèle ce dessein par un acte manifeste.

Citoyen canadien

(3) Nonobstant les paragraphes (1) ou (2), un citoyen canadien ou un individu qui doit allégeance à Sa Majesté du chef du Canada et qui, se trouvant au Canada ou à l’étranger, accomplit une chose mentionnée :

a) au paragraphe (1), commet une haute trahison;

b) au paragraphe (2), commet une trahison.

Acte manifeste

(4) Lorsqu’une conspiration avec toute personne constitue une trahison, le fait de conspirer est un acte manifeste de trahison.

S.R., ch. C-34, art. 46; 1974-75-76, ch. 105, art. 2.

Peine applicable à la haute trahison

47. (1) Quiconque commet une haute trahison est coupable d’un acte criminel et doit être condamné à l’emprisonnement à perpétuité.

Peine applicable à la trahison

(2) Quiconque commet une trahison est coupable d’un acte criminel et encourt, en cas d’infraction visée :

a) aux alinéas 46(2)a), c) ou d), l’emprisonnement à perpétuité;

b) aux alinéas 46(2)b) ou e), l’emprisonnement à perpétuité s’il existe un état de guerre entre le Canada et un autre pays;

c) aux alinéas 46(2)b) ou e), un emprisonnement maximal de quatorze ans en l’absence d’un tel état de guerre.

Corroboration

(3) Nul ne peut être déclaré coupable de haute trahison sur la déposition d’un seul témoin, à moins que ce témoignage ne soit corroboré, sous quelque rapport essentiel, par une preuve qui implique l’accusé.

Peine minimale

(4) Pour l’application de la partie XXIII, l’emprisonnement à perpétuité prescrit par le paragraphe (1) est une peine minimale.

S.R., ch. C-34, art. 47; 1974-75-76, ch. 105, art. 2.

Prescription

48. (1) Les poursuites à l’égard d’un crime de trahison visé à l’alinéa 46(2)a) se prescrivent par trois ans à compter du moment où le crime aurait été commis.

Dénonciation de paroles de trahison

(2) Nulle procédure ne peut être intentée, sous le régime de l’article 47, à l’égard d’un acte manifeste de trahison exprimé ou déclaré au moyen de propos publics et réfléchis, à moins que :

a) d’une part, une dénonciation énonçant l’acte manifeste et les mots par lesquels il a été exprimé ou déclaré ne soit faite sous serment devant un juge de paix dans les six jours à compter du moment où les mots auraient été prononcés;

b) d’autre part, un mandat pour l’arrestation de l’accusé ne soit émis dans les dix jours après que la dénonciation a été faite.

S.R., ch. C-34, art. 48; 1974-75-76, ch. 105, art. 29.

Actes prohibés Actes destinés à alarmer Sa Majesté ou à violer la paix publique

49. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, volontairement, en présence de Sa Majesté :

a) soit accomplit un acte dans l’intention d’alarmer Sa Majesté ou de violer la paix publique;

b) soit accomplit un acte destiné ou de nature à causer des lésions corporelles à Sa Majesté.

S.R., ch. C-34, art. 49.

Aider un ressortissant ennemi à quitter le Canada ou ne pas empêcher la trahison

50. (1) Commet une infraction quiconque, selon le cas :

a) incite ou volontairement aide un sujet :

(i) soit d’un État en guerre contre le Canada,

(ii) soit d’un État contre les forces duquel les Forces canadiennes sont engagées dans des hostilités, qu’un état de guerre existe ou non entre le Canada et l’État auquel ces autres forces appartiennent,

à quitter le Canada sans le consentement de la Couronne, à moins que l’accusé n’établisse qu’on n’entendait pas aider, par là, l’État mentionné au sous-alinéa (i) ou les forces de l’État mentionné au sous-alinéa (ii), selon le cas;

b) sachant qu’une personne est sur le point de commettre une haute trahison ou une trahison, n’en informe pas avec toute la célérité raisonnable un juge de paix ou un autre agent de la paix ou ne fait pas d’autres efforts raisonnables pour empêcher cette personne de commettre une haute trahison ou une trahison.

Peine

(2) Quiconque commet une infraction visée au paragraphe (1) est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

S.R., ch. C-34, art. 50; 1974-75-76, ch. 105, art. 29.

Intimider le Parlement ou une législature

51. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque commet un acte de violence en vue d’intimider le Parlement ou la législature d’une province.

S.R., ch. C-34, art. 51.

Sabotage

52. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque commet un acte prohibé dans un dessein préjudiciable :

a) soit à la sécurité, à la sûreté ou à la défense du Canada;

b) soit à la sécurité ou à la sûreté des forces navales, des forces de l’armée ou des forces aériennes de tout État étranger qui sont légitimement présentes au Canada.

Définition de « acte prohibé »

(2) Au présent article, « acte prohibé » s’entend d’un acte ou d’une omission qui, selon le cas :

a) diminue l’efficacité ou gêne le fonctionnement de tout navire, véhicule, aéronef, machine, appareil ou autre chose;

b) fait perdre, endommager ou détruire des biens, quel qu’en soit le propriétaire.

Réserve

(3) Nul ne commet un acte prohibé au sens du présent article par le seul fait, selon le cas :

a) qu’il cesse de travailler par suite du défaut, de la part de son employeur et de lui­ même, de s’entendre sur toute question touchant son emploi;

b) qu’il cesse de travailler par suite du défaut, de la part de son employeur et d’un agent négociateur agissant en son nom, de s’entendre sur toute question touchant son emploi;

c) qu’il cesse de travailler par suite de sa participation à une entente d’ouvriers ou employés pour leur propre protection raisonnable à titre d’ouvriers ou employés.

Idem

(4) Nul ne commet un acte prohibé au sens du présent article par le seul fait qu’il se trouve dans un lieu, notamment une maison d’habitation, ou près de ce lieu, ou qu’il s’en approche, aux seules fins d’obtenir ou de communiquer des renseignements.

S.R., ch. C-34, art. 52.

Incitation à la mutinerie

53. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) tente, dans un dessein de trahison ou de mutinerie, de détourner un membre des Forces canadiennes de son devoir et de son allégeance envers Sa Majesté;

b) tente d’inciter ou d’induire un membre des Forces canadiennes à commettre un acte de trahison ou de mutinerie.

S.R., ch. C-34, art. 53.

Aider un déserteur

54. Quiconque aide, assiste, recèle ou cache un individu qu’il sait être un déserteur ou un absent sans permission des Forces canadiennes, est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire. Aucune poursuite ne peut cependant être intentée aux termes du présent article sans le consentement du procureur général du Canada.

S.R., ch. C-34, art. 54.

Preuve d’actes manifestes

55. Dans des poursuites pour une infraction visée à l’article 47 ou à l’un des articles 49 à 53, nulle preuve n’est admissible d’un acte manifeste, à moins que celui-ci ne soit mentionné dans l’acte d’accusation ou que la preuve ne soit autrement pertinente comme tendant à prouver un acte manifeste y énoncé.

S.R., ch. C-34, art. 55.

Infractions relatives aux membres de la Gendarmerie royale du Canada

56. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, de propos délibéré :

a) soit conseille à un membre de la Gendarmerie royale du Canada de déserter ou de s’absenter sans permission, ou l’en persuade;

b) soit aide, assiste, recèle ou cache un membre de la Gendarmerie royale du Canada qu’il sait être un déserteur ou absent sans permission;

c) soit aide ou assiste un membre de la Gendarmerie royale du Canada à déserter ou à s’absenter sans permission, sachant que ce membre est sur le point de déserter ou de s’absenter sans permission.

L.R. (1985), ch. C-46, art. 56; L.R. (1985), ch. 27 (1er suppl.), art. 8.

Documents officiels Pièces d’identité

56.1 (1) Commet une infraction quiconque, sans excuse légitime, fait fabriquer, a en sa possession, transmet, vend ou offre en vente une pièce d’identité qui concerne ou paraît concerner, en totalité ou en partie, une autre personne.

Précision

(2) Il est entendu que le paragraphe (1) ne prohibe pas un acte qui a été accompli :

a) de bonne foi dans le cours normal des affaires de la personne visée, de son emploi ou des fonctions de sa charge;

b) à des fins généalogiques;

c) avec le consentement de la personne visée par la pièce d’identité ou de la personne autorisée à donner son consentement en son nom ou avec celui de l’administration qui l’a délivrée;

d) dans un but légitime lié à l’administration de la justice.

Définition de « pièce d’identité »

(3) Pour l’application du présent article, « pièce d’identité » s’entend de la carte d’assurance sociale, du permis de conduire, de la carte d’assurance-maladie, du certificat de naissance, du certificat de décès, du passeport au sens du paragraphe 57(5), de tout document simplifiant les formalités d’entrée au Canada, du certificat de citoyenneté, de tout document indiquant un statut d’immigration au Canada, du certificat du statut d’Indien ou de la carte d’identité d’employé portant la photographie et la signature du titulaire, ou de tout autre document semblable, délivré ou paraissant délivré par un ministère ou un organisme public fédéral ou provincial ou un gouvernement étranger.

Peine

(4) Quiconque commet une infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

2009, ch. 28, art. 1.

Faux ou usage de faux en matière de passeport

57. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, étant au Canada ou à l’étranger, selon le cas :

a) fait un faux passeport;

b) sachant qu’un passeport est faux :

(i) soit s’en sert, le traite ou lui donne suite,

(ii) soit fait, ou tente de faire, accomplir l’un des actes visés au sous-alinéa (i).

Fausse déclaration relative à un passeport

(2) Quiconque au Canada ou à l’étranger, afin d’obtenir un passeport pour lui-même ou pour une autre personne ou afin d’obtenir une modification ou une addition importante à un tel passeport, fait une déclaration écrite ou orale qu’il sait être fausse ou trompeuse est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Possession d’un passeport faux, etc.

(3) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, sans excuse légitime, dont la preuve lui incombe, a en sa possession un faux passeport ou un passeport relativement auquel a été commise une infraction en vertu du paragraphe (2).

Dispositions spéciales applicables

(4) Aux fins des poursuites intentées en vertu du présent article :

a) il n’est pas tenu compte du lieu où un faux passeport a été fait;

b) la définition de « faux document » à l’article 321 et l’article 366 s’appliquent avec les adaptations nécessaires.

Définition de « passeport »

(5) Au présent article, « passeport » désigne un document émis par le ministre des Affaires étrangères, ou sous son autorité, en vue d’en identifier le titulaire.

Compétence

(6) Lorsqu’il est allégué qu’une personne a commis une infraction au présent article alors qu’elle se trouvait à l’étranger, des procédures peuvent être engagées à l’égard de cette infraction dans toute circonscription territoriale au Canada que l’accusé soit ou non présent au Canada et il peut subir son procès et être puni à l’égard de cette infraction comme si elle avait été commise dans cette circonscription territoriale.

Comparution de l’accusé lors du procès

(7) Il est entendu que s’appliquent aux procédures engagées dans une circonscription territoriale en conformité avec le paragraphe (6) les dispositions de la présente loi concernant :

a) l’obligation pour un accusé d’être présent et de demeurer présent lors des procédures;

b) les exceptions à cette obligation.

L.R. (1985), ch. C-46, art. 57; L.R. (1985), ch. 27 (1er suppl.), art. 9; 1992, ch. 1, art. 60(F); 1994, ch. 44, art. 4; 1995, ch. 5, art. 25.

Emploi frauduleux d’un certificat de citoyenneté

58. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, étant au Canada ou à l’étranger, selon le cas :

a) utilise un certificat de citoyenneté ou un certificat de naturalisation pour une fin frauduleuse;

b) étant une personne à qui un certificat de citoyenneté ou un certificat de naturalisation a été accordé, se départ sciemment de ce certificat avec l’intention qu’il soit utilisé pour une fin frauduleuse.

Définition de « certificat de citoyenneté » et de « certificat de naturalisation »

(2) Au présent article, « certificat de citoyenneté » et « certificat de naturalisation » s’entendent au sens de la Loi sur la citoyenneté.

S.R., ch. C-34, art. 59; 1974-75-76, ch. 108, art. 41.

Sédition Paroles séditieuses

59. (1) Les paroles séditieuses sont des paroles qui expriment une intention séditieuse.

Libelle séditieux

(2) Le libelle séditieux est un libelle qui exprime une intention séditieuse.

Conspiration séditieuse

(3) Une conspiration séditieuse est une entente entre deux ou plusieurs personnes pour réaliser une intention séditieuse.

Intention séditieuse

(4) Sans que soit limitée la généralité de la signification de « intention séditieuse », est présumé avoir une intention séditieuse quiconque, selon le cas :

a) enseigne ou préconise;

b) publie ou fait circuler un écrit qui préconise,

l’usage, sans l’autorité des lois, de la force comme moyen d’opérer un changement de gouvernement au Canada.

S.R., ch. C-34, art. 60.

Exception

60. Nonobstant le paragraphe 59(4), nul n’est censé avoir une intention séditieuse du seul fait qu’il entend, de bonne foi :

a) démontrer que Sa Majesté a été induite en erreur ou s’est trompée dans ses mesures;

b) signaler des erreurs ou défectuosités dans :

(i) le gouvernement ou la constitution du Canada ou d’une province,

(ii) le Parlement ou la législature d’une province,

(iii) l’administration de la justice au Canada;

c) amener, par des moyens légaux, des modifications de quelque matière de gouvernement au Canada;

d) signaler, afin qu’il y soit remédié, des questions qui produisent ou sont de nature à produire des sentiments d’hostilité et de malveillance entre diverses classes de personnes au Canada.

S.R., ch. C-34, art. 61.

Punition des infractions séditieuses

61. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) prononce des paroles séditieuses;

b) publie un libelle séditieux;

c) participe à une conspiration séditieuse.

S.R., ch. C-34, art. 62.

Infractions relatives aux forces militaires

62. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, volontairement :

a) soit entrave ou diminue la fidélité ou la discipline d’un membre d’une force, ou influence sa fidélité ou discipline;

b) soit publie, rédige, émet, fait circuler ou distribue un écrit qui conseille, recommande ou encourage, chez un membre d’une force, l’insubordination, la déloyauté, la mutinerie ou le refus de servir;

c) soit conseille, recommande, encourage ou, de quelque manière, provoque, chez un membre d’une force, l’insubordination, la déloyauté, la mutinerie ou le refus de servir.

Définition de « membre d’une force »

(2) Au présent article, « membre d’une force » désigne, selon le cas :

a) un membre des Forces canadiennes;

b) un membre des forces navales, des forces de l’armée ou des forces aériennes d’un État étranger qui sont légitimement présentes au Canada.

S.R., ch. C-34, art. 63.

Attroupements illégaux et émeutes Attroupement illégal

63. (1) Un attroupement illégal est la réunion de trois individus ou plus qui, dans l’intention d’atteindre un but commun, s’assemblent, ou une fois réunis se conduisent, de manière à faire craindre, pour des motifs raisonnables, à des personnes se trouvant dans le voisinage de l’attroupement :

a) soit qu’ils ne troublent la paix tumultueusement;

b) soit que, par cet attroupement, ils ne provoquent inutilement et sans cause raisonnable d’autres personnes à troubler tumultueusement la paix.

Quand une assemblée légitime devient un attroupement illégal

(2) Une assemblée légitime peut devenir un attroupement illégal lorsque les personnes qui la composent se conduisent, pour un but commun, d’une façon qui aurait fait de cette assemblée un attroupement illégal si elles s’étaient réunies de cette manière pour le même but.

Exception

(3) Des personnes ne forment pas un attroupement illégal du seul fait qu’elles sont réunies pour protéger la maison d’habitation de l’une d’entre elles contre d’autres qui menacent d’y faire effraction et d’y entrer en vue d’y commettre un acte criminel.

S.R., ch. C-34, art. 64.

Émeute

64. Une émeute est un attroupement illégal qui a commencé à troubler la paix tumultueusement.

S.R., ch. C-34, art. 65.

Punition des émeutiers

65. Quiconque prend part à une émeute est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

S.R., ch. C-34, art. 66.

Punition d’un attroupement illégal

66. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque participe à un attroupement illégal.

S.R., ch. C-34, art. 67.

Lecture de la proclamation

67. Un juge de paix, maire ou shérif, l’adjoint légitime d’un maire ou shérif, le directeur d’une prison ou d’un pénitencier, au sens de la Loi sur le système correctionnel et la mise en liberté sous condition, ou son substitut, qui reçoit avis que, dans un endroit de son ressort, douze personnes ou plus sont réunies illégalement et d’une façon émeutière, doit se rendre à cet endroit et, après s’en être approché autant qu’il le peut en sécurité, s’il est convaincu qu’une émeute est en cours, ordonner le silence et alors faire ou faire faire, à haute voix, une proclamation dans les termes suivants ou en termes équivalents :

Sa Majesté la Reine enjoint et commande à tous ceux qui sont ici réunis de se disperser immédiatement et de retourner paisiblement à leurs demeures ou à leurs occupations légitimes, sous peine d’être coupable d’une infraction pour laquelle, sur déclaration de culpabilité, ils peuvent être condamnés à l’emprisonnement à perpétuité. DIEU SAUVE LA REINE.

L.R. (1985), ch. C-46, art. 67; 1994, ch. 44, art. 5.

Infractions relatives à la proclamation

68. Sont coupables d’un acte criminel et passibles de l’emprisonnement à perpétuité ceux qui, selon le cas :

a) volontairement et avec violence gênent, entravent ou attaquent une personne qui commence à faire la proclamation mentionnée à l’article 67, ou est sur le point de

commencer à la faire ou est en train de la faire, de telle sorte qu’il n’y a pas de proclamation;

b) ne se dispersent pas et ne s’éloignent pas, paisiblement, d’un lieu où la proclamation mentionnée à l’article 67 est faite, dans un délai de trente minutes après qu’elle a été faite;

c) ne quittent pas un lieu dans un délai de trente minutes, lorsqu’ils ont des motifs raisonnables de croire que la proclamation mentionnée à l’article 67 y aurait été faite si quelqu’un n’avait pas, volontairement et avec violence, gêné, entravé ou attaqué une personne qui l’aurait faite.

S.R., ch. C-34, art. 69.

Négligence d’un agent de la paix

69. Un agent de la paix qui est averti de l’existence d’une émeute dans son ressort et qui, sans excuse valable, ne prend pas toutes les mesures raisonnables pour réprimer l’émeute, est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

S.R., ch. C-34, art. 70.

Exercices illégaux Décrets du gouverneur en conseil

70. (1) Le gouverneur en conseil peut, par proclamation, prendre des décrets :

a) interdisant des réunions de personnes, sans autorisation légale, dans le dessein :

(i) soit de s’entraîner ou de faire l’exercice,

(ii) soit de suivre des séances d’entraînement ou de maniement des armes,

(iii) soit d’exécuter des manoeuvres militaires;

b) interdisant à des personnes, assemblées pour quelque fin, de s’entraîner ou de faire l’exercice ou de se faire entraîner ou exercer.

Décret général ou spécial

(2) Un décret pris aux termes du paragraphe (1) peut être en général ou rendu applicable à des localités, des districts ou des réunions particulières, spécifiés par le décret.

Peine

(3) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque contrevient à un décret pris en vertu du présent article.

L.R. (1985), ch. C-46, art. 70; 1992, ch. 1, art. 60(F).

Duels Duel

71. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) défie, ou tente par quelque moyen de provoquer, une autre personne à se battre en duel;

b) tente de provoquer quelqu’un à défier une autre personne à se battre en duel;

c) accepte un défi à se battre en duel.

S.R., ch. C-34, art. 72.

Prise de possession et détention par la force Prise de possession par la force

72. (1) La prise de possession par la force a lieu lorsqu’une personne prend possession d’un bien immeuble qui se trouve en la possession effective et paisible d’une autre, d’une manière susceptible de causer une violation de la paix ou de faire raisonnablement craindre une violation de la paix.

Faits non pertinents

(1.1) Pour l’application du paragraphe (1), le fait qu’une personne ait ou non le droit de prendre possession d’un bien immeuble ou qu’elle ait ou non l’intention de s’en emparer définitivement n’est pas pertinent.

Détention par la force

(2) La détention par la force a lieu lorsqu’une personne, étant en possession effective d’un bien immeuble sans apparence de droit, le détient d’une manière vraisemblablement propre à causer une violation de la paix ou à faire raisonnablement craindre une violation de la paix, à l’encontre d’une personne qui a un titre légal à cette possession.

Questions de droit

(3) Les questions de savoir si une personne est en possession effective et paisible ou est en possession effective sans apparence de droit, constituent des questions de droit.

L.R. (1985), ch. C-46, art. 72; L.R. (1985), ch. 27 (1er suppl.), art. 10; 1992, ch. 1, art. 60(F).

Peine

73. Quiconque commet une prise de possession par la force ou une détention par la force est coupable :

a) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire;

b) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

L.R. (1985), ch. C-46, art. 73; L.R. (1985), ch. 27 (1er suppl.), art. 11; 1992, ch. 1, art. 58.

Piraterie Piraterie d’après le droit des gens

74. (1) Commet une piraterie quiconque accomplit un acte qui, d’après le droit des gens, constitue une piraterie.

Peine

(2) Quiconque commet une piraterie, pendant qu’il se trouve au Canada ou à l’étranger, est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité.

S.R., ch. C-34, art. 75; 1974-75-76, ch. 105, art. 3.

Actes de piraterie

75. Quiconque, étant au Canada ou à l’étranger, selon le cas :

a) vole un navire canadien;

b) vole ou sans autorisation légale jette par-dessus bord, endommage ou détruit quelque chose qui fait partie de la cargaison, des approvisionnements ou des installations d’un navire canadien;

c) commet ou tente de commettre un acte de mutinerie à bord d’un navire canadien;

d) conseille à quelqu’un de commettre un des actes mentionnés aux alinéas a), b) ou c),

est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

L.R. (1985), ch. C-46, art. 75; L.R. (1985), ch. 27 (1er suppl.), art. 7.

Infractions portant atteinte à la sécurité aérienne ou maritime Détournement

76. Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, illégalement, par violence ou menace de violence ou par tout autre mode d’intimidation, s’empare d’un aéronef ou en exerce le contrôle avec l’intention, selon le cas :

a) de faire séquestrer ou emprisonner contre son gré toute personne se trouvant à bord de l’aéronef;

b) de faire transporter contre son gré, en un lieu autre que le lieu fixé pour l’atterrissage suivant de l’aéronef, toute personne se trouvant à bord de l’aéronef;

c) de détenir contre son gré toute personne se trouvant à bord de l’aéronef en vue de rançon ou de service;

d) de faire dévier considérablement l’aéronef de son plan de vol.

1972, ch. 13, art. 6.

Atteinte à la sécurité des aéronefs ou des aéroports

77. Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, selon le cas :

a) à bord d’un aéronef en vol, commet à l’encontre d’une personne un acte de violence susceptible de porter atteinte à la sécurité de l’aéronef;

b) en utilisant une arme, commet à l’encontre d’une personne qui se trouve à un aéroport servant à l’aviation civile internationale un acte de violence qui cause ou est susceptible de causer des blessures graves ou la mort, et qui porte atteinte ou est susceptible de porter atteinte à la sécurité à l’aéroport;

c) cause à un aéronef en service des dommages qui le mettent hors d’état de voler ou sont susceptibles de porter atteinte à la sécurité de l’aéronef en vol;

d) place ou fait placer à bord d’un aéronef en service toute chose susceptible de causer à l’aéronef des dommages qui le mettront hors d’état de voler ou susceptible de porter atteinte à la sécurité de l’aéronef en vol;

e) cause des dommages à une installation servant à la navigation aérienne, ou nuit à son fonctionnement, d’une manière susceptible de porter atteinte à la sécurité d’un aéronef en vol;

f) en utilisant une arme, une substance ou un dispositif, cause des dommages graves aux installations d’un aéroport servant à l’aviation civile internationale ou à un aéronef qui n’est pas en service et qui s’y trouve, les détruit ou nuit au fonctionnement de l’aéroport d’une façon qui porte atteinte à la sécurité à l’aéroport ou est susceptible d’y porter atteinte;

g) porte atteinte à la sécurité d’un aéronef en vol en communiquant à une autre personne des renseignements qu’il sait être faux.

L.R. (1985), ch. C-46, art. 77; 1993, ch. 7, art. 3.

Armes offensives et substances explosives

78. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, autre qu’un agent de la paix dans l’exercice de ses fonctions, transporte à bord d’un aéronef civil une arme offensive ou une substance explosive :

a) soit sans le consentement du propriétaire ou de l’exploitant de l’aéronef ou d’une personne dûment autorisée par l’un ou l’autre à donner ce consentement;

b) soit avec le consentement mentionné à l’alinéa a) mais sans satisfaire à toutes les conditions auxquelles le consentement était subordonné.

Définition de « aéronef civil »

(2) Pour l’application du présent article, « aéronef civil » désigne tout aéronef autre qu’un aéronef à l’usage des Forces canadiennes, d’une force de police au Canada ou de personnes préposées à l’application de la Loi sur les douanes, de la Loi sur l’accise ou de la Loi de 2001 sur l’accise.

L.R. (1985), ch. C-46, art. 78; L.R. (1985), ch. 1 (2e suppl.), art. 213; 2002, ch. 22, art. 325.

Version précédente

Prise d’un navire ou d’une plate-forme fixe

78.1 (1) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, par violence ou menace de violence, s’empare ou exerce un contrôle sur un navire ou une plate-forme fixe.

Acte portant atteinte à la sécurité d’un navire ou d’une plate-forme fixe

(2) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, d’une façon qui est susceptible de porter atteinte à la navigation sécuritaire d’un navire ou à la sécurité d’une plate-forme fixe, selon le cas :

a) commet un acte de violence contre une personne à bord d’un navire ou d’une plate­ forme fixe;

b) endommage ou détruit un navire, sa cargaison ou une plate-forme fixe;

c) endommage gravement, détruit ou nuit au fonctionnement d’une installation de navigation maritime;

d) place ou fait placer à bord d’un navire ou d’une plate-forme fixe une chose susceptible d’endommager le navire, sa cargaison ou la plate-forme.

Communication de faux renseignements

(3) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque porte atteinte à la navigation sécuritaire d’un navire en communiquant des renseignements qu’il sait être faux.

Acte causant la mort ou des blessures, ou menaces

(4) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, afin de contraindre une personne à accomplir un acte quelconque ou de s’en abstenir, menace de commettre une infraction, prévue aux alinéas (2)a), b) ou c), susceptible de porter atteinte à la navigation sécuritaire d’un navire ou à la sécurité d’une plate-forme fixe.

Définitions

(5) Les définitions qui suivent s’appliquent au présent article.

« navire »

“ship”

« navire » À l’exclusion des navires de guerre ou de ceux utilisés comme navires de guerre auxiliaires ou à des fins de douanes ou de police ou retirés de la navigation ou désarmés, tout bateau qui n’est pas attaché de façon permanente au fond de la mer.

« plate-forme fixe »

“fixed platform”

« plate-forme fixe » Île artificielle ou ouvrage en mer attaché de façon permanente au fond de la mer et destiné à l’exploration, à l’exploitation des ressources ou à d’autres fins économiques.

1993, ch. 7, art. 4.

Substances dangereuses Obligation de prendre des précautions à l’égard d’explosifs

79. Quiconque a une substance explosive en sa possession ou sous ses soins ou son contrôle, est dans l’obligation légale de prendre des précautions raisonnables pour que cette substance explosive ne cause ni blessures corporelles, ni dommages à la propriété, ni la mort de personnes.

S.R., ch. C-34, art. 77.

Manque de précautions

80. Est coupable d’un acte criminel quiconque, étant dans une obligation légale au sens de l’article 79, manque, sans excuse légitime, à s’acquitter de cette obligation, et s’il en résulte l’explosion d’une substance explosive qui :

a) cause la mort ou est susceptible de causer la mort d’une personne, est passible d’un emprisonnement à perpétuité;

b) cause, ou est susceptible de causer, des blessures corporelles ou des dommages à la propriété, est passible d’un emprisonnement maximal de quatorze ans.

S.R., ch. C-34, art. 78.

Usage d’explosifs

81. (1) Commet une infraction quiconque, selon le cas :

a) accomplit un acte avec l’intention de causer l’explosion d’une substance explosive, qui est susceptible de causer des lésions corporelles graves ou la mort à des personnes, ou de causer des dommages graves à la propriété;

b) avec l’intention de causer des blessures corporelles à une personne :

(i) soit cause l’explosion d’une substance explosive,

(ii) soit envoie ou livre à une personne ou fait prendre ou recevoir par une personne une substance explosive ou toute autre substance ou chose dangereuse,

(iii) soit place ou lance en quelque lieu que ce soit, vers ou sur une personne, un fluide corrosif, une substance explosive ou toute autre substance ou chose dangereuse;

c) avec l’intention de détruire ou d’endommager des biens sans excuse légitime, place ou lance une substance explosive en quelque lieu que ce soit;

d) fabrique ou a en sa possession ou sous ses soins ou son contrôle une substance explosive avec l’intention, par là :

(i) soit de mettre la vie en danger ou de causer des dommages graves à des biens,

(ii) soit de permettre à une autre personne de mettre la vie en danger ou de causer des dommages graves à des biens.

Peine

(2) Quiconque commet une infraction prévue au paragraphe (1) est coupable d’un acte criminel et passible :

a) pour une infraction prévue à l’alinéa (1)a) ou b), de l’emprisonnement à perpétuité;

b) pour une infraction prévue à l’alinéa (1)c) ou d), d’un emprisonnement maximal de quatorze ans.

S.R., ch. C-34, art. 79.

Possession sans excuse légitime

82. (1) Quiconque, sans excuse légitime, dont la preuve lui incombe, fabrique ou a en sa possession ou sous sa garde ou son contrôle une substance explosive est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

Possession liée aux activités d’une organisation criminelle

(2) Quiconque, sans excuse légitime, dont la preuve lui incombe, fabrique ou a en sa possession ou sous sa garde ou son contrôle une substance explosive au profit ou sous la direction d’une organisation criminelle, ou en association avec elle, est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

L.R. (1985), ch. C-46, art. 82; L.R. (1985), ch. 27 (1er suppl.), art. 12; 1997, ch. 23, art. 2; 2001, ch. 32, art. 3(F).

Peines consécutives

82.1 La peine infligée à une personne pour une infraction prévue au paragraphe 82(2) est purgée consécutivement à toute autre peine sanctionnant une autre infraction basée sur les mêmes faits et à toute autre peine en cours d’exécution.

1997, ch. 23, art. 2.

Combats concertés Fait de se livrer à un combat concerté

83. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, selon le cas :

a) se livre, comme adversaire, à un combat concerté;

b) recommande ou encourage un combat concerté, ou en est promoteur;

c) assiste à un combat concerté en qualité d’aide, second, médecin, arbitre, soutien ou reporter.

Définition de « combat concerté »

(2) Au présent article, « combat concerté » s’entend d’un match ou combat, avec les poings ou les mains, entre deux personnes qui se sont rencontrées à cette fin par arrangement préalable conclu par elles, ou pour elles; cependant, n’est pas réputé combat concerté un match de boxe entre des sportifs amateurs, lorsque les adversaires portent des gants de boxe d’une masse minimale de cent quarante grammes chacun, ou un match de boxe tenu avec la permission ou sous l’autorité d’une commission athlétique ou d’un corps semblable établi par la législature d’une province, ou sous son autorité, pour la régie du sport dans la province.

L.R. (1985), ch. C-46, art. 83; L.R. (1985), ch. 27 (1er suppl.), art. 186.

PARTIE II.1

TERRORISME Définitions et interprétation Définitions

83.01 (1) Les définitions qui suivent s’appliquent à la présente partie.

« activité terroriste »

“terrorist activity”

« activité terroriste »

a) Soit un acte — action ou omission, commise au Canada ou à l’étranger — qui, au Canada, constitue une des infractions suivantes :

(i) les infractions visées au paragraphe 7(2) et mettant en oeuvre la Convention pour la répression de la capture illicite d’aéronefs, signée à La Haye le 16 décembre 1970,

(ii) les infractions visées au paragraphe 7(2) et mettant en oeuvre la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, signée à Montréal le 23 septembre 1971,

(iii) les infractions visées au paragraphe 7(3) et mettant en oeuvre la Convention sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques, adoptée par l’Assemblée générale des Nations Unies le 14 décembre 1973,

(iv) les infractions visées au paragraphe 7(3.1) et mettant en oeuvre la Convention internationale contre la prise d’otages, adoptée par l’Assemblée générale des Nations Unies le 17 décembre 1979,

(v) les infractions visées aux paragraphes 7(3.4) ou (3.6) et mettant en oeuvre la Convention sur la protection physique des matières nucléaires, conclue à New York et Vienne le 3 mars 1980,

(vi) les infractions visées au paragraphe 7(2) et mettant en oeuvre le Protocole pour la répression des actes illicites de violence dans les aéroports servant à l’aviation civile internationale, complémentaire à la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, signé à Montréal le 24 février 1988,

(vii) les infractions visées au paragraphe 7(2.1) et mettant en oeuvre la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, conclue à Rome le 10 mars 1988,

(viii) les infractions visées aux paragraphes 7(2.1) ou (2.2) et mettant en oeuvre le Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, conclu à Rome le 10 mars 1988,

(ix) les infractions visées au paragraphe 7(3.72) et mettant en oeuvre la Convention internationale pour la répression des attentats terroristes à l’explosif, adoptée par l’Assemblée générale des Nations Unies le 15 décembre 1997,

(x) les infractions visées au paragraphe 7(3.73) et mettant en oeuvre la Convention internationale pour la répression du financement du terrorisme, adoptée par l’Assemblée générale des Nations Unies le 9 décembre 1999;

b) soit un acte — action ou omission, commise au Canada ou à l’étranger :

(i) d’une part, commis à la fois :

(A) au nom — exclusivement ou non — d’un but, d’un objectif ou d’une cause de nature politique, religieuse ou idéologique,

(B) en vue — exclusivement ou non — d’intimider tout ou partie de la population quant à sa sécurité, entre autres sur le plan économique, ou de contraindre une personne, un gouvernement ou une organisation nationale ou internationale à accomplir un acte ou à s’en abstenir, que la personne, la population, le gouvernement ou l’organisation soit ou non au Canada,

(ii) d’autre part, qui intentionnellement, selon le cas :

(A) cause des blessures graves à une personne ou la mort de celle-ci, par l’usage de la violence,

(B) met en danger la vie d’une personne,

(C) compromet gravement la santé ou la sécurité de tout ou partie de la population,

(D) cause des dommages matériels considérables, que les biens visés soient publics ou privés, dans des circonstances telles qu’il est probable que l’une des situations mentionnées aux divisions (A) à (C) en résultera,

(E) perturbe gravement ou paralyse des services, installations ou systèmes essentiels, publics ou privés, sauf dans le cadre de revendications, de protestations ou de manifestations d’un désaccord ou d’un arrêt de travail qui n’ont pas pour but de provoquer l’une des situations mentionnées aux divisions (A) à (C).

Sont visés par la présente définition, relativement à un tel acte, le complot, la tentative, la menace, la complicité après le fait et l’encouragement à la perpétration; il est entendu que sont exclus de la présente définition l’acte — action ou omission — commis au cours d’un conflit armé et conforme, au moment et au lieu de la perpétration, au droit international coutumier ou au droit international conventionnel applicable au conflit ainsi que les activités menées par les forces armées d’un État dans l’exercice de leurs fonctions officielles, dans la mesure où ces activités sont régies par d’autres règles de droit international.

« Canadien »

“Canadian”

« Canadien » Citoyen canadien, résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés ou personne morale constituée ou prorogée sous le régime d’une loi fédérale ou provinciale.

« entité »

“entity”

« entité » Personne, groupe, fiducie, société de personnes ou fonds, ou organisation ou association non dotée de la personnalité morale.

« entité inscrite »

“listed entity”

« entité inscrite » Entité inscrite sur la liste établie par le gouverneur en conseil en vertu de l’article 83.05.

« groupe terroriste »

“terrorist group”

« groupe terroriste »

a) Soit une entité dont l’un des objets ou l’une des activités est de se livrer à des activités terroristes ou de les faciliter;

b) soit une entité inscrite.

Est assimilé à un groupe terroriste un groupe ou une association formé de groupes terroristes au sens de la présente définition.

Interprétation

(1.1) Il est entendu que l’expression d’une pensée, d’une croyance ou d’une opinion de nature politique, religieuse ou idéologique n’est visée à l’alinéa b) de la définition de « activité terroriste » au paragraphe (1) que si elle constitue un acte — action ou omission — répondant aux critères de cet alinéa.

Facilitation

(2) Pour l’application de la présente partie, faciliter s’interprète en conformité avec le paragraphe 83.19(2).

2001, ch. 41, art. 4 et 126.

Financement du terrorisme Fournir ou réunir des biens en vue de certains actes

83.02 Est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans quiconque, directement ou non, fournit ou réunit, délibérément et sans justification ou excuse légitime, des biens dans l’intention de les voir utiliser — ou en sachant qu’ils seront utilisés — en tout ou en partie, en vue :

a) d’un acte — action ou omission — qui constitue l’une des infractions prévues aux sous-alinéas a)(i) à (ix) de la définition de « activité terroriste » au paragraphe 83.01(1);

b) de tout autre acte — action ou omission — destiné à causer la mort ou des dommages corporels graves à une personne qui ne participe pas directement aux hostilités dans une situation de conflit armé, notamment un civil, si, par sa nature ou son contexte, cet acte est destiné à intimider la population ou à contraindre un gouvernement ou une organisation internationale à accomplir ou à s’abstenir d’accomplir un acte quelconque.

2001, ch. 41, art. 4.

Fournir, rendre disponibles, etc. des biens ou services à des fins terroristes

83.03 Est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans quiconque, directement ou non, réunit des biens ou fournit — ou invite une autre personne à le faire — ou rend disponibles des biens ou des services financiers ou connexes :

a) soit dans l’intention de les voir utiliser — ou en sachant qu’ils seront utilisés — , en tout ou en partie, pour une activité terroriste, pour faciliter une telle activité ou pour en faire bénéficier une personne qui se livre à une telle activité ou la facilite;

b) soit en sachant qu’ils seront utilisés, en tout ou en partie, par un groupe terroriste ou qu’ils bénéficieront, en tout ou en partie, à celui-ci.

2001, ch. 41, art. 4.

Utiliser ou avoir en sa possession des biens à des fins terroristes

83.04 Est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans quiconque, selon le cas :

a) utilise directement ou non, en tout ou en partie, des biens pour une activité terroriste ou pour la faciliter;

b) a en sa possession des biens dans l’intention de les voir utiliser — ou en sachant qu’ils seront utilisés — directement ou non, en tout ou en partie, pour une activité terroriste ou pour la faciliter.

2001, ch. 41, art. 4.

Inscription des entités Établissement de la liste

83.05 (1) Le gouverneur en conseil peut, par règlement, établir une liste sur laquelle il inscrit toute entité dont il est convaincu, sur la recommandation du ministre de la Sécurité publique et de la Protection civile, qu’il existe des motifs raisonnables de croire :

a) que, sciemment, elle s’est livrée ou a tenté de se livrer à une activité terroriste, y a participé ou l’a facilitée;

b) que, sciemment, elle agit au nom d’une entité visée à l’alinéa a), sous sa direction ou en collaboration avec elle.

Recommandation

(1.1) Le ministre ne fait la recommandation visée au paragraphe (1) que s’il a des motifs raisonnables de croire que l’entité en cause est visée aux alinéas (1)a) ou b).

Radiation

(2) Le ministre, saisi d’une demande écrite présentée par une entité inscrite, décide s’il a des motifs raisonnables de recommander ou non au gouverneur en conseil de radier celle­ ci de la liste.

Présomption

(3) S’il ne rend pas sa décision dans les soixante jours suivant la réception de la demande, le ministre est réputé avoir décidé de ne pas recommander la radiation.

Avis de la décision au demandeur

(4) Le ministre donne sans délai au demandeur un avis de la décision qu’il a rendue ou qu’il est réputé avoir rendue relativement à la demande.

Contrôle judiciaire

(5) Dans les soixante jours suivant la réception de l’avis, le demandeur peut présenter au juge une demande de révision de la décision.

Examen judiciaire

(6) Dès qu’il est saisi de la demande, le juge procède de la façon suivante :

a) il examine à huis clos les renseignements en matière de sécurité ou de criminalité qui ont été pris en considération pour l’inscription du demandeur sur la liste et recueille les autres éléments de preuve ou d’information présentés par le ministre ou en son nom; il peut, à la demande de celui-ci, recueillir tout ou partie de ces éléments en l’absence du demandeur ou de son avocat, s’il estime que leur divulgation porterait atteinte à la sécurité nationale ou à la sécurité d’autrui;

b) il fournit au demandeur un résumé de l’information dont il dispose — sauf celle dont la divulgation pourrait, à son avis, porter atteinte à la sécurité nationale ou à la sécurité d’autrui — afin de lui permettre d’être suffisamment informé des motifs de la décision;

c) il donne au demandeur la possibilité d’être entendu;

d) il décide si la décision est raisonnable compte tenu de l’information dont il dispose et, dans le cas où il décide que la décision n’est pas raisonnable, il ordonne la radiation.

Preuve

(6.1) Le juge peut recevoir et admettre en preuve tout élément qu’il estime digne de foi et approprié — même si le droit canadien ne prévoit pas par ailleurs son admissibilité — et peut fonder sa décision sur cet élément.

Publication

(7) Une fois la décision ordonnant la radiation passée en force de chose jugée, le ministre en fait publier avis sans délai dans la Gazette du Canada.

Nouvelle demande de radiation

(8) L’entité inscrite ne peut présenter une nouvelle demande de radiation en vertu du paragraphe (2) que si sa situation a évolué d’une manière importante depuis la présentation de sa dernière demande ou que si le ministre a terminé l’examen mentionné au paragraphe (9).

Examen périodique de la liste

(9) Deux ans après l’établissement de la liste et tous les deux ans par la suite, le ministre examine celle-ci pour savoir si les motifs visés au paragraphe (1) justifiant l’inscription d’une entité sur la liste existent toujours et recommande au gouverneur en conseil de radier ou non cette entité de la liste. L’examen est sans effet sur la validité de la liste.

Fin de l’examen

(10) Le ministre termine son examen dans les meilleurs délais mais au plus tard cent vingt jours après l’avoir commencé. Une fois l’examen terminé, il fait publier sans délai un avis à cet effet dans la Gazette du Canada.

Définition de « juge »

(11) Au présent article, « juge » s’entend du juge en chef de la Cour fédérale ou du juge de cette juridiction désigné par celui-ci.

2001, ch. 41, art. 4 et 143; 2005, ch. 10, art. 18 et 34.

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Renseignements secrets obtenus de gouvernements étrangers

83.06 (1) Pour l’application du paragraphe 83.05(6), procédant à huis clos et en l’absence du demandeur ou de son avocat :

a) le ministre de la Sécurité publique et de la Protection civile peut présenter au juge une demande en vue de faire admettre en preuve des renseignements obtenus sous le sceau du secret du gouvernement d’un État étranger ou d’une organisation internationale d’États, ou de l’un de leurs organismes;

b) le juge examine les renseignements et accorde à l’avocat du ministre la possibilité de lui présenter ses arguments sur la pertinence des renseignements et le fait qu’ils ne devraient pas être communiqués au demandeur ou à son avocat parce que la communication porterait atteinte à la sécurité nationale ou à la sécurité d’autrui.

Renvoi des renseignements

(2) Ces renseignements sont renvoyés à l’avocat du ministre et ne peuvent servir de fondement à la décision rendue au titre de l’alinéa 83.05(6)d) dans les cas suivants :

a) le juge décide qu’ils ne sont pas pertinents;

b) le juge décide qu’ils sont pertinents, mais qu’ils devraient faire partie du résumé à fournir au titre de l’alinéa 83.05(6)b);

c) le ministre retire la demande.

Utilisation des renseignements

(3) Si le juge décide que ces renseignements sont pertinents, mais que leur communication au titre de l’alinéa 83.05(6)b) porterait atteinte à la sécurité nationale ou à la sécurité d’autrui, il les exclut du résumé, mais peut s’en servir comme fondement de la décision qu’il rend au titre de l’alinéa 83.05(6)d).

2001, ch. 41, art. 4; 2005, ch. 10, art. 19.

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Erreur sur la personne

83.07 (1) L’entité qui prétend ne pas être une entité inscrite peut demander au ministre de la Sécurité publique et de la Protection civile de lui délivrer un certificat à cet effet.

Délivrance du certificat

(2) S’il est convaincu que le demandeur n’est pas une entité inscrite, le ministre délivre le certificat dans les quinze jours suivant la réception de la demande.

2001, ch. 41, art. 4; 2005, ch. 10, art. 20.

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Blocage des biens Blocage des biens

83.08 (1) Il est interdit à toute personne au Canada et à tout Canadien à l’étranger :

a) d’effectuer sciemment, directement ou non, une opération portant sur des biens qui appartiennent à un groupe terroriste, ou qui sont à sa disposition, directement ou non;

b) de conclure sciemment, directement ou non, une opération relativement à des biens visés à l’alinéa a) ou d’en faciliter sciemment, directement ou non, la conclusion;

c) de fournir sciemment toute forme de services financiers ou connexes liés à des biens visés à l’alinéa a) à un groupe terroriste, pour son profit ou sur son ordre.

Immunité

(2) Nul ne peut être poursuivi au civil pour avoir fait ou omis de faire quoi que ce soit dans le but de se conformer au paragraphe (1), s’il a agi raisonnablement et pris toutes les dispositions voulues pour se convaincre que le bien en cause appartient à un groupe terroriste ou est à sa disposition, directement ou non.

2001, ch. 41, art. 4.

Exemptions

83.09 (1) Le ministre de la Sécurité publique et de la Protection civile — ou toute personne qu’il désigne — peut autoriser toute personne au Canada ou tout Canadien à

l’étranger à se livrer à toute opération ou activité — ou catégorie d’opérations ou d’activités — qu’interdit l’article 83.08.

Autorisation

(2) Le ministre peut assortir l’autorisation des conditions qu’il estime nécessaires; il peut également la modifier, la suspendre, la révoquer ou la rétablir.

Rang

(3) Le blocage ne porte pas atteinte au rang des droits et intérêts — garantis ou non — détenus sur les biens qui en font l’objet par des personnes qui ne sont pas des groupes terroristes ou des mandataires de ceux-ci.

Tiers participant

(4) Dans le cas où une personne a obtenu une autorisation en vertu du paragraphe (1), toute autre personne qui participe à l’opération ou à l’activité — ou à la catégorie d’opérations ou d’activités — visée par l’autorisation est soustraite à l’application des articles 83.08, 83.1 et 83.11 si les conditions dont l’autorisation est assortie, le cas échéant, sont respectées.

2001, ch. 41, art. 4; 2005, ch. 10, art. 21.

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Communication

83.1 (1) Toute personne au Canada et tout Canadien à l’étranger est tenu de communiquer sans délai au directeur du Service canadien du renseignement de sécurité et au commissaire de la Gendarmerie royale du Canada :

a) l’existence de biens qui sont en sa possession ou à sa disposition et qui, à sa connaissance, appartiennent à un groupe terroriste, ou qui sont à sa disposition, directement ou non;

b) tout renseignement portant sur une opération, réelle ou projetée, mettant en cause des biens visés à l’alinéa a).

Immunité

(2) Nul ne peut être poursuivi pour avoir fait de bonne foi une communication au titre du paragraphe (1).

2001, ch. 41, art. 4.

Obligation de vérification

83.11 (1) Il incombe aux entités ci-après de vérifier de façon continue l’existence de biens qui sont en leur possession ou à leur disposition et qui appartiennent à une entité inscrite ou sont à sa disposition, directement ou non :

a) les banques régies par la Loi sur les banques et les banques étrangères autorisées, au sens de l’article 2 de la Loi sur les banques, dans le cadre des activités que ces dernières exercent au Canada;

b) les coopératives de crédit, caisses d’épargne et de crédit et caisses populaires régies par une loi provinciale et les associations régies par la Loi sur les associations coopératives de crédit;

c) les sociétés étrangères, au sens du paragraphe 2(1) de la Loi sur les sociétés d’assurances, dans le cadre des activités d’assurance qu’elles exercent au Canada;

c.1) les sociétés, les sociétés de secours et les sociétés provinciales au sens du paragraphe 2(1) de la Loi sur les sociétés d’assurances;

c.2) les sociétés de secours mutuel régies par une loi provinciale, dans le cadre de leurs activités d’assurance, et les sociétés d’assurances et autres entités régies par une loi provinciale qui exercent le commerce de l’assurance;

d) les sociétés régies par la Loi sur les sociétés de fiducie et de prêt;

e) les sociétés de fiducie régies par une loi provinciale;

f) les sociétés de prêt régies par une loi provinciale;

g) les entités autorisées en vertu de la législation provinciale à se livrer au commerce des valeurs mobilières, ou à la fourniture de services de gestion de portefeuille ou de conseils en placement.

Rapport

(2) Sous réserve des règlements, il incombe aux entités visées aux alinéas (1)a) à g) de rendre compte, selon la périodicité précisée dans le règlement ou, à défaut, chaque mois, à l’autorité ou à l’organisme principal de surveillance ou de réglementation dont elles relèvent sous le régime d’une loi fédérale ou provinciale :

a) soit du fait qu’elles n’ont pas en leur possession ni à leur disposition des biens visés au paragraphe (1);

b) soit du fait qu’elles en ont, auquel cas elles sont tenues d’indiquer le nombre de personnes, de comptes ou de contrats en cause et la valeur totale des biens.

Immunité

(3) Nul ne peut être poursuivi pour avoir fait rapport de bonne foi au titre du paragraphe (2).

Règlements

(4) Le gouverneur en conseil peut, par règlement :

a) soustraire, aux conditions qui y sont précisées, toute entité ou catégorie d’entités à l’obligation de rendre compte prévue au paragraphe (2);

b) préciser la périodicité du rapport.

2001, ch. 41, art. 4.

Infraction — blocage des biens, communication ou vérification

83.12 (1) Quiconque contrevient aux articles 83.08, 83.1 ou 83.11 commet une infraction et encourt, sur déclaration de culpabilité :

a) par procédure sommaire, une amende maximale de 100 000 $ et un emprisonnement maximal de un an, ou l’une de ces peines;

b) par mise en accusation, un emprisonnement maximal de dix ans.

Aucune contravention

(2) Ne contrevient pas à l’article 83.1 la personne qui ne communique l’information en cause qu’au directeur du Service canadien du renseignement ou qu’au commissaire de la Gendarmerie royale du Canada.

2001, ch. 41, art. 4.

Saisie et blocage de biens Mandat spécial

83.13 (1) Sur demande du procureur général présentée ex parte et entendue à huis clos, le juge de la Cour fédérale qui est convaincu qu’il existe des motifs raisonnables de croire qu’il se trouve dans un bâtiment, contenant ou lieu des biens qui pourraient faire l’objet d’une ordonnance de confiscation en vertu du paragraphe 83.14(5) peut :

a) dans le cas où les biens sont situés au Canada, délivrer un mandat autorisant la personne qui y est nommée ou un agent de la paix à perquisitionner dans ce bâtiment, contenant ou lieu et à saisir les biens en cause ainsi que tout autre bien dont cette

personne ou l’agent de la paix a des motifs raisonnables de croire qu’il pourrait faire l’objet d’une telle ordonnance;

b) dans le cas où les biens sont situés au Canada ou à l’étranger, rendre une ordonnance de blocage interdisant à toute personne de se départir des biens précisés dans l’ordonnance ou d’effectuer des opérations sur les droits qu’elle détient sur ceux-ci, sauf dans la mesure prévue.

Teneur de la demande

(1.1) L’affidavit qui accompagne la demande peut contenir des déclarations fondées sur ce que sait et croit le déclarant, mais, par dérogation aux Règles de la Cour fédérale (1998), le fait de ne pas offrir le témoignage de personnes ayant une connaissance personnelle des faits importants ne peut donner lieu à des conclusions défavorables.

Nomination d’un administrateur

(2) Saisi d’une demande en vertu du paragraphe (1), le juge peut, à la demande du procureur général, s’il l’estime indiqué dans les circonstances :

a) nommer un administrateur et lui ordonner de prendre en charge ces biens en tout ou en partie, de les administrer ou d’effectuer toute autre opération à leur égard conformément à ses directives;

b) ordonner à toute personne qui a la possession des biens, à l’égard desquels un administrateur est nommé, de les remettre à celui-ci.

Ministre des Travaux publics et des Services gouvernementaux

(3) À la demande du procureur général du Canada, le juge nomme le ministre des Travaux publics et des Services gouvernementaux à titre d’administrateur visé au paragraphe (2).

Administration

(4) La charge d’administrer des biens ou d’effectuer toute autre opération à leur égard comprend notamment :

a) dans le cas de biens périssables ou qui se déprécient rapidement, le pouvoir de les vendre;

b) dans le cas de biens qui n’ont que peu ou pas de valeur, le pouvoir de les détruire.

Demande d’ordonnance de destruction

(5) Avant de détruire des biens visés à l’alinéa (4)b), la personne qui en a la charge est tenue de demander à un juge de la Cour fédérale de rendre une ordonnance de destruction.

Préavis

(6) Avant de rendre une ordonnance de destruction, le juge exige que soit donné un préavis conformément au paragraphe (7) à quiconque, à son avis, semble avoir un droit sur les biens; le juge peut aussi entendre une telle personne.

Modalités du préavis

(7) Le préavis est donné selon les modalités précisées par le juge ou prévues par les règles de la Cour fédérale.

Ordonnance

(8) Le juge ordonne la destruction des biens s’il est convaincu que ceux-ci n’ont que peu ou pas de valeur, financière ou autre.

Cessation d’effet de l’ordonnance de prise en charge

(9) L’ordonnance de prise en charge cesse d’avoir effet lorsque les biens qu’elle vise sont remis, conformément à la loi, à celui qui présente une demande en ce sens ou sont confisqués au profit de Sa Majesté.

Demande de modification

(10) Le procureur général peut demander à un juge de la Cour fédérale d’annuler ou de modifier un mandat délivré ou une ordonnance rendue en vertu du présent article, à l’exclusion de la nomination effectuée en vertu du paragraphe (3).

Dispositions applicables

(11) Les paragraphes 462.32 (4) et (6), les articles 462.34 à 462.35 et 462.4, les paragraphes 487(3) et (4) et l’article 488 s’appliquent, avec les adaptations nécessaires, au mandat délivré en vertu de l’alinéa (1)a).

Dispositions applicables

(12) Les paragraphes 462.33(4) et (6) à (11) et les articles 462.34 à 462.35 et 462.4 s’appliquent, avec les adaptations nécessaires, à l’ordonnance rendue en vertu de l’alinéa (1)b).

2001, ch. 41, art. 4.

Confiscation des biens Demande d’ordonnance

83.14 (1) Le procureur général peut demander à un juge de la Cour fédérale une ordonnance de confiscation à l’égard :

a) de biens qui appartiennent à un groupe terroriste, ou qui sont à sa disposition, directement ou non;

b) de biens qui ont été ou seront utilisés — en tout ou en partie — par quiconque pour se livrer à une activité terroriste ou pour la faciliter.

Teneur de la demande

(2) L’affidavit qui accompagne la demande peut contenir des déclarations fondées sur ce que sait et croit le déclarant, mais, par dérogation aux Règles de la Cour fédérale (1998), le fait de ne pas offrir le témoignage de personnes ayant une connaissance personnelle des faits importants ne peut donner lieu à des conclusions défavorables.

Défendeurs

(3) Le procureur général est tenu de ne nommer à titre de défendeur à l’égard de la demande visée au paragraphe (1) que les personnes connues comme des personnes à qui appartiennent les biens visés par la demande ou qui ont ces biens à leur disposition.

Avis

(4) Le procureur général est tenu de donner un avis de la demande visée au paragraphe (1) aux défendeurs nommés de la façon que le juge ordonne ou tel qu’il est prévu par les règles de la Cour fédérale.

Confiscation

(5) S’il est convaincu, selon la prépondérance des probabilités, que les biens sont visés par les alinéas (1)a) ou b), le juge ordonne la confiscation des biens au profit de Sa Majesté; l’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec la loi.

Utilisation du produit de la disposition

(5.1) Le produit de la disposition de biens visée au paragraphe (5) peut être utilisé pour dédommager les victimes d’activités terroristes et financer les mesures antiterroristes, conformément aux règlements pris par le gouverneur en conseil en vertu du paragraphe (5.2).

Règlement

(5.2) Le gouverneur en conseil peut, par règlement, prévoir le mode de distribution du produit mentionné au paragraphe (5.1).

Ordonnance de non-confiscation

(6) Dans le cas où le juge refuse la demande visée au paragraphe (1) à l’égard de biens, il est tenu de rendre une ordonnance décrivant ces biens et les déclarant non visés par ce paragraphe.

Avis

(7) Saisi d’une demande en vertu du paragraphe (1), le juge peut exiger qu’en soit avisée toute personne qui, à son avis, semble avoir un droit sur les biens en cause. Celle-ci a le droit d’être nommée à titre de défendeur à l’égard de cette demande.

Droits des tiers

(8) Le juge, s’il est convaincu que la personne visée au paragraphe (7) a un droit sur les biens, a pris des précautions suffisantes pour que ces biens ne risquent pas d’être utilisés par quiconque pour se livrer à une activité terroriste ou la faciliter et n’est pas membre d’un groupe terroriste, déclare la nature et l’étendue de ce droit et rend une ordonnance selon laquelle l’ordonnance de confiscation ne porte pas atteinte à celui-ci.

Facteurs : maison d’habitation

(9) Dans le cas où les biens qui font l’objet d’une demande visée au paragraphe (1) sont constitués, en tout ou en partie, d’une maison d’habitation, le juge prend aussi en compte les facteurs suivants :

a) l’effet qu’aurait la confiscation à l’égard des membres de la famille immédiate de la personne à qui appartient la maison d’habitation ou qui l’a à sa disposition, s’il s’agissait de la résidence principale de l’intéressé avant qu’elle ne soit bloquée par ordonnance ou visée par la demande de confiscation, et qu’elle continue de l’être par la suite;

b) le fait que l’intéressé semble innocent ou non de toute complicité ou collusion à l’égard de l’activité terroriste.

Requête pour modifier ou annuler l’ordonnance

(10) Dans les soixante jours suivant la date où une ordonnance est rendue en vertu du paragraphe (5), la personne qui prétend avoir un droit sur les biens confisqués et qui n’a pas reçu l’avis prévu au paragraphe (7) peut demander par requête à la Cour fédérale de modifier ou annuler l’ordonnance.

Nulle prorogation de délai

(11) La Cour ne peut proroger le délai visé au paragraphe (10).

2001, ch. 41, art. 4.

Disposition des biens saisis

83.15 Le paragraphe 462.42(6) et les articles 462.43 et 462.46 s’appliquent, avec les adaptations nécessaires, aux biens visés par le mandat délivré ou l’ordonnance de blocage rendue en vertu du paragraphe 83.13(1) ou confisqués en vertu du paragraphe 83.14(5).

2001, ch. 41, art. 4.

Sauvegarde des droits

83.16 (1) Le blocage ou la saisie de biens sous le régime de l’article 83.13 restent tenants, et la personne nommée pour la prise en charge de ces biens en vertu du même article continue d’agir à ce titre, jusqu’à ce qu’il soit statué sur l’appel formé contre une ordonnance rendue en vertu de l’article 83.14.

Appel du refus d’accorder l’ordonnance

(2) L’article 462.34 s’applique, avec les adaptations nécessaires, aux appels interjetés à l’égard du refus d’accorder une ordonnance en vertu du paragraphe 83.14(5).

2001, ch. 41, art. 4.

Maintien de dispositions spécifiques

83.17 (1) La présente partie ne porte pas atteinte aux autres dispositions de la présente loi ou de toute autre loi fédérale qui visent la confiscation de biens.

Priorité aux victimes

(2) Un bien ne peut être confisqué en vertu du paragraphe 83.14(5) que dans la mesure où il n’est pas requis pour l’application d’une autre disposition de la présente loi ou d’une autre loi fédérale en matière de restitution ou de dédommagement en faveur des victimes d’infractions criminelles.

2001, ch. 41, art. 4.

Participer, faciliter, donner des instructions et héberger Participation à une activité d’un groupe terroriste

83.18 (1) Est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans quiconque, sciemment, participe à une activité d’un groupe terroriste, ou y contribue, directement ou non, dans le but d’accroître la capacité de tout groupe terroriste de se livrer à une activité terroriste ou de la faciliter.

Poursuite

(2) Pour que l’infraction visée au paragraphe (1) soit commise, il n’est pas nécessaire :

a) qu’une activité terroriste soit effectivement menée ou facilitée par un groupe terroriste;

b) que la participation ou la contribution de l’accusé accroisse effectivement la capacité d’un groupe terroriste de se livrer à une activité terroriste ou de la faciliter;

c) que l’accusé connaisse la nature exacte de toute activité terroriste susceptible d’être menée ou facilitée par un groupe terroriste.

Participation ou contribution

(3) La participation ou la contribution à une activité d’un groupe terroriste s’entend notamment :

a) du fait de donner ou d’acquérir de la formation ou de recruter une personne à une telle fin;

b) du fait de mettre des compétences ou une expertise à la disposition d’un groupe terroriste, à son profit ou sous sa direction, ou en association avec lui, ou d’offrir de le faire;

c) du fait de recruter une personne en vue de faciliter ou de commettre une infraction de terrorisme ou un acte à l’étranger qui, s’il était commis au Canada, constituerait une telle infraction;

d) du fait d’entrer ou de demeurer dans un pays au profit ou sous la direction d’un groupe terroriste, ou en association avec lui;

e) du fait d’être disponible, sous les instructions de quiconque fait partie d’un groupe terroriste, pour faciliter ou commettre une infraction de terrorisme ou un acte à l’étranger qui, s’il était commis au Canada, constituerait une telle infraction.

Facteurs

(4) Pour déterminer si l’accusé participe ou contribue à une activité d’un groupe terroriste, le tribunal peut notamment prendre en compte les faits suivants :

a) l’accusé utilise un nom, un mot, un symbole ou un autre signe qui identifie le groupe ou y est associé;

b) il fréquente quiconque fait partie du groupe terroriste;

c) il reçoit un avantage du groupe terroriste;

d) il se livre régulièrement à des activités selon les instructions d’une personne faisant partie du groupe terroriste.

2001, ch. 41, art. 4.

Facilitation d’une activité terroriste

83.19 (1) Est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans quiconque sciemment facilite une activité terroriste.

Facilitation

(2) Pour l’application de la présente partie, il n’est pas nécessaire pour faciliter une activité terroriste :

a) que l’intéressé sache qu’il se trouve à faciliter une activité terroriste en particulier;

b) qu’une activité terroriste en particulier ait été envisagée au moment où elle est facilitée;

c) qu’une activité terroriste soit effectivement mise à exécution.

2001, ch. 41, art. 4.

Infraction au profit d’un groupe terroriste

83.2 Est coupable d’un acte criminel passible d’un emprisonnement à perpétuité quiconque commet un acte criminel prévu par la présente loi ou par une autre loi fédérale au profit ou sous la direction d’un groupe terroriste, ou en association avec lui.

2001, ch. 41, art. 4.

Charger une personne de se livrer à une activité pour un groupe terroriste

83.21 (1) Est coupable d’un acte criminel passible d’un emprisonnement à perpétuité quiconque, sciemment, charge directement ou indirectement une personne de se livrer à une activité au profit ou sous la direction d’un groupe terroriste, ou en association avec lui, dans le but d’accroître la capacité de tout groupe terroriste de se livrer à une activité terroriste ou de la faciliter.

Poursuite

(2) Pour que l’infraction visée au paragraphe (1) soit commise, il n’est pas nécessaire :

a) que l’activité à laquelle l’accusé charge quiconque de se livrer soit effectivement mise à exécution;

b) que l’accusé charge une personne en particulier de se livrer à l’activité;

c) que l’accusé connaisse l’identité de la personne qu’il charge de se livrer à l’activité;

d) que la personne chargée par l’accusé de se livrer à l’activité sache que celle-ci est censée être menée au profit ou sous la direction d’un groupe terroriste, ou en association avec lui;

e) qu’une activité terroriste soit effectivement menée ou facilitée par un groupe terroriste;

f) que l’activité visée à l’alinéa a) accroisse effectivement la capacité d’un groupe terroriste de se livrer à une activité terroriste ou de la faciliter;

g) que l’accusé connaisse la nature exacte de toute activité terroriste susceptible d’être menée ou facilitée par un groupe terroriste.

2001, ch. 41, art. 4.

Charger une personne de se livrer à une activité terroriste

83.22 (1) Est coupable d’un acte criminel passible d’un emprisonnement à perpétuité quiconque, sciemment, charge, directement ou non, une personne de se livrer à une activité terroriste.

Poursuite

(2) Pour que l’infraction visée au paragraphe (1) soit commise, il n’est pas nécessaire :

a) que l’activité terroriste soit effectivement mise à exécution;

b) que l’accusé charge une personne en particulier de se livrer à l’activité terroriste;

c) que l’accusé connaisse l’identité de la personne qu’il charge de se livrer à l’activité terroriste;

d) que la personne chargée par l’accusé de se livrer à l’activité terroriste sache qu’il s’agit d’une activité terroriste.

2001, ch. 41, art. 4.

Héberger ou cacher

83.23 Est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans quiconque héberge ou cache sciemment une personne dont il sait qu’elle s’est livrée à une activité terroriste ou est susceptible de le faire, afin de lui permettre de se livrer à une activité terroriste ou de la faciliter.

2001, ch. 41, art. 4.

Incitation à craindre des activités terroristes Incitation à craindre des activités terroristes

83.231 (1) Commet une infraction quiconque, sans excuse légitime et avec l’intention de faire craindre à quelqu’un soit la mort ou des blessures corporelles, soit des dommages matériels considérables à des biens ou une entrave sérieuse à l’emploi ou l’exploitation légitime de ceux-ci :

a) transmet ou fait en sorte que soient transmis des renseignements qui, compte tenu du contexte, sont susceptibles de faire raisonnablement craindre que des activités terroristes sont ou seront menées, sans être convaincu de leur véracité;

b) commet un acte qui, compte tenu du contexte, est susceptible de faire raisonnablement craindre que des activités terroristes sont ou seront menées, sans être convaincu qu’il en est ainsi.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Fait de causer des blessures corporelles

(3) Quiconque, en commettant l’infraction prévue au paragraphe (1), cause des blessures corporelles à une autre personne est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire passible d’un emprisonnement maximal de dix-huit mois.

Fait de causer la mort

(4) Quiconque, en commettant l’infraction prévue au paragraphe (1), cause la mort d’une autre personne est coupable d’un acte criminel passible de l’emprisonnement à perpétuité.

2004, ch. 15, art. 32.

Procédure et aggravation de peine Consentement du procureur général

83.24 Il ne peut être engagé de poursuite à l’égard d’une infraction de terrorisme ou de l’infraction prévue à l’article 83.12 sans le consentement du procureur général.

2001, ch. 41, art. 4.

Compétence

83.25 (1) Les poursuites relatives à une infraction de terrorisme ou à une infraction prévue à l’article 83.12, peuvent, que l’accusé soit présent au Canada ou non, être engagées dans toute circonscription territoriale au Canada par le gouvernement du Canada et menées par le procureur général du Canada ou l’avocat agissant en son nom, dans le cas où l’infraction est censée avoir été commise à l’extérieur de la province dans laquelle les poursuites sont engagées, que des poursuites aient été engagées antérieurement ou non ailleurs au Canada.

Procès et peine

(2) L’accusé peut être jugé et puni à l’égard de l’infraction visée au paragraphe (1) comme si celle-ci avait été commise dans la circonscription territoriale où les poursuites sont menées.

2001, ch. 41, art. 4.

Peines consécutives

83.26 La peine — sauf une peine d’emprisonnement à perpétuité — infligée à une personne pour une infraction prévue à l’un des articles 83.02 à 83.04 et 83.18 à 83.23 est purgée consécutivement :

a) à toute autre peine — sauf une peine d’emprisonnement à perpétuité — sanctionnant une autre infraction basée sur les mêmes faits;

b) à toute autre peine — sauf une peine d’emprisonnement à perpétuité — en cours d’exécution infligée à une personne pour une infraction prévue à l’un de ces articles.

2001, ch. 41, art. 4.

Aggravation de peine

83.27 (1) Malgré toute autre disposition de la présente loi, quiconque est déclaré coupable d’un acte criminel, à l’exception d’une infraction pour laquelle l’emprisonnement à perpétuité constitue la peine minimale, est passible de l’emprisonnement à perpétuité dans le cas où l’acte — acte ou omission — constituant l’infraction constitue également une activité terroriste.

Notification du délinquant

(2) Le paragraphe (1) ne s’applique que si le poursuivant convainc le tribunal que le délinquant, avant de faire son plaidoyer, a été avisé que l’application de ce paragraphe serait demandée.

2001, ch. 41, art. 4.

Investigation Définition de « juge »

83.28 (1) Au présent article et à l’article 83.29, « juge » s’entend d’un juge de la cour provinciale ou d’un juge d’une cour supérieure de juridiction criminelle.

Demande de collecte de renseignements

(2) Sous réserve du paragraphe (3), l’agent de la paix peut, pour la conduite d’une enquête relative à une infraction de terrorisme, demander à un juge, en l’absence de toute autre partie, de rendre une ordonnance autorisant la recherche de renseignements.

Consentement du procureur général

(3) L’agent de la paix ne peut présenter la demande que s’il a obtenu le consentement préalable du procureur général.

Ordonnance d’obtention d’éléments de preuve

(4) Saisi de la demande, le juge peut rendre l’ordonnance s’il est convaincu que le consentement du procureur général a été obtenu en conformité avec le paragraphe (3) et :

a) ou bien il existe des motifs raisonnables de croire, à la fois :

(i) qu’une infraction de terrorisme a été commise,

(ii) que des renseignements relatifs à l’infraction ou susceptibles de révéler le lieu où se trouve un individu que l’agent de la paix soupçonne de l’avoir commise sont susceptibles d’être obtenus en vertu de l’ordonnance;

b) ou bien sont réunis les éléments suivants :

(i) il existe des motifs raisonnables de croire qu’une infraction de terrorisme sera commise,

(ii) il existe des motifs raisonnables de croire qu’une personne a des renseignements directs et pertinents relatifs à une infraction de terrorisme visée au sous-alinéa (i) ou de nature à révéler le lieu où se trouve l’individu que l’agent de la paix soupçonne d’être susceptible de commettre une telle infraction de terrorisme,

(iii) des efforts raisonnables ont été déployés pour obtenir les renseignements visés au sous-alinéa (ii) de la personne qui y est visée.

Modalités de l’ordonnance

(5) L’ordonnance peut contenir les dispositions suivantes :

a) l’ordre de procéder à l’interrogatoire, sous serment ou non, d’une personne désignée;

b) l’ordre à cette personne de se présenter au lieu que le juge ou le juge désigné au titre de l’alinéa d) fixe pour l’interrogatoire et de demeurer présente jusqu’à ce qu’elle soit libérée par le juge qui préside;

c) l’ordre à cette personne d’apporter avec elle toute chose qu’elle a en sa possession ou à sa disposition afin de la remettre au juge qui préside;

d) la désignation d’un autre juge pour présider l’interrogatoire;

e) les modalités que le juge estime indiquées, notamment quant à la protection des droits de la personne que l’ordonnance vise ou de ceux des tiers, ou quant à la protection de toute investigation en cours.

Exécution

(6) L’ordonnance peut être exécutée en tout lieu au Canada.

Modifications

(7) Le juge qui a rendu l’ordonnance ou un autre juge du même tribunal peut modifier les conditions de celle-ci.

Refus d’obtempérer

(8) La personne visée par l’ordonnance répond aux questions qui lui sont posées par le procureur général ou son représentant, et remet au juge qui préside les choses exigées par l’ordonnance, mais peut refuser de le faire dans la mesure où la réponse aux questions ou

la remise de choses révélerait des renseignements protégés par le droit applicable en matière de divulgation ou de privilèges.

Effet non suspensif

(9) Le juge qui préside statue sur toute objection ou question concernant le refus de répondre à une question ou de lui remettre une chose.

Nul n’est dispensé de se conformer à l’ordonnance

(10) Nul n’est dispensé de répondre aux questions ou de produire une chose aux termes du paragraphe (8) pour la raison que la réponse ou la chose remise peut tendre à l’incriminer ou à l’exposer à quelque procédure ou pénalité, mais :

a) la réponse donnée ou la chose remise aux termes du paragraphe (8) ne peut être utilisée ou admise contre lui dans le cadre de poursuites criminelles, sauf en ce qui concerne les poursuites prévues aux articles 132 ou 136;

b) aucune preuve provenant de la preuve obtenue de la personne ne peut être utilisée ou admise contre elle dans le cadre de poursuites criminelles, sauf en ce qui concerne les poursuites prévues aux articles 132 ou 136.

Droit à un avocat

(11) Toute personne a le droit d’engager un avocat et de lui donner des instructions en tout état de cause.

Garde des choses remises

(12) Si le juge qui préside est convaincu qu’une chose remise pendant l’interrogatoire est susceptible d’être utile à l’enquête relative à une infraction de terrorisme, il peut ordonner que cette chose soit confiée à la garde de l’agent de la paix ou à une personne qui agit pour son compte.

2001, ch. 41, art. 4.

Mandat d’arrestation

83.29 (1) Le juge qui a rendu l’ordonnance au titre du paragraphe 83.28(4) ou un autre juge du même tribunal peut délivrer un mandat autorisant l’arrestation de la personne visée par l’ordonnance à la suite d’une dénonciation écrite faite sous serment, s’il est convaincu :

a) soit qu’elle se soustrait à la signification de l’ordonnance;

b) soit qu’elle est sur le point de s’esquiver;

c) soit qu’elle ne s’est pas présentée ou n’est pas demeurée présente en conformité avec l’ordonnance.

Exécution

(2) Le mandat d’arrestation peut être exécuté en tout lieu au Canada par tout agent de la paix qui a compétence en ce lieu.

Ordonnance

(3) L’agent de la paix qui arrête une personne en exécution du mandat la conduit ou la fait conduire immédiatement devant le juge qui a délivré le mandat ou un autre juge du même tribunal; le juge peut alors, afin de faciliter l’exécution de l’ordonnance, ordonner que cette personne soit mise sous garde ou libérée sur engagement, avec ou sans caution.

2001, ch. 41, art. 4.

Engagement assorti de conditions Consentement du procureur général

83.3 (1) Le dépôt d’une dénonciation au titre du paragraphe (2) est subordonné au consentement préalable du procureur général.

Activité terroriste

(2) Sous réserve du paragraphe (1), l’agent de la paix peut déposer une dénonciation devant un juge de la cour provinciale si, à la fois :

a) il a des motifs raisonnables de croire qu’une activité terroriste sera mise à exécution;

b) il a des motifs raisonnables de soupçonner que l’imposition, à une personne, d’un engagement assorti de conditions ou son arrestation est nécessaire pour éviter la mise à exécution de l’activité terroriste.

Comparution

(3) Le juge qui reçoit la dénonciation peut faire comparaître la personne devant lui.

Arrestation sans mandat

(4) Par dérogation aux paragraphes (2) et (3), l’agent de la paix, s’il a des motifs raisonnables de soupçonner que la mise sous garde de la personne est nécessaire afin de l’empêcher de mettre à exécution une activité terroriste, peut, sans mandat, arrêter la personne et la faire mettre sous garde en vue de la conduire devant un juge de la cour provinciale en conformité avec le paragraphe (6) dans l’un ou l’autre des cas suivants :

a) l’urgence de la situation rend difficilement réalisable le dépôt d’une dénonciation au titre du paragraphe (2) et les motifs visés aux alinéas (2)a) et b) sont réunis;

b) une dénonciation a été déposée au titre du paragraphe (2) et une sommation décernée.

Obligation de l’agent de la paix

(5) Si, dans le cas visé à l’alinéa (4)a), l’agent de la paix arrête une personne sans mandat, il dépose une dénonciation au titre du paragraphe (2) au plus tard dans le délai prévu aux alinéas (6)a) ou b), ou met la personne en liberté.

Règles de la construction

(6) La personne mise sous garde est conduite devant un juge de la cour provinciale selon les règles ci-après, à moins que, à un moment quelconque avant l’expiration du délai prévu aux alinéas a) ou b), l’agent de la paix ou le fonctionnaire responsable, au sens de la partie XV, étant convaincu qu’elle devrait être mise en liberté inconditionnellement, ne la mette ainsi en liberté :

a) si un juge de la cour provinciale est disponible dans un délai de vingt-quatre heures après l’arrestation, elle est conduite devant un juge de ce tribunal sans retard injustifié et, à tout le moins, dans ce délai;

b) si un juge de la cour provinciale n’est pas disponible dans un délai de vingt-quatre heures après l’arrestation, elle est conduite devant un juge de ce tribunal le plus tôt possible.

Traitement de la personne

(7) Dans le cas où la personne est conduite devant le juge au titre du paragraphe (6) :

a) si aucune dénonciation n’a été déposée au titre du paragraphe (2), le juge ordonne qu’elle soit mise en liberté;

b) si une dénonciation a été déposée au titre du paragraphe (2) :

(i) le juge ordonne que la personne soit mise en liberté, sauf si l’agent de la paix qui a déposé la dénonciation fait valoir que sa mise sous garde est justifiée pour un des motifs suivants :

(A) sa détention est nécessaire pour assurer sa comparution devant un juge de la cour provinciale conformément au paragraphe (8),

(B) sa détention est nécessaire pour la protection ou la sécurité du public, notamment celle d’un témoin, eu égard aux circonstances, y compris :

(I) la probabilité que, si la personne est mise en liberté, une activité terroriste sera mise à exécution,

(II) toute probabilité marquée que la personne, si elle est mise en liberté, nuira à l’administration de la justice,

(C) il est démontré une autre juste cause et, sans préjudice de ce qui précède, que sa détention est nécessaire pour ne pas miner la confiance du public envers l’administration de la justice, compte tenu de toutes les circonstances, notamment le fait que les motifs de l’agent de la paix au titre du paragraphe (2) paraissent fondés, et la gravité de toute activité terroriste qui peut être mise à exécution,

(ii) le juge peut ajourner la comparution prévue au paragraphe (8) mais, si la personne n’est pas mise en liberté, l’ajournement ne peut excéder quarante-huit heures.

Comparution devant le juge

(8) Le juge devant lequel la personne comparaît au titre du paragraphe (3) :

a) peut, s’il est convaincu par la preuve apportée que les soupçons de l’agent de la paix sont fondés sur des motifs raisonnables, ordonner que la personne contracte l’engagement de ne pas troubler l’ordre public et d’observer une bonne conduite pour une période maximale de douze mois, ainsi que de se conformer aux autres conditions raisonnables énoncées dans l’engagement, y compris celle visée au paragraphe (10), que le juge estime souhaitables pour prévenir la mise à exécution d’une activité terroriste;

b) si la personne n’a pas été mise en liberté au titre du sous-alinéa (7)b)(i), ordonne qu’elle soit mise en liberté, sous réserve, le cas échéant, de l’engagement imposé conformément à l’alinéa a).

Refus de contracter un engagement

(9) Le juge peut infliger à la personne qui omet ou refuse de contracter l’engagement une peine de prison maximale de douze mois.

Conditions : armes à feu

(10) Le juge qui, en vertu de l’alinéa (8)a), rend une ordonnance doit, s’il estime qu’il est souhaitable pour la sécurité de la personne, ou pour celle d’autrui, de lui interdire d’avoir en sa possession une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, ordonner que la personne contracte l’engagement de n’avoir aucun des objets visés en sa possession pour la période indiquée dans l’engagement.

Remise

(11) Le cas échéant, l’ordonnance prévoit la façon de remettre, de détenir ou d’entreposer les objets visés au paragraphe (10) qui sont en la possession de la personne, ou d’en disposer, et de remettre les autorisations, permis et certificats d’enregistrement dont la personne est titulaire.

Motifs

(12) Le juge, s’il n’assortit pas l’ordonnance d’une condition prévue au paragraphe (10), est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Modification des conditions

(13) Le juge peut, sur demande de l’agent de la paix, du procureur général ou de la personne, modifier les conditions fixées dans l’engagement.

Autres dispositions applicables

(14) Les paragraphes 810(4) et (5) s’appliquent, avec les adaptations nécessaires, aux procédures engagées en vertu du présent article.

2001, ch. 41, art. 4.

Rapport annuel : articles 83.28 et 83.29

83.31 (1) Chaque année, le procureur général du Canada établit et fait déposer devant le Parlement, et le procureur général de chaque province publie — ou met à la disposition du public de toute autre façon — , un rapport sur l’application des articles 83.28 et 83.29, qui contient notamment les renseignements ci-après à l’égard de l’année précédente :

a) le nombre de consentements à la présentation d’une demande demandés et obtenus au titre des paragraphes 83.28(2) et (3);

b) le nombre d’ordonnances de recherche de renseignements rendues au titre du paragraphe 83.28(4);

c) le nombre d’arrestations effectuées avec un mandat délivré au titre de l’article 83.29.

Rapport annuel : article 83.3

(2) Chaque année, le procureur général du Canada établit et fait déposer devant le Parlement, et le procureur général de chaque province publie — ou met à la disposition du public de toute autre façon — , un rapport sur l’application de l’article 83.3, qui contient notamment les renseignements ci-après à l’égard de l’année précédente :

a) le nombre de consentements au dépôt d’une dénonciation demandés et obtenus au titre des paragraphes 83.3(1) et (2);

b) le nombre de sommations ou de mandat d’arrestation délivrés pour l’application du paragraphe 83.3(3);

c) le nombre de cas où la personne n’a pas été en liberté au titre du paragraphe 83.3(7) en attendant sa comparution;

d) le nombre de cas où une ordonnance de contracter un engagement a été rendue au titre de l’alinéa 83.3(8)a) et la nature des conditions afférentes qui ont été imposées;

e) le nombre de refus de contracter un engagement et la durée de la peine d’emprisonnement infligée au titre du paragraphe 83.3(9) dans chacun des cas;

f) le nombre de cas où les conditions d’un engagement ont été modifiées au titre du paragraphe 83.3(13).

Rapport annuel : article 83.3

(3) Chaque année, le ministre de la Sécurité publique et de la Protection civile établit et fait déposer devant le Parlement, et le ministre responsable de la sécurité publique dans chaque province publie — ou met à la disposition du public de toute autre façon — , un rapport sur l’application de l’article 83.3, qui contient notamment les renseignements ci­ après à l’égard de l’année précédente :

a) le nombre d’arrestations effectuées sans mandat au titre du paragraphe 83.3(4) et la durée de la détention de la personne dans chacun des cas;

b) le nombre de cas d’arrestation sans mandat au titre du paragraphe 83.3(4) et de mise en liberté :

(i) par l’agent de la paix au titre de l’alinéa 83.3(5)b),

(ii) par un juge au titre de l’alinéa 83.3(7)a).

Réserve

(4) Sont exclus du rapport annuel les renseignements dont la divulgation, selon le cas :

a) compromettrait une enquête en cours relativement à une infraction à une loi fédérale ou nuirait à une telle enquête;

b) mettrait en danger la vie ou la sécurité d’une personne;

c) porterait atteinte à une procédure judiciaire;

d) serait contraire à l’intérêt public.

2001, ch. 41, art. 4; 2005, ch. 10, art. 34.

Version précédente

Temporarisation

83.32 (1) Les articles 83.28, 83.29 et 83.3 cessent de s’appliquer à la fin du quinzième jour de séance postérieur au 31 décembre 2006, sauf si, avant la fin de ce jour, ces articles sont prorogés par résolution — dont le texte est établi au titre du paragraphe (2) — adoptée par les deux chambres du Parlement conformément aux règles prévues au paragraphe (3).

Décret

(2) Le gouverneur en conseil peut, par décret, établir le texte de la résolution prévoyant la prorogation des articles 83.28, 83.29 et 83.3 et précisant la durée de la prorogation, à concurrence d’un maximum de cinq ans à compter de la date à laquelle la deuxième chambre a adopté la résolution.

Règles

(3) La motion visant l’adoption de la résolution peut faire l’objet d’un débat dans les deux chambres du Parlement mais ne peut être amendée. Au terme du débat, le président de la chambre du Parlement met immédiatement aux voix toute question nécessaire pour décider de son agrément.

Prorogations subséquentes

(4) L’application des articles 83.28, 83.29 et 83.3 peut être prorogée par la suite en conformité avec le présent article, la mention « au 31 décembre 2006 », au paragraphe (1), étant alors remplacée par « à la dernière prorogation adoptée conformément au présent article ».

Définition de « jour de séance »

(5) Au paragraphe (1), « jour de séance » s’entend de tout jour où les deux chambres du Parlement siègent.

2001, ch. 41, art. 4.

Disposition transitoire : articles 83.28 et 83.29

83.33 (1) Dans le cas où, conformément à l’article 83.32, les articles 83.28 et 83.29 cessent de s’appliquer, les procédures engagées au titre de ces articles sont menées à terme si l’audition de la demande présentée au titre du paragraphe 83.28(2) a commencé avant la cessation d’effet de ces articles.

Disposition transitoire : article 83.3

(2) Dans le cas où, conformément à l’article 83.32, l’article 83.3 cesse de s’appliquer, la personne mise sous garde au titre de cet article est mise en liberté à la date de cessation d’effet de cet article, sauf que les paragraphes 83.3(7) à (14) continuent de s’appliquer à la personne qui a été conduite devant le juge au titre du paragraphe 83.3(6) avant cette date.

2001, ch. 41, art. 4.

PARTIE III

ARMES À FEU ET AUTRES ARMES Définitions et interprétation Définitions

84. (1) Les définitions qui suivent s’appliquent à la présente partie.

« arbalète »

“cross-bow”

« arbalète » Dispositif constitué d’un arc monté sur un fût ou autre monture, conçu pour tirer des flèches, viretons, carreaux ou autres projectiles semblables sur une trajectoire guidée par un barillet ou une rainure et susceptible d’infliger des lésions corporelles graves ou la mort à une personne.

« arme à autorisation restreinte »

“restricted weapon”

« arme à autorisation restreinte » Toute arme — qui n’est pas une arme à feu — désignée comme telle par règlement.

« arme à feu à autorisation restreinte »

“restricted firearm”

« arme à feu à autorisation restreinte »

a) Toute arme de poing qui n’est pas une arme à feu prohibée;

b) toute arme à feu — qui n’est pas une arme à feu prohibée — pourvue d’un canon de moins de 470 mm de longueur qui peut tirer des munitions à percussion centrale d’une manière semi-automatique;

c) toute arme à feu conçue ou adaptée pour tirer lorsqu’elle est réduite à une longueur de moins de 660 mm par repliement, emboîtement ou autrement;

d) toute arme à feu désignée comme telle par règlement.

« arme à feu historique »

“antique firearm”

« arme à feu historique » Toute arme à feu fabriquée avant 1898 qui n’a pas été conçue ni modifiée pour l’utilisation de munitions à percussion annulaire ou centrale ou toute arme à feu désignée comme telle par règlement.

« arme à feu prohibée »

“prohibited firearm”

« arme à feu prohibée »

a) Arme de poing pourvue d’un canon dont la longueur ne dépasse pas 105 mm ou conçue ou adaptée pour tirer des cartouches de calibre 25 ou 32, sauf celle désignée par règlement pour utilisation dans les compétitions sportives internationales régies par les règles de l’Union internationale de tir;

b) arme à feu sciée, coupée ou modifiée de façon que la longueur du canon soit inférieure à 457 mm ou de façon que la longueur totale de l’arme soit inférieure à 660 mm;

c) arme automatique, qu’elle ait été ou non modifiée pour ne tirer qu’un seul projectile à chaque pression de la détente;

d) arme à feu désignée comme telle par règlement.

« arme automatique »

“automatic firearm”

« arme automatique » Arme à feu pouvant tirer rapidement plusieurs projectiles à chaque pression de la détente, ou assemblée ou conçue et fabriquée de façon à pouvoir le faire.

« arme de poing »

“handgun”

« arme de poing » Arme à feu destinée, de par sa construction ou ses modifications, à permettre de viser et tirer à l’aide d’une seule main, qu’elle ait été ou non modifiée subséquemment de façon à requérir l’usage des deux mains.

« arme prohibée »

“prohibited weapon”

« arme prohibée »

a) Couteau dont la lame s’ouvre automatiquement par gravité ou force centrifuge ou par pression manuelle sur un bouton, un ressort ou autre dispositif incorporé ou attaché au manche;

b) toute arme — qui n’est pas une arme à feu — désignée comme telle par règlement.

« autorisation »

“authorization”

« autorisation » Autorisation délivrée en vertu de la Loi sur les armes à feu.

« certificat d’enregistrement »

“registration certificate”

« certificat d’enregistrement » Certificat d’enregistrement délivré en vertu de la Loi sur les armes à feu.

« cession »

“transfer”

« cession » Vente, fourniture, échange, don, prêt, envoi, location, transport, expédition, distribution ou livraison.

« chargeur »

“cartridge magazine”

« chargeur » Tout dispositif ou contenant servant à charger la chambre d’une arme à feu.

« commissaire aux armes à feu »

“Commissioner of Firearms”

« commissaire aux armes à feu » Commissaire aux armes à feu nommé en vertu de l’article 81.1 de la Loi sur les armes à feu .

« contrôleur des armes à feu »

“chief firearms officer”

« contrôleur des armes à feu » Le contrôleur des armes à feu au sens du paragraphe 2(1) de la Loi sur les armes à feu.

« cour supérieure »

“superior court”

« cour supérieure »

a) En Ontario, la Cour supérieure de justice de l’Ontario dans la région, le district ou le comté ou groupe de comtés où le jugement a été prononcé;

b) au Québec, la Cour supérieure;

c) au Nouveau-Brunswick, au Manitoba, en Saskatchewan et en Alberta, la Cour du Banc de la Reine;

d) en Nouvelle-Écosse, en Colombie-Britannique et dans les territoires, la Cour suprême;

e) à l’Île-du-Prince-Édouard et à Terre-Neuve, la Section de première instance de la Cour suprême.

« directeur »

“Registrar”

« directeur » Le directeur de l’enregistrement des armes à feu nommé en vertu de l’article 82 de la Loi sur les armes à feu.

« dispositif prohibé »

“prohibited device”

« dispositif prohibé »

a) Élément ou pièce d’une arme, ou accessoire destiné à être utilisé avec une arme, désignés comme tel par règlement;

b) canon d’une arme de poing, qui ne dépasse pas 105 mm de longueur, sauf celui désigné par règlement pour utilisation dans des compétitions sportives internationales régies par les règles de l’Union internationale de tir;

c) appareil ou dispositif propre ou destiné à amortir ou à étouffer le son ou la détonation d’une arme à feu;

d) chargeur désigné comme tel par règlement;

e) réplique.

« exporter »

“export”

« exporter » Exporter hors du Canada, notamment exporter des marchandises importées au Canada et expédiées en transit à travers celui-ci.

« fausse arme à feu »

“imitation firearm”

« fausse arme à feu » Tout objet ayant l’apparence d’une arme à feu, y compris une réplique.

« importer »

“import”

« importer » Importer au Canada, notamment importer des marchandises expédiées en transit à travers le Canada et exportées hors de celui-ci.

« munitions »

“ammunition”

« munitions » Cartouches contenant des projectiles destinés à être tirés par des armes à feu, y compris les cartouches sans douille et les cartouches de chasse.

« munitions prohibées »

“prohibited ammunition”

« munitions prohibées » Munitions ou projectiles de toute sorte désignés comme telles par règlement.

« ordonnance d’interdiction »

“prohibition order”

« ordonnance d’interdiction » Toute ordonnance rendue en application de la présente loi ou de toute autre loi fédérale interdisant à une personne d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets.

« permis »

“licence”

« permis » Permis délivré en vertu de la Loi sur les armes à feu.

« préposé aux armes à feu »

“firearms officer”

« préposé aux armes à feu » Préposé aux armes à feu au sens du paragraphe 2(1) de la Loi sur les armes à feu.

« réplique »

“replica firearm”

« réplique » Tout objet, qui n’est pas une arme à feu, conçu de façon à en avoir l’apparence exacte — ou à la reproduire le plus fidèlement possible — ou auquel on a voulu donner cette apparence. La présente définition exclut tout objet conçu de façon à avoir l’apparence exacte d’une arme à feu historique — ou à la reproduire le plus fidèlement possible — ou auquel on a voulu donner cette apparence.

Longueur du canon

(2) Pour l’application de la présente partie, la longueur du canon se mesure :

a) pour un revolver, par la distance entre la bouche du canon et la tranche de la culasse devant le barillet;

b) pour les autres armes à feu, par la distance entre la bouche du canon et la chambre, y compris celle-ci.

N’est pas comprise la longueur de tout élément, pièce ou accessoire, notamment tout élément, pièce ou accessoire propre ou destiné à étouffer la lueur de départ ou à amortir le recul.

Armes réputées ne pas être des armes à feu

(3) Pour l’application des articles 91 à 95, 99 à 101, 103 à 107 et 117.03 et des dispositions de la Loi sur les armes à feu, sont réputés ne pas être des armes à feu :

a) les armes à feu historiques;

b) tout instrument conçu exclusivement pour envoyer un signal, appeler au secours ou tirer des cartouches à blanc ou pour tirer des cartouches d’ancrage, des rivets explosifs ou autres projectiles industriels, et destiné par son possesseur à servir exclusivement à ces fins;

c) tout instrument de tir conçu exclusivement pour soit abattre des animaux domestiques, soit administrer des tranquillisants à des animaux, soit encore tirer des projectiles auxquels des fils sont attachés, et destiné par son possesseur à servir exclusivement à ces fins;

d) toute autre arme pourvue d’un canon dont il est démontré qu’elle n’est ni conçue ni adaptée pour tirer du plomb, des balles ou tout autre projectile à une vitesse initiale de plus de 152,4 m par seconde ou dont l’énergie initiale est de plus de 5,7 joules ou pour tirer du plomb, des balles ou tout autre projectile conçus ou adaptés pour atteindre une vitesse de plus de 152,4 m par seconde ou une énergie de plus de 5,7 joules.

Exception — arme à feu historique

(3.1) Par dérogation au paragraphe (3), une arme à feu historique est une arme à feu pour l’application des règlements pris en application de l’alinéa 117h) de la Loi sur les armes à feu et le paragraphe 86(2) de la présente loi.

Définition de « titulaire »

(4) Pour l’application de la présente partie, est titulaire :

a) d’une autorisation ou d’un permis la personne à qui ce document a été délivré, et ce pendant sa durée de validité;

b) du certificat d’enregistrement d’une arme à feu la personne à qui ce document a été délivré, et ce pendant sa durée de validité, ou quiconque le détient avec la permission de celle-ci pendant cette période.

Récidive

(5) Lorsqu’il s’agit de décider, pour l’application des paragraphes 85(3), 95(2), 99(2), 100(2) ou 103(2), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue aux articles 85, 95, 96, 98, 98.1, 99, 100, 102 ou 103 ou au paragraphe 117.01(1);

b) d’une infraction prévue aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(6) Pour l’application du paragraphe (5), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

L.R. (1985), ch. C-46, art. 84; L.R. (1985), ch. 27 (1er suppl.), art. 185(F) et 186; 1991, ch. 40, art. 2; 1995, ch. 39, art. 139; 1998, ch. 30, art. 16; 2003, ch. 8, art. 2; 2008, ch. 6, art. 2; 2009, ch. 22, art. 2.

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Infractions relatives à l’usage Usage d’une arme à feu lors de la perpétration d’une infraction

85. (1) Commet une infraction quiconque, qu’il cause ou non des lésions corporelles en conséquence ou qu’il ait ou non l’intention d’en causer, utilise une arme à feu :

a) soit lors de la perpétration d’un acte criminel qui ne constitue pas une infraction prévue aux articles 220 (négligence criminelle entraînant la mort), 236 (homicide involontaire coupable), 239 (tentative de meurtre), 244 (décharger une arme à feu avec une intention particulière), 244.2 (décharger une arme à feu avec insouciance), 272 (agression sexuelle armée) ou 273 (agression sexuelle grave), au paragraphe 279(1) (enlèvement) ou aux articles 279.1 (prise d’otage), 344 (vol qualifié) ou 346 (extorsion);

b) soit lors de la tentative de perpétration d’un acte criminel;

c) soit lors de sa fuite après avoir commis ou tenté de commettre un acte criminel.

Usage d’une fausse arme à feu lors de la perpétration d’une infraction

(2) Commet une infraction quiconque, qu’il cause ou non des lésions corporelles en conséquence ou qu’il ait ou non l’intention d’en causer, utilise une fausse arme à feu :

a) soit lors de la perpétration d’un acte criminel;

b) soit lors de la tentative de perpétration d’un acte criminel;

c) soit lors de sa fuite après avoir commis ou tenté de commettre un acte criminel.

Peine

(3) Quiconque commet l’infraction prévue au paragraphe (1) ou (2) est coupable d’un acte criminel passible :

a) dans le cas d’une première infraction, sauf si l’alinéa b) s’applique, d’un emprisonnement maximal de quatorze ans, la peine minimale étant de un an;

b) en cas de récidive, d’un emprisonnement maximal de quatorze ans, la peine minimale étant de trois ans.

c) [Abrogé, 2008, ch. 6, art. 3]

Peines consécutives

(4) La peine infligée à une personne pour une infraction prévue aux paragraphes (1) ou (2) est purgée consécutivement à toute autre peine sanctionnant une autre infraction basée sur les mêmes faits et à toute autre peine en cours d’exécution.

L.R. (1985), ch. C-46, art. 85; 1995, ch. 39, art. 139; 2003, ch. 8, art. 3; 2008, ch. 6, art. 3; 2009, ch. 22, art. 3.

Version précédente

Usage négligent

86. (1) Commet une infraction quiconque, sans excuse légitime, utilise, porte, manipule, expédie, transporte ou entrepose une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées d’une manière négligente ou sans prendre suffisamment de précautions pour la sécurité d’autrui.

Contravention des règlements

(2) Commet une infraction quiconque contrevient à un règlement pris en application de l’alinéa 117h) de la Loi sur les armes à feu régissant l’entreposage, la manipulation, le transport, l’expédition, l’exposition, la publicité et la vente postale d’armes à feu et d’armes à autorisation restreinte.

Peine

(3) Quiconque commet l’infraction prévue au paragraphe (1) ou (2) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal :

(i) de deux ans, dans le cas d’une première infraction,

(ii) de cinq ans, en cas de récidive;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 86; 1991, ch. 40, art. 3; 1995, ch. 39, art. 139.

Braquer une arme à feu

87. (1) Commet une infraction quiconque braque, sans excuse légitime, une arme à feu, chargée ou non, sur une autre personne.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 87; 1995, ch. 39, art. 139.

Infractions relatives à la possession Port d’arme dans un dessein dangereux

88. (1) Commet une infraction quiconque porte ou a en sa possession une arme, une imitation d’arme, un dispositif prohibé, des munitions ou des munitions prohibées dans un dessein dangereux pour la paix publique ou en vue de commettre une infraction.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 88; 1995, ch. 39, art. 139.

Port d’arme à une assemblée publique

89. (1) Commet une infraction quiconque, sans excuse légitime, porte une arme, un dispositif prohibé, des munitions ou des munitions prohibées alors qu’il assiste ou se rend à une assemblée publique.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 89; 1995, ch. 39, art. 139.

Port d’une arme dissimulée

90. (1) Commet une infraction quiconque porte dissimulés une arme, un dispositif prohibé ou des munitions prohibées sans y être autorisé en vertu de la Loi sur les armes à feu.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 90; 1991, ch. 28, art. 6, ch. 40, art. 4 et 35; 1994, ch. 44, art. 6; 1995, ch. 39, art. 139.

Possession non autorisée d’une arme à feu

91. (1) Sous réserve des paragraphes (4) et (5), commet une infraction quiconque a en sa possession une arme à feu sans être titulaire à la fois d’un permis qui l’y autorise et du certificat d’enregistrement de cette arme.

Possession non autorisée d’armes prohibées ou à autorisation restreinte

(2) Sous réserve du paragraphe (4), commet une infraction quiconque a en sa possession une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé — autre qu’une réplique — ou des munitions prohibées sans être titulaire d’un permis qui l’y autorise.

Peine

(3) Quiconque commet l’infraction prévue au paragraphe (1) ou (2) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Réserve

(4) Les paragraphes (1) et (2) ne s’appliquent pas :

a) au possesseur d’une arme à feu, d’une arme prohibée, d’une arme à autorisation restreinte, d’un dispositif prohibé ou de munitions prohibées qui est sous la surveillance directe d’une personne pouvant légalement les avoir en sa possession, et qui s’en sert de la manière dont celle-ci peut légalement s’en servir;

b) à la personne qui entre en possession de tels objets par effet de la loi et qui, dans un délai raisonnable, s’en défait légalement ou obtient un permis qui l’autorise à en avoir la possession, en plus, s’il s’agit d’une arme à feu, du certificat d’enregistrement de cette arme.

Emprunt d’une arme à feu aux fins de subsistance

(5) Le paragraphe (1) ne s’applique pas au possesseur d’une arme à feu — autre qu’une arme à feu prohibée ou une arme à feu à autorisation restreinte — qui, sans être titulaire du certificat d’enregistrement y afférent, à la fois :

a) l’a empruntée;

b) est titulaire d’un permis l’autorisant à en avoir la possession;

c) l’a en sa possession pour chasser, notamment à la trappe, afin de subvenir à ses besoins ou à ceux de sa famille.

L.R. (1985), ch. C-46, art. 91; 1991, ch. 28, art. 7, ch. 40, art. 5 et 36; 1995, ch. 22, art. 10, ch. 39, art. 139; 2008, ch. 6, art. 4.

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Possession non autorisée d’une arme à feu — infraction délibérée

92. (1) Sous réserve des paragraphes (4) et (5), commet une infraction quiconque a en sa possession une arme à feu sachant qu’il n’est pas titulaire d’un permis qui l’y autorise et du certificat d’enregistrement de cette arme.

Possession non autorisée d’autres armes — infraction délibérée

(2) Sous réserve du paragraphe (4), commet une infraction quiconque a en sa possession une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé — autre qu’une réplique — ou des munitions prohibées sachant qu’il n’est pas titulaire d’un permis qui l’y autorise.

Peine

(3) Quiconque commet l’infraction prévue au paragraphe (1) ou (2) est coupable d’un acte criminel passible des peines suivantes :

a) pour une première infraction, un emprisonnement maximal de dix ans;

b) pour la deuxième infraction, un emprisonnement maximal de dix ans, la peine minimale étant de un an;

c) pour chaque récidive subséquente, un emprisonnement maximal de dix ans, la peine minimale étant de deux ans moins un jour.

Réserve

(4) Les paragraphes (1) et (2) ne s’appliquent pas :

a) au possesseur d’une arme à feu, d’une arme prohibée, d’une arme à autorisation restreinte, d’un dispositif prohibé ou de munitions prohibées qui est sous la surveillance directe d’une personne pouvant légalement les avoir en sa possession, et qui s’en sert de la manière dont celle-ci peut légalement s’en servir;

b) à la personne qui entre en possession de tels objets par effet de la loi et qui, dans un délai raisonnable, s’en défait légalement ou obtient un permis qui l’autorise à en avoir la possession, en plus, s’il s’agit d’une arme à feu, du certificat d’enregistrement de cette arme.

Emprunt d’une arme à feu aux fins de subsistance

(5) Le paragraphe (1) ne s’applique pas au possesseur d’une arme à feu — autre qu’une arme à feu prohibée ou une arme à feu à autorisation restreinte — qui, sans être titulaire du certificat d’enregistrement y afférent, à la fois :

a) l’a empruntée;

b) est titulaire d’un permis l’autorisant à en avoir la possession;

c) l’a en sa possession pour chasser, notamment à la trappe, afin de subvenir à ses besoins ou à ceux de sa famille.

Preuve d’une condamnation antérieure

(6) Lorsqu’un prévenu est inculpé d’une infraction au paragraphe (1), la preuve que celui­ ci a été déclaré coupable d’une infraction prévue au paragraphe 112(1) de la Loi sur les armes à feu est admissible à toute étape des procédures et peut être prise en compte en

vue d’établir que le prévenu savait qu’il n’était pas titulaire du certificat d’enregistrement.

L.R. (1985), ch. C-46, art. 92; L.R. (1985), ch. 1 (2e suppl.), art. 213; 1991, ch. 40, art. 7; 1995, ch. 39, art. 139; 2008, ch. 6, art. 5.

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Possession dans un lieu non autorisé

93. (1) Sous réserve du paragraphe (3), commet une infraction le titulaire d’une autorisation ou d’un permis qui l’autorise à avoir en sa possession une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées, s’il les a en sa possession :

a) soit dans un lieu où cela lui est interdit par l’autorisation ou le permis;

b) soit dans un lieu autre que celui où l’autorisation ou le permis l’y autorise;

c) soit dans un lieu autre que celui où la Loi sur les armes à feu l’y autorise.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Réserve

(3) Le paragraphe (1) ne s’applique pas au possesseur d’une réplique.

L.R. (1985), ch. C-46, art. 93; 1991, ch. 40, art. 8; 1995, ch. 39, art. 139; 2008, ch. 6, art. 6.

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Possession non autorisée dans un véhicule automobile

94. (1) Sous réserve des paragraphes (3) à (5), commet une infraction quiconque occupe un véhicule automobile où il sait que se trouvent une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé — autre qu’une réplique — ou des munitions prohibées sauf si :

a) dans le cas d’une arme à feu :

(i) soit celui-ci ou tout autre occupant du véhicule est titulaire à la fois d’une autorisation ou d’un permis qui l’autorise à l’avoir en sa possession — et à la transporter, s’il s’agit d’une arme à feu prohibée ou d’une arme à feu à autorisation restreinte — et du certificat d’enregistrement de cette arme,

(ii) soit celui-ci avait des motifs raisonnables de croire qu’un autre occupant du véhicule était titulaire à la fois d’une autorisation ou d’un permis autorisant ce dernier à l’avoir en sa possession — et à la transporter, s’il s’agit d’une arme à feu prohibée ou d’une arme à feu à autorisation restreinte — et du certificat d’enregistrement de cette arme,

(iii) soit celui-ci avait des motifs raisonnables de croire qu’un autre occupant du véhicule ne pouvait pas être reconnu coupable d’une infraction à la présente loi, en raison des articles 117.07 à 117.1 ou des dispositions de toute autre loi fédérale;

b) dans le cas d’une arme prohibée, d’une arme à autorisation restreinte, d’un dispositif prohibé ou de munitions prohibées :

(i) soit celui-ci ou tout autre occupant du véhicule est titulaire d’une autorisation ou d’un permis qui l’autorise à les transporter,

(ii) soit celui-ci avait des motifs raisonnables de croire qu’un autre occupant du véhicule était titulaire d’une autorisation ou d’un permis qui l’autorisait à les transporter ou que ce dernier ne pouvait pas être reconnu coupable d’une infraction à la présente loi, en raison des articles 117.07 à 117.1 ou des dispositions de toute autre loi fédérale.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Réserve

(3) Le paragraphe (1) ne s’applique pas à l’occupant du véhicule automobile qui, se rendant compte de la présence de l’arme, du dispositif ou des munitions, quitte le véhicule ou tente de le faire dès que les circonstances le permettent.

Réserve

(4) Le paragraphe (1) ne s’applique pas à l’occupant du véhicule automobile lorsque lui­ même ou un autre occupant du véhicule est entré en possession de l’arme, du dispositif ou des munitions par effet de la loi.

Emprunt d’une arme à feu aux fins de subsistance

(5) Le paragraphe (1) ne s’applique pas à l’occupant d’un véhicule automobile lorsque celui-ci ou tout autre occupant du véhicule a en sa possession une arme à feu — autre qu’une arme à feu prohibée ou une arme à feu à autorisation restreinte — et que, sans être titulaire du certificat d’enregistrement y afférent, l’occupant visé, à la fois :

a) l’a empruntée;

b) est titulaire d’un permis l’autorisant à en avoir la possession;

c) l’a en sa possession pour chasser, notamment à la trappe, afin de subvenir à ses besoins ou à ceux de sa famille.

L.R. (1985), ch. C-46, art. 94; 1995, ch. 39, art. 139; 2008, ch. 6, art. 7.

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Possession d’une arme à feu prohibée ou à autorisation restreinte avec des munitions

95. (1) Sous réserve du paragraphe (3), commet une infraction quiconque a en sa possession dans un lieu quelconque soit une arme à feu prohibée ou une arme à feu à autorisation restreinte chargées, soit une telle arme non chargée avec des munitions facilement accessibles qui peuvent être utilisées avec celle-ci, sans être titulaire à la fois :

a) d’une autorisation ou d’un permis qui l’y autorise dans ce lieu;

b) du certificat d’enregistrement de l’arme.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant :

(i) de trois ans, dans le cas d’une première infraction,

(ii) de cinq ans, en cas de récidive;

b) soit d’une infraction punissable, sur déclaration de culpabilité par procédure sommaire, d’un emprisonnement maximal de un an.

Réserve

(3) Le paragraphe (1) ne s’applique pas à quiconque utilise une arme à feu sous la surveillance directe d’une personne qui en a la possession légale, de la manière dont celle-ci peut légalement s’en servir.

L.R. (1985), ch. C-46, art. 95; 1991, ch. 28, art. 8, ch. 40, art. 9 et 37; 1993, ch. 25, art. 93; 1995, ch. 39, art. 139; 2008, ch. 6, art. 8.

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Possession d’une arme obtenue lors de la perpétration d’une infraction

96. (1) Sous réserve du paragraphe (3), commet une infraction quiconque a en sa possession une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées qu’il sait avoir été obtenus par suite soit de la perpétration d’une infraction au Canada, soit d’une action ou omission qui, au Canada, aurait constitué une infraction.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an;

b) soit d’une infraction punissable, sur déclaration de culpabilité par procédure sommaire, d’un emprisonnement maximal de un an.

Réserve

(3) Le paragraphe (1) ne s’applique pas à la personne qui entre en possession par effet de la loi de tout objet visé à ce paragraphe et qui s’en défait légalement dans un délai raisonnable.

L.R. (1985), ch. C-46, art. 96; 1995, ch. 39, art. 139.

97. [Non en vigueur]

Introduction par effraction pour voler une arme à feu

98. (1) Commet une infraction quiconque, selon le cas :

a) s’introduit en un lieu par effraction avec l’intention d’y voler une arme à feu;

b) s’introduit en un lieu par effraction et y vole une arme à feu;

c) sort d’un lieu par effraction après :

(i) soit y avoir volé une arme à feu,

(ii) soit s’y être introduit avec l’intention d’y voler une arme à feu.

Définitions de « effraction » et « lieu »

(2) Pour l’application du présent article, « effraction » s’entend au sens de l’article 321 et « lieu » s’entend de tout bâtiment ou construction — ou partie de ceux-ci —, véhicule à moteur, navire, aéronef, matériel ferroviaire, contenant ou remorque.

Introduction

(3) Pour l’application du présent article :

a) une personne s’introduit dès qu’une partie de son corps ou une partie d’un instrument qu’elle utilise se trouve à l’intérieur de toute chose qui fait l’objet de l’introduction;

b) une personne est réputée s’être introduite par effraction dans les cas suivants :

(i) elle est parvenue à entrer au moyen d’une menace ou d’un artifice ou par collusion avec une personne se trouvant à l’intérieur,

(ii) elle s’est introduite sans justification ou excuse légitime par une ouverture permanente ou temporaire.

Peine

(4) Quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible de l’emprisonnement à perpétuité.

L.R. (1985), ch. C-46, art. 98; L.R. (1985), ch. 27 (1er suppl.), art. 13; 1991, ch. 40, art. 11; 1995, ch. 39, art. 139; 2008, ch. 6, art. 9.

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Vol qualifié visant une arme à feu

98.1 Quiconque commet un vol qualifié au sens de l’article 343 avec l’intention de voler une arme à feu ou au cours duquel il vole une arme à feu commet un acte criminel passible de l’emprisonnement à perpétuité.

2008, ch. 6, art. 9.

Infractions relatives au trafic Trafic d’armes

99. (1) Commet une infraction quiconque fabrique ou cède, même sans contrepartie, ou offre de fabriquer ou de céder une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées sachant qu’il

n’y est pas autorisé en vertu de la Loi sur les armes à feu, de toute autre loi fédérale ou de leurs règlements.

Peine : arme à feu

(2) Dans le cas où l’objet en cause est une arme à feu, un dispositif prohibé ou des munitions prohibées ou non, quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant :

a) de trois ans, dans le cas d’une première infraction;

b) de cinq ans, en cas de récidive.

Peine : autres

(3) Dans tous les autres cas, quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an.

L.R. (1985), ch. C-46, art. 99; 1995, ch. 39, art. 139; 2008, ch. 6, art. 10.

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Possession en vue de faire le trafic d’armes

100. (1) Commet une infraction quiconque a en sa possession une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées en vue de les céder, même sans contrepartie, ou d’offrir de les céder, sachant qu’il n’y est pas autorisé en vertu de la Loi sur les armes à feu, de toute autre loi fédérale ou de leurs règlements.

Peine : arme à feu

(2) Dans le cas où l’objet en cause est une arme à feu, un dispositif prohibé ou des munitions prohibées ou non, quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant :

a) de trois ans, dans le cas d’une première infraction;

b) de cinq ans, en cas de récidive.

Peine : autres

(3) Dans tous les autres cas, quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an.

L.R. (1985), ch. C-46, art. 100; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (1er suppl.), art. 14 et 203, ch. 27 (2e suppl.), art. 10, ch. 1 (4e suppl.), art. 18(F); 1990, ch. 16, art. 2, ch. 17, art. 8; 1991, ch. 40, art. 12; 1992, ch. 51, art. 33; 1995, ch. 22, art. 10 et 18(F), ch. 39, art. 139; 1996, ch. 19, art. 65; 2008, ch. 6, art. 11.

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Cession illégale

101. (1) Commet une infraction quiconque cède une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées à une personne sans y être autorisé en vertu de la Loi sur les armes à feu, de toute autre loi fédérale ou de leurs règlements.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 101; 1991, ch. 40, art. 13; 1995, ch. 39, art. 139.

Infraction relative à l’assemblage Fabrication d’une arme automatique

102. (1) Commet une infraction quiconque, sans excuse légitime, modifie ou fabrique une arme à feu de façon à ce qu’elle puisse tirer rapidement plusieurs projectiles à chaque pression de la détente ou assemble des pièces d’armes à feu en vue d’obtenir une telle arme.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an;

b) soit d’une infraction punissable, sur déclaration de culpabilité par procédure sommaire, d’un emprisonnement maximal de un an.

L.R. (1985), ch. C-46, art. 102; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1991, ch. 28, art. 9, ch. 40, art. 14; 1995, ch. 39, art. 139.

Infractions relatives à l’importation ou l’exportation Importation ou exportation non autorisées — infraction délibérée

103. (1) Commet une infraction quiconque, sachant qu’il n’y est pas autorisé en vertu de la Loi sur les armes à feu, de toute autre loi fédérale ou de leurs règlements, importe ou exporte :

a) soit une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées;

b) soit quelque élément ou pièce conçu exclusivement pour être utilisé dans la fabrication ou l’assemblage d’armes automatiques.

Peine : arme à feu

(2) Dans le cas où l’objet en cause est une arme à feu, un dispositif prohibé ou des munitions prohibées, quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant :

a) de trois ans, dans le cas d’une première infraction;

b) de cinq ans, en cas de récidive.

Peine : autres

(2.1) Dans tous les autres cas, quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an.

Intervention du procureur général du Canada

(3) Le gouvernement du Canada, ou un agent agissant en son nom, peut intenter des poursuites à l’égard de l’infraction visée au paragraphe (1).

L.R. (1985), ch. C-46, art. 103; 1991, ch. 40, art. 15; 1995, ch. 39, art. 139; 2008, ch. 6, art. 12.

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Importation ou exportation non autorisées

104. (1) Commet une infraction quiconque, sans y être autorisé en vertu de la Loi sur les armes à feu, de toute autre loi fédérale ou de leurs règlements, importe ou exporte :

a) soit une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées;

b) soit quelque élément ou pièce conçu exclusivement pour être utilisé dans la fabrication ou l’assemblage d’armes automatiques.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Intervention du procureur général du Canada

(3) Le gouvernement du Canada, ou un agent agissant en son nom, peut intenter des poursuites à l’égard de l’infraction visée au paragraphe (1).

L.R. (1985), ch. C-46, art. 104; 1991, ch. 40, art. 16; 1995, ch. 39, art. 139.

Infractions relatives aux armes perdues, volées, trouvées, détruites ou maquillées Armes perdues, volées ou trouvées

105. (1) Commet une infraction quiconque :

a) ayant perdu ou s’étant fait voler une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions prohibées, une autorisation, un permis ou un certificat d’enregistrement, omet de signaler, avec une diligence raisonnable, la perte ou le vol à un agent de la paix, à un préposé aux armes à feu ou au contrôleur des armes à feu;

b) après avoir trouvé une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées, qu’il croit pour des motifs raisonnables avoir été perdus ou abandonnés, omet de les remettre, avec une diligence raisonnable, à un agent de la paix, à un préposé aux armes à feu ou au contrôleur des armes à feu ou de signaler à une telle personne qu’il les a trouvés.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 105; 1991, ch. 28, art. 10, ch. 40, art. 18 et 39; 1994, ch. 44, art. 7; 1995, ch. 39, art. 139.

Destruction

106. (1) Commet une infraction quiconque après avoir détruit une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées ou après s’être rendu compte que de tels objets, auparavant en sa possession, ont été détruits, omet de signaler, avec une diligence raisonnable, leur destruction à un agent de la paix, à un préposé aux armes à feu ou au contrôleur des armes à feu.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 106; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1991, ch. 40, art. 19; 1995, ch. 22, art. 10, ch. 39, art. 139.

Fausse déclaration

107. (1) Commet une infraction quiconque fait sciemment une fausse déclaration à un agent de la paix, à un préposé aux armes à feu ou au contrôleur des armes à feu concernant la perte, le vol ou la destruction d’une arme à feu, d’une arme prohibée, d’une arme à autorisation restreinte, d’un dispositif prohibé, de munitions prohibées, d’une autorisation, d’un permis ou d’un certificat d’enregistrement.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Définition de « déclaration »

(3) Au présent article, « déclaration » s’entend d’une assertion de fait, d’opinion, de croyance ou de connaissance, qu’elle soit essentielle ou non et qu’elle soit admissible en preuve ou non.

L.R. (1985), ch. C-46, art. 107; 1991, ch. 40, art. 20; 1995, ch. 39, art. 139.

Modification du numéro de série

108. (1) Commet une infraction quiconque, sans excuse légitime dont la preuve lui incombe :

a) soit modifie, maquille ou efface un numéro de série sur une arme à feu;

b) soit a en sa possession une arme à feu sachant que son numéro de série a été modifié, maquillé ou effacé.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Exception

(3) Nul ne peut être reconnu coupable d’une infraction visée à l’alinéa (1)b) du seul fait de la possession d’une arme à feu dont le numéro de série a été modifié, maquillé ou effacé, si ce numéro a été remplacé et qu’un certificat d’enregistrement mentionnant le nouveau numéro de série a été délivré à l’égard de cette arme.

Preuve

(4) Dans toute poursuite intentée dans le cadre du paragraphe (1), la possession d’une arme à feu dont le numéro de série a été effacé en totalité ou en partie autrement que par l’usure normale fait foi, sauf preuve contraire, de la connaissance par le possesseur de l’arme du fait que ce numéro a été modifié, maquillé ou effacé.

L.R. (1985), ch. C-46, art. 108; 1991, ch. 40, art. 20; 1995, ch. 39, art. 139.

Ordonnance d’interdiction Ordonnance d’interdiction obligatoire

109. (1) Le tribunal doit, en plus de toute autre peine qu’il lui inflige ou de toute autre condition qu’il lui impose dans l’ordonnance d’absolution, rendre une ordonnance

interdisant au contrevenant d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives pour la période fixée en application des paragraphes (2) ou (3), lorsqu’il le déclare coupable ou l’absout en vertu de l’article 730, selon le cas :

a) d’un acte criminel passible d’une peine maximale d’emprisonnement égale ou supérieure à dix ans et perpétré avec usage, tentative ou menace de violence contre autrui;

b) d’une infraction visée aux paragraphes 85(1) (usage d’une arme à feu lors de la perpétration d’une infraction), 85(2) (usage d’une fausse arme à feu lors de la perpétration d’une infraction), 95(1) (possession d’une arme à feu prohibée ou à autorisation restreinte avec des munitions), 99(1) (trafic d’armes), 100(1) (possession en vue de faire le trafic d’armes), 102(1) (fabrication d’une arme automatique), 103(1) (importation ou exportation non autorisées — infraction délibérée) ou à l’article 264 (harcèlement criminen( �

c) d’une infraction relative à la contravention des paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances;

d) d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, perpétrée alors que celui-ci était sous le coup d’une ordonnance, rendue en vertu de la présente loi ou de toute autre loi fédérale, lui en interdisant la possession.

Durée de l’ordonnance — première infraction

(2) En cas de condamnation ou d’absolution du contrevenant pour une première infraction, l’ordonnance interdit au contrevenant d’avoir en sa possession :

a) des armes à feu — autres que des armes à feu prohibées ou des armes à feu à autorisation restreinte — , arbalètes, armes à autorisation restreinte, munitions et substances explosives pour une période commençant à la date de l’ordonnance et se terminant au plus tôt dix ans après sa libération ou, s’il n’est pas emprisonné ni passible d’emprisonnement, après sa déclaration de culpabilité ou son absolution;

b) des armes à feu prohibées, armes à feu à autorisation restreinte, armes prohibées, dispositifs prohibés et munitions prohibées, et ce à perpétuité.

Durée de l’ordonnance — récidives

(3) Dans tous les cas autres que ceux visés au paragraphe (2), l’interdiction est perpétuelle.

Définition de « libération »

(4) À l’alinéa (2)a), « libération » s’entend de l’élargissement entraîné par l’expiration de la peine ou le début soit de la libération d’office soit d’une libération conditionnelle.

Application des articles 113 à 117

(5) Les articles 113 à 117 s’appliquent à l’ordonnance rendue en application du paragraphe (1).

L.R. (1985), ch. C-46, art. 109; L.R. (1985), ch. 27 (1er suppl.), art. 185(F); 1991, ch. 40, art. 21; 1995, ch. 39, art. 139 et 190; 1996, ch. 19, art. 65.1; 2003, ch. 8, art. 4.

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Ordonnance d’interdiction discrétionnaire

110. (1) Le tribunal doit, s’il en arrive à la conclusion qu’il est souhaitable pour la sécurité du contrevenant ou pour celle d’autrui de le faire, en plus de toute autre peine qu’il lui inflige ou de toute autre condition qu’il lui impose dans l’ordonnance d’absolution, rendre une ordonnance lui interdisant d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, lorsqu’il le déclare coupable ou l’absout en vertu de l’article 730 :

a) soit d’une infraction, autre que celle visée aux alinéas 109(1)a), b) ou c), perpétrée avec usage, tentative ou menace de violence contre autrui;

b) soit d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, perpétrée alors que celui-ci n’est pas sous le coup d’une ordonnance, rendue en vertu de la présente loi ou de toute autre loi fédérale, lui en interdisant la possession.

Durée de l’ordonnance

(2) Le cas échéant, la période d’interdiction — commençant sur-le-champ — expire au plus tard dix ans après la libération du contrevenant ou, s’il n’est pas emprisonné ni passible d’emprisonnement, après sa déclaration de culpabilité ou son absolution.

Motifs

(3) S’il ne rend pas d’ordonnance ou s’il en rend une dont l’interdiction ne vise pas tous les objets visés au paragraphe (1), le tribunal est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Définition de « libération »

(4) Au paragraphe (2), « libération » s’entend de l’élargissement entraîné par l’expiration de la peine ou le début soit de la libération d’office soit d’une libération conditionnelle.

Application des articles 113 à 117

(5) Les articles 113 à 117 s’appliquent à l’ordonnance rendue en application du paragraphe (1).

L.R. (1985), ch. C-46, art. 110; 1991, ch. 40, art. 23 et 40; 1995, ch. 39, art. 139 et 190.

Demande d’une ordonnance d’interdiction

111. (1) L’agent de la paix, le préposé aux armes à feu ou le contrôleur des armes à feu peut demander à un juge de la cour provinciale de rendre une ordonnance interdisant à une personne d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, s’il a des motifs raisonnables de croire qu’il ne serait pas souhaitable pour la sécurité de qui que ce soit que celle-ci soit autorisée à les avoir en sa possession.

Date d’audition et avis

(2) Sur réception de la demande, le juge fixe la date à laquelle il l’entendra et ordonne que la personne visée par l’interdiction demandée en soit avisée de la manière qu’il indique.

Audition de la demande

(3) Sous réserve du paragraphe (4), à l’audition, le juge prend connaissance de tout élément de preuve pertinent que présentent l’auteur de la demande et la personne visée par celle-ci, ou leurs procureurs.

Audition ex parte

(4) Il peut entendre ex parte la demande et la trancher en l’absence de la personne visée par la demande, dans les cas où les cours des poursuites sommaires peuvent, en vertu de la partie XXVII, tenir le procès en l’absence du défendeur.

Ordonnance d’interdiction

(5) Si, au terme de l’audition, il est convaincu de l’existence des motifs visés au paragraphe (1), le juge rend une ordonnance interdisant à la personne visée d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, pour la période prévue dans l’ordonnance, qui est d’au plus cinq ans à compter de la date où elle est rendue.

Motifs

(6) S’il ne rend pas d’ordonnance ou s’il en rend une dont l’interdiction ne vise pas tous les objets prévus au paragraphe (1), le juge est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Application des articles 113 à 117

(7) Les articles 113 à 117 s’appliquent à l’ordonnance rendue en application du paragraphe (5).

Appel d’une ordonnance

(8) La personne visée par l’ordonnance d’interdiction et le procureur général peuvent en interjeter appel devant la cour supérieure.

Appel du refus de rendre une ordonnance

(9) Lorsque le juge de la cour provinciale ne rend pas l’ordonnance d’interdiction, le procureur général peut interjeter appel de cette décision devant la cour supérieure.

Application de la partie XXVII

(10) La partie XXVII, sauf les articles 785 à 812, 816 à 819 et 829 à 838, s’applique, avec les adaptations nécessaires, aux appels interjetés en application des paragraphes (8) ou (9) et la mention de la cour d’appel dans cette partie vaut celle de la cour supérieure.

Définition de « juge de la cour provinciale »

(11) Au présent article et aux articles 112, 117.011 et 117.012, « juge de la cour provinciale » s’entend d’un juge de la cour provinciale compétent dans la circonscription territoriale où réside la personne visée par l’ordonnance demandée.

L.R. (1985), ch. C-46, art. 111; 1991, ch. 40, art. 24; 1995, ch. 39, art. 139.

Révocation de l’ordonnance prévue au paragraphe 111(5)

112. Le juge de la cour provinciale peut, sur demande de la personne visée par une ordonnance d’interdiction rendue en application du paragraphe 111(5), révoquer l’ordonnance lorsqu’il est convaincu qu’elle n’est plus justifiée eu égard aux circonstances.

L.R. (1985), ch. C-46, art. 112; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1991, ch. 40, art. 26; 1995, ch. 39, art. 139.

Levée de l’interdiction

113. (1) La juridiction compétente peut rendre une ordonnance autorisant le contrôleur des armes à feu ou le directeur à délivrer à une personne qui est ou sera visée par une ordonnance d’interdiction, une autorisation, un permis ou un certificat d’enregistrement, selon le cas, aux conditions qu’elle estime indiquées, si cette personne la convainc :

a) soit de la nécessité pour elle de posséder une arme à feu ou une arme à autorisation restreinte pour chasser, notamment à la trappe, afin d’assurer sa subsistance ou celle de sa famille;

b) soit du fait que l’ordonnance d’interdiction équivaudrait à une interdiction de travailler dans son seul domaine possible d’emploi.

Critères

(2) La juridiction compétente peut rendre l’ordonnance après avoir tenu compte :

a) du casier judiciaire de cette personne, s’il y a lieu;

b) le cas échéant, de la nature de l’infraction à l’origine de l’ordonnance d’interdiction et des circonstances dans lesquelles elle a été commise;

c) de la sécurité de toute personne.

Conséquences de l’ordonnance

(3) Une fois l’ordonnance rendue :

a) la personne visée par celle-ci ne peut se voir refuser la délivrance d’une autorisation, d’un permis ou d’un certificat d’enregistrement du seul fait qu’elle est sous le coup d’une ordonnance d’interdiction ou a perpétré une infraction à l’origine d’une telle ordonnance;

b) l’autorisation ou le permis ne peut être délivré, pour la durée de l’ordonnance, qu’aux seules fins de subsistance ou d’emploi et, s’il y a lieu, qu’en conformité avec les conditions de l’ordonnance, étant entendu qu’il peut aussi être assorti de toute autre condition fixée par le contrôleur des armes à feu, qui n’est pas incompatible avec ces fins et conditions.

Quand l’ordonnance peut être rendue

(4) Il demeure entendu que l’ordonnance peut être rendue lorsque des procédures sont engagées en application des paragraphes 109(1), 110(1), 111(5), 117.05(4) ou 515(2), de l’alinéa 732.1(3)d) ou du paragraphe 810(3).

Sens de « juridiction compétente »

(5) Au présent article, « juridiction compétente » s’entend de la juridiction qui a rendu l’ordonnance d’interdiction ou a la compétence pour la rendre.

L.R. (1985), ch. C-46, art. 113; 1991, ch. 40, art. 27(A); 1995, ch. 22, art. 10, ch. 39, art. 139 et 190.

Remise obligatoire

114. La juridiction qui rend une ordonnance d’interdiction peut l’assortir d’une obligation pour la personne visée de remettre à un agent de la paix, à un préposé aux armes à feu ou au contrôleur des armes à feu :

a) tout objet visé par l’interdiction en sa possession à la date de l’ordonnance;

b) les autorisations, permis et certificats d’enregistrement — dont elle est titulaire à la date de l’ordonnance — afférents à ces objets.

Le cas échéant, l’ordonnance prévoit un délai raisonnable pour remettre les objets et les documents, durant lequel l’article 117.01 ne s’applique pas à cette personne.

L.R. (1985), ch. C-46, art. 114; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1995, ch. 22, art. 10, ch. 39, art. 139.

Confiscation

115. (1) Sauf indication contraire de l’ordonnance d’interdiction, les objets visés par celle-ci qui, à la date de l’ordonnance, sont en la possession de l’intéressé sont confisqués au profit de Sa Majesté.

Exception

(1.1) Le paragraphe (1) ne s’applique pas aux ordonnances rendues en vertu de l’article 515.

Disposition

(2) Le cas échéant, il peut en être disposé selon les instructions du procureur général.

L.R. (1985), ch. C-46, art. 115; 1995, ch. 39, art. 139; 2003, ch. 8, art. 5.

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Révocation ou modification des autorisations ou autres documents

116. (1) Sous réserve du paragraphe (2), toute ordonnance d’interdiction emporte sans délai la révocation ou la modification — dans la mesure qu’elle précise — des

515

autorisations, permis et certificats d’enregistrement délivrés à la personne visée par celle­ ci et afférents aux objets visés par l’interdiction.

Durée de la révocation ou de la modification — ordonnances rendues en vertu de l’art.

(2) L’ordonnance rendue en vertu de l’article 515 n’emporte la révocation ou la modification que pour la période de validité de l’ordonnance.

L.R. (1985), ch. C-46, art. 116; 1991, ch. 28, art. 11, ch. 40, art. 28 et 41; 1995, ch. 39, art. 139; 2003, ch. 8, art. 6.

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Restitution au propriétaire

117. La juridiction qui a rendu l’ordonnance d’interdiction ou qui aurait eu compétence pour le faire doit ordonner que les objets confisqués en application du paragraphe 115(1) ou susceptibles de l’être soient rendus à un tiers qui lui en fait la demande ou que le produit de leur vente soit versé à ce dernier ou, si les objets ont été détruits, qu’une somme égale à leur valeur lui soit versée, si elle est convaincue :

a) que celui-ci est le propriétaire légitime de ces objets et qu’il peut légalement les avoir en sa possession;

b) dans le cas d’une ordonnance rendue en application des paragraphes 109(1) ou 110(1), que celui-ci n’avait aucun motif raisonnable de croire que ces objets seraient ou pourraient être employés pour la perpétration de l’infraction à l’origine de l’ordonnance d’interdiction.

L.R. (1985), ch. C-46, art. 117; 1991, ch. 40, art. 29; 1995, ch. 39, art. 139.

Contravention d’une ordonnance d’interdiction

117.01 (1) Sous réserve du paragraphe (4), commet une infraction quiconque a en sa possession une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives pendant que cela lui est interdit par une ordonnance rendue sous le régime de la présente loi ou de toute autre loi fédérale.

Défaut de remettre les autorisations ou autres documents

(2) Commet une infraction quiconque sciemment n’exécute pas l’obligation que lui impose une ordonnance rendue sous le régime de la présente loi ou de toute autre loi fédérale de remettre à un agent de la paix, à un préposé aux armes à feu ou au contrôleur

des armes à feu une autorisation, un permis ou un certificat d’enregistrement dont il est titulaire.

Peine

(3) Quiconque commet l’infraction prévue au paragraphe (1) ou (2) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Réserve

(4) Le paragraphe (1) ne s’applique pas à une personne qui, conformément à une autorisation ou un permis qui lui a été délivré en vertu d’une ordonnance rendue en application du paragraphe 113(1), a en sa possession une arme à feu.

1995, ch. 39, art. 139.

Ordonnance de restriction Demande d’ordonnance

117.011 (1) L’agent de la paix, le préposé aux armes à feu ou le contrôleur des armes à feu peut demander à un juge de la cour provinciale de rendre une ordonnance en vertu du présent article s’il a des motifs raisonnables de croire que la personne visée par la demande habite ou a des rapports avec un particulier qui est sous le coup d’une ordonnance, rendue en vertu de la présente loi ou de toute autre loi fédérale, lui interdisant d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, et qui aurait ou pourrait avoir accès à de tels objets que celle-ci a en sa possession.

Date d’audition et avis

(2) Sur réception de la demande, le juge fixe la date à laquelle il l’entendra et ordonne que la personne visée par la demande en soit avisée de la manière qu’il indique.

Audition de la demande

(3) Sous réserve du paragraphe (4), le juge prend connaissance, à l’audition, de tout élément de preuve pertinent que présentent l’auteur de la demande et la personne visée par celle-ci, ou leurs procureurs.

Audition ex parte

(4) Il peut entendre ex parte la demande et la trancher en l’absence de la personne visée par la demande dans les cas où les cours des poursuites sommaires peuvent, en vertu de la partie XXVII, tenir le procès en l’absence du défendeur.

Ordonnance

(5) Si, au terme de l’audition, il est convaincu de l’existence des motifs visés au paragraphe (1), le juge rend une ordonnance imposant à la personne visée les conditions qu’il estime indiquées relativement à l’utilisation ou à la possession de tout objet visé à ce paragraphe.

Conditions

(6) Toutefois, compte tenu de l’objet de l’ordonnance, le juge impose des conditions aussi libérales que possible.

Appel d’une ordonnance

(7) La personne visée par l’ordonnance et le procureur général peuvent en interjeter appel devant la cour supérieure.

Appel du refus de rendre une ordonnance

(8) Lorsque le juge de la cour provinciale ne rend pas l’ordonnance, le procureur général peut interjeter appel de cette décision devant la cour supérieure.

Application de la partie XXVII

(9) La partie XXVII, sauf les articles 785 à 812, 816 à 819 et 829 à 838, s’applique, avec les adaptations nécessaires, aux appels interjetés en application des paragraphes (7) ou (8) et la mention de la cour d’appel dans cette partie vaut celle de la cour supérieure.

1995, ch. 39, art. 139.

Révocation de l’ordonnance prévue à l’article 117.011

117.012 Le juge de la cour provinciale peut, sur demande de la personne visée par une ordonnance rendue en application du paragraphe 117.011(5), révoquer l’ordonnance lorsqu’il est convaincu qu’elle n’est plus justifiée eu égard aux circonstances.

1995, ch. 39, art. 139.

Perquisition et saisie Perquisition et saisie sans mandat en cas d’infraction

117.02 (1) Lorsqu’il a des motifs raisonnables de croire à la perpétration d’une infraction avec usage d’une arme, d’une fausse arme à feu, d’un dispositif prohibé, de munitions, de munitions prohibées ou de substances explosives ou d’une infraction à la présente loi relative à une arme à feu, une fausse arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives et de croire qu’une preuve de celle-ci peut être trouvée sur une personne, dans un véhicule ou en tout lieu, sauf une maison d’habitation, l’agent de la paix, lorsque l’urgence de la situation rend difficilement réalisable l’obtention d’un mandat et que les conditions de délivrance de celui-ci sont réunies, peut, sans mandat, fouiller la personne ou le véhicule, perquisitionner dans ce lieu et saisir tout objet au moyen ou au sujet duquel il a des motifs raisonnables de croire que l’infraction est perpétrée ou l’a été.

Disposition des objets saisis

(2) Il est disposé conformément aux articles 490 et 491 des objets saisis.

1995, ch. 39, art. 139.

Saisie à défaut de présenter les documents

117.03 (1) Par dérogation à l’article 117.02, lorsqu’il trouve une personne qui a en sa possession une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées et qui est incapable de lui présenter sur-le­ champ pour examen une autorisation ou un permis qui l’y autorise, en plus, s’il s’agit d’une arme à feu, du certificat d’enregistrement de l’arme, l’agent de la paix peut saisir ces objets, à moins que la présente partie n’y autorise en l’espèce cette personne ou que celle-ci soit sous la surveillance directe d’une personne pouvant légalement les avoir en sa possession.

Remise des objets saisis sur présentation des documents

(2) Ces objets doivent être remis sans délai au saisi, s’il les réclame dans les quatorze jours et présente à l’agent de la paix qui les a saisis ou en a la garde l’autorisation ou le permis qui l’autorise a en avoir la possession légale, en plus, s’il s’agit d’une arme à feu, du certificat d’enregistrement de l’arme.

Confiscation

(3) L’agent de la paix remet sans délai les objets saisis non restitués à un juge de la cour provinciale qui peut, après avoir donné au saisi — ou au propriétaire, s’il est connu — l’occasion d’établir son droit de les avoir en sa possession, déclarer qu’ils sont confisqués au profit de Sa Majesté et qu’il en sera disposé conformément aux instructions du procureur général.

1995, ch. 39, art. 139.

Demande de mandat de perquisition

117.04 (1) Le juge de paix peut, sur demande de l’agent de la paix, délivrer un mandat autorisant celui-ci à perquisitionner dans tel bâtiment, contenant ou lieu et à saisir les armes, dispositifs prohibés, munitions, munitions prohibées ou substances explosives en la possession de telle personne, de même que les autorisations, permis ou certificats d’enregistrement - dont elle est titulaire ou qui sont en sa possession - afférents à ces objets, s’il est convaincu, sur la foi d’une dénonciation sous serment, qu’il existe des motifs raisonnables de croire que cette personne est en possession de tels objets dans ce bâtiment, contenant ou lieu et que cela n’est pas souhaitable pour sa sécurité ou celle d’autrui.

Saisie sans mandat

(2) Lorsque les conditions pour l’obtention du mandat sont réunies mais que l’urgence de la situation, suscitée par les risques pour la sécurité de cette personne ou pour celle d’autrui, la rend difficilement réalisable, l’agent de la paix peut, sans mandat, perquisitionner et saisir les armes, dispositifs prohibés, munitions, munitions prohibées ou substances explosives dont une personne a la possession, de même que les autorisations, permis ou certificats d’enregistrement — dont la personne est titulaire — afférents à ces objets, lorsqu’il est convaincu qu’il existe des motifs raisonnables de croire qu’il n’est pas souhaitable pour la sécurité de celle-ci, ni pour celle d’autrui, de lui laisser ces objets.

Rapport du mandat au juge de paix

(3) L’agent de la paix présente, immédiatement soit après l’exécution du mandat visé au paragraphe (1), soit après la saisie effectuée sans mandat en vertu du paragraphe (2), au juge de paix qui a délivré le mandat ou qui aurait eu compétence pour le faire un rapport précisant, outre les objets ou les documents saisis, le cas échéant, la date d’exécution du mandat ou les motifs ayant justifié la saisie sans mandat, selon le cas.

Révocation des autorisations, permis et certificats

(4) Les autorisations, permis et certificats d’enregistrement afférents aux objets en cause dont le saisi est titulaire sont révoqués de plein droit lorsque l’agent de la paix n’est pas en mesure de les saisir dans le cadre des paragraphes (1) ou (2).

1995, ch. 39, art. 139; 2004, ch. 12, art. 3.

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Demande d’une ordonnance pour disposer des objets saisis

117.05 (1) Lorsque l’agent de la paix sollicite, dans les trente jours suivant la date de l’exécution du mandat ou de la saisie sans mandat, une ordonnance de disposition des

objets et des documents saisis en vertu des paragraphes 117.04(1) ou (2), le juge de paix qui l’a délivré, ou celui qui aurait eu compétence pour le faire, peut rendre une telle ordonnance; il fixe la date d’audition de la demande et ordonne que soient avisées les personnes qu’il désigne, de la manière qu’il détermine.

Audition ex parte

(2) Le juge peut entendre ex parte la demande et la trancher en l’absence de la personne visée par l’ordonnance, dans les cas où les cours des poursuites sommaires peuvent, en vertu de la partie XXVII, tenir le procès en l’absence du défendeur.

Audition de la demande

(3) À l’audition de la demande, il prend connaissance de tous les éléments de preuve pertinents, notamment quant à la valeur des objets saisis.

Conclusion et ordonnance du tribunal

(4) Le juge qui, au terme de l’audition de la demande, conclut qu’il n’est pas souhaitable pour la sécurité du saisi, ni pour celle d’autrui, qu’il ait en sa possession des armes, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, doit :

a) ordonner que les objets saisis soient confisqués au profit de Sa Majesté ou qu’il en soit autrement disposé;

b) lorsqu’il est convaincu que les circonstances le justifient, interdire à celui-ci d’avoir en sa possession de tels objets pour une période d’au plus cinq ans à compter de la date de l’ordonnance.

Motifs

(5) S’il ne rend pas d’ordonnance ou s’il en rend une dont l’interdiction ne vise pas tous les objets visés au paragraphe (4), le juge est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Application des articles 113 à 117

(6) Les articles 113 à 117 s’appliquent à l’ordonnance visée au paragraphe (4).

Appel de la personne visée par l’ordonnance

(7) La personne visée par l’ordonnance peut en interjeter appel devant la cour supérieure.

Appel du procureur général

(8) Dans les cas où le juge de paix, après avoir entendu la demande visée au paragraphe (1), ne conclut pas dans le sens indiqué au paragraphe (4) ou, s’il le fait, lorsqu’il ne rend pas l’ordonnance d’interdiction prévue à l’alinéa (4)b), le procureur général peut interjeter appel du défaut devant la cour supérieure.

Application de la partie XXVII

(9) La partie XXVII, sauf les articles 785 à 812, 816 à 819 et 829 à 838, s’applique, avec les adaptations nécessaires, aux appels interjetés en application des paragraphes (7) ou (8) et la mention de la cour d’appel dans cette partie vaut celle de la cour supérieure.

1995, ch. 39, art. 139.

Absence de demande ou de conclusion

117.06 (1) Les objets ou documents saisis en vertu des paragraphes 117.04(1) ou (2) doivent être remis au saisi dans les cas suivants :

a) aucune demande n’est présentée en vertu du paragraphe 117.05(1) dans les trente jours qui suivent la date d’exécution du mandat ou de la saisie sans mandat, selon le cas;

b) la demande visée au paragraphe 117.05(1) est présentée dans le délai prévu à l’alinéa a), mais le juge de paix ne conclut pas dans le sens indiqué au paragraphe 117.05(4).

Rétablissement des autorisations et autres documents

(2) Le juge de paix visé à l’alinéa (1)b) peut renverser la révocation visée au paragraphe 117.04(4) et rétablir la validité d’une autorisation, d’un permis ou d’un certificat d’enregistrement, selon le cas, lorsque, en vertu du paragraphe (1), les objets ont été remis au saisi.

1995, ch. 39, art. 139.

Dispenses Fonctionnaires publics

117.07 (1) Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un fonctionnaire public n’est pas coupable d’une infraction à la présente loi ou à la Loi sur les armes à feu du seul fait que, dans le cadre de ses fonctions, il :

a) a en sa possession une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions prohibées ou des substances explosives;

b) fabrique, cède ou offre de fabriquer ou de céder une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées;

c) exporte ou importe une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées;

d) exporte ou importe quelque élément ou pièce conçu exclusivement pour être utilisé dans la fabrication ou l’assemblage d’armes automatiques;

e) modifie ou fabrique une arme à feu de façon à ce qu’elle puisse tirer rapidement plusieurs projectiles à chaque pression de la détente ou assemble des pièces d’armes à feu en vue d’obtenir une telle arme;

f) omet de signaler la perte, le vol ou la découverte d’une arme à feu, d’une arme prohibée, d’une arme à autorisation restreinte, d’un dispositif prohibé, de munitions, de munitions prohibées ou de substances explosives, ou la destruction de tels objets;

g) modifie le numéro de série d’une arme à feu.

Définition de « fonctionnaire public »

(2) Pour l’application du présent article, sont des fonctionnaires publics :

a) les agents de la paix;

b) les membres des Forces canadiennes ou des forces armées d’un État étranger sous les ordres de celles-ci;

c) le conservateur ou les employés d’un musée constitué par le chef d’état-major de la défense nationale;

d) les membres des organisations de cadets sous l’autorité et le commandement des Forces canadiennes;

e) les personnes qui reçoivent la formation pour devenir agents de la paix ou officiers de police sous l’autorité et la surveillance soit d’une force policière soit d’une école de police ou d’une autre institution semblable désignées par le procureur général du Canada ou par le lieutenant-gouverneur en conseil d’une province;

f) les membres des forces étrangères présentes au Canada, au sens de l’article 2 de la Loi sur les forces étrangères présentes au Canada, qui sont autorisés, en vertu de l’alinéa 14a) de cette loi, à détenir et à porter des armes à feu, munitions ou explosifs;

g) les personnes ou catégories de personnes désignées par règlement qui sont des employés des administrations publiques fédérale, provinciales ou municipales;

h) le commissaire aux armes à feu, le directeur, les contrôleurs des armes à feu, les préposés aux armes à feu et les personnes désignées en vertu de l’article 100 de la Loi sur les armes à feu.

1995, ch. 39, art. 139; 2003, ch. 8, art. 7, ch. 22, art. 224(A).

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Particulier agissant pour le compte des forces armées ou policières

117.08 Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un particulier n’est pas coupable d’une infraction à la présente loi ou à la Loi sur les armes à feu du seul fait que, sous les ordres et pour le compte des forces policières, des Forces canadiennes, des forces étrangères présentes au Canada — au sens de l’article 2 de la Loi sur les forces étrangères présentes au Canada — ou d’un ministère fédéral ou provincial, il :

a) a en sa possession une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions prohibées ou des substances explosives;

b) fabrique, cède ou offre de fabriquer ou de céder une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées;

c) exporte ou importe une arme à feu, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé ou des munitions prohibées;

d) exporte ou importe quelque élément ou pièce conçu exclusivement pour être utilisé dans la fabrication ou l’assemblage d’armes automatiques;

e) modifie ou fabrique une arme à feu de façon à ce qu’elle puisse tirer rapidement plusieurs projectiles à chaque pression de la détente ou assemble des pièces d’armes à feu en vue d’obtenir une telle arme;

f) omet de signaler la perte, le vol ou la découverte d’une arme à feu, d’une arme prohibée, d’une arme à autorisation restreinte, d’un dispositif prohibé, de munitions, de munitions prohibées ou de substances explosives, ou la destruction de tels objets;

g) modifie le numéro de série d’une arme à feu.

1995, ch. 39, art. 139.

Employés des titulaires de permis

117.09 (1) Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un particulier titulaire d’un permis qui l’autorise à acquérir et à avoir en sa

possession une arme à feu à autorisation restreinte et dont l’employeur — une entreprise au sens du paragraphe 2(1) de la Loi sur les armes à feu — est lui-même titulaire d’un permis l’autorisant à se livrer à des activités particulières relatives aux armes à feu prohibées, armes prohibées, dispositifs prohibés ou munitions prohibées, n’est pas coupable d’une infraction à la présente loi ou à la Loi sur les armes à feu du seul fait que, dans le cadre de ses fonctions en rapport à ces activités, il :

a) a en sa possession une arme à feu prohibée, une arme prohibée, un dispositif prohibé ou des munitions prohibées;

b) fabrique, cède ou offre de fabriquer ou de céder une arme prohibée, un dispositif prohibé ou des munitions prohibées;

c) modifie ou fabrique une arme à feu de façon à ce qu’elle puisse tirer rapidement plusieurs projectiles à chaque pression de la détente ou assemble des pièces d’armes à feu en vue d’obtenir une telle arme;

d) modifie le numéro de série d’une arme à feu.

Employés d’une entreprise titulaire d’un permis

(2) Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un particulier dont l’employeur est une entreprise — au sens du paragraphe 2(1) de la Loi sur les armes à feu — titulaire d’un permis n’est pas coupable d’une infraction à la présente loi ou à cette loi du seul fait que, dans le cadre de ses fonctions, il a en sa possession, fabrique ou cède ou offre de fabriquer ou de céder une arme à feu partiellement fabriquée qui, dans son état incomplet, ne constitue pas une arme pourvue d’un canon permettant de tirer du plomb, des balles ou tout autre projectile et n’est pas susceptible d’infliger des lésions corporelles graves ou la mort à une personne.

Employés des transporteurs

(3) Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un particulier dont l’employeur est un transporteur au sens du paragraphe 2(1) de la Loi sur les armes à feu n’est pas coupable d’une infraction à la présente loi ou à cette loi du seul fait que, dans le cadre de ses fonctions, il a en sa possession une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions ou des munitions prohibées, ou il cède ou offre de céder de tels objets.

Employés de musées — imitation d’armes à feu historiques utilisables

(4) Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un particulier dont l’employeur est un musée — au sens du paragraphe 2(1) de la Loi sur les armes à feu — titulaire d’un permis n’est pas coupable d’une infraction à la présente loi ou à la Loi sur les armes à feu du seul fait que, dans le cadre de ses fonctions, il a en sa possession ou cède une arme à feu conçue de façon à avoir l’apparence exacte

d’une arme à feu historique — ou à la reproduire le plus fidèlement possible — ou à laquelle on a voulu donner cette apparence, s’il a reçu une formation pour le maniement et l’usage d’une telle arme à feu.

Employés de musées — armes à feu

(5) Par dérogation aux autres dispositions de la présente loi, mais sous réserve de l’article 117.1, un particulier dont l’employeur est un musée — au sens du paragraphe 2(1) de la Loi sur les armes à feu — titulaire d’un permis n’est pas coupable d’une infraction à la présente loi ou à la Loi sur les armes à feu du seul fait que, dans le cadre de ses fonctions, il a en sa possession ou cède une arme à feu, s’il est nominalement désigné par le ministre provincial visé au paragraphe 2(1) de la Loi sur les armes à feu.

Sécurité publique

(6) Le ministre provincial ne procède pas à la désignation d’un particulier visé au paragraphe (5) lorsqu’elle n’est pas souhaitable pour la sécurité de quiconque.

Conditions

(7) Le ministre provincial peut assortir la désignation des conditions raisonnables qu’il estime souhaitables dans les circonstances et en vue de la sécurité de quiconque.

1995, ch. 39, art. 139.

Réserve

117.1 Les articles 117.07 à 117.09 ne s’appliquent pas aux personnes qui contreviennent à une ordonnance d’interdiction ou aux conditions d’une autorisation ou d’un permis délivré en vertu d’une ordonnance rendue en application du paragraphe 113(1).

1995, ch. 39, art. 139.

Dispositions générales Charge de la preuve

117.11 Dans toute poursuite intentée dans le cadre des articles 89, 90, 91, 93, 97, 101, 104 et 105, c’est au prévenu qu’il incombe éventuellement de prouver qu’une personne est titulaire d’une autorisation, d’un permis ou d’un certificat d’enregistrement.

1995, ch. 39, art. 139.

Authenticité des documents

117.12 (1) Dans toute poursuite intentée en vertu de la présente loi ou de toute autre loi fédérale, un document présenté comme étant une autorisation, un permis ou un certificat d’enregistrement fait foi des déclarations qui y sont contenues.

Copies certifiées conformes

(2) Dans toute poursuite intentée dans le cadre de la présente loi ou de toute autre loi fédérale, toute copie d’une autorisation, d’un permis ou d’un certificat d’enregistrement certifiée conforme à l’original par le directeur ou le contrôleur des armes à feu est admissible en justice et, sauf preuve contraire, a la même force probante que l’original.

1995, ch. 39, art. 139.

Certificat d’analyse

117.13 (1) Dans toute poursuite intentée en vertu de la présente loi ou de l’article 19 de la Loi sur les licences d’exportation et d’importation en rapport avec le paragraphe 15(2) de cette dernière et relative à une arme, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, ou quelque élément ou pièce de ceux-ci, le certificat d’un analyste où il est déclaré que celui-ci a effectué l’analyse de ces objets et où sont données ses conclusions fait foi de la nature de celle-ci sans qu’il soit nécessaire de prouver la signature ou la qualité officielle du signataire.

Présence requise

(2) La partie contre laquelle le certificat est produit peut, avec l’autorisation du tribunal, exiger que son auteur comparaisse pour qu’elle puisse le contre-interroger.

Avis de production

(3) Le certificat ne peut être admis en preuve que si la partie qui entend le produire a donné un avis raisonnable à la partie contre laquelle il doit servir ainsi qu’une copie de celui-ci.

(4) et (5) [Abrogés, 2008, ch. 18, art. 2]

1995, ch. 39, art. 139; 2008, ch. 18, art. 2.

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Délai d’amnistie

117.14 (1) Le gouverneur en conseil peut, par décret, fixer aux fins visées au paragraphe (2) un délai établissant une amnistie à l’égard d’une arme, d’un dispositif prohibé, de munitions prohibées ou de substances explosives, ou de quelque élément ou pièce conçu exclusivement pour être utilisé dans la fabrication ou l’assemblage d’armes automatiques.

Objet

(2) Le décret peut déclarer une période d’amnistie pour permettre :

a) soit à une personne en possession de tout objet visé par le décret de faire toute chose qui y est mentionnée, notamment le remettre à un agent de la paix, à un préposé aux armes à feu ou au contrôleur des armes à feu, l’enregistrer ou en disposer par destruction ou autrement;

b) soit que des modifications soient apportées à ces objets, de façon à ce qu’ils ne soient plus des armes à feu prohibées, des armes prohibées, des dispositifs prohibés ou des munitions prohibées, selon le cas.

Acte non répréhensible

(3) La personne qui, au cours de la période d’amnistie, agit conformément au décret ne peut, de ce seul fait, être coupable d’une infraction à la présente partie.

Nullité des poursuites

(4) Il ne peut, sous peine de nullité, être intenté de poursuite dans le cadre de la présente partie contre une personne ayant agi en conformité avec le présent article.

1995, ch. 39, art. 139.

Règlements

117.15 (1) Sous réserve du paragraphe (2), le gouverneur en conseil peut, par règlement, prendre toute mesure d’ordre réglementaire prévue ou pouvant être prévue par la présente partie.

Restriction

(2) Le gouverneur en conseil ne peut désigner par règlement comme arme à feu prohibée, arme à feu à autorisation restreinte, arme prohibée, arme à autorisation restreinte, dispositif prohibé ou munitions prohibées toute chose qui, à son avis, peut raisonnablement être utilisée au Canada pour la chasse ou le sport.

1995, ch. 39, art. 139.

PARTIE IV

INFRACTIONS CONTRE L’APPLICATION DE LA LOI ET L’ADMINISTRATION DE LA JUSTICE Définitions Définitions

118. Les définitions qui suivent s’appliquent à la présente partie.

« charge » ou « emploi »

“office”

« charge » ou « emploi » S’entend notamment :

a) d’une charge ou fonction sous l’autorité du gouvernement;

b) d’une commission civile ou militaire;

c) d’un poste ou emploi dans un ministère public.

« fonctionnaire »

“official”

« fonctionnaire » Personne qui, selon le cas :

a) occupe une charge ou un emploi;

b) est nommée ou élue pour remplir une fonction publique.

« gouvernement »

“government”

« gouvernement » Selon le cas :

a) le gouvernement du Canada;

b) le gouvernement d’une province;

c) Sa Majesté du chef du Canada ou d’une province.

« procédure judiciaire »

“judicial proceeding”

« procédure judiciaire » Procédure :

a) devant un tribunal judiciaire ou sous l’autorité d’un tel tribunal;

b) devant le Sénat ou la Chambre des communes ou un de leurs comités, ou devant un conseil législatif, une assemblée législative ou une chambre d’assemblée ou un comité de l’un de ces derniers qui est autorisé par la loi à faire prêter serment;

c) devant un tribunal, un juge, un juge de paix, un juge de la cour provinciale ou un coroner;

d) devant un arbitre, un tiers-arbitre ou une personne ou un groupe de personnes autorisé par la loi à tenir une enquête et à y recueillir des témoignages sous serment;

e) devant tout tribunal ayant le pouvoir d’établir un droit légal ou une obligation légale,

que la procédure soit invalide ou non par manque de juridiction ou pour toute autre raison.

« témoignage », « déposition » ou « déclaration »

“evidence” or “statement”

« témoignage », « déposition » ou « déclaration » Assertion de fait, opinion, croyance ou connaissance, qu’elle soit essentielle ou non et qu’elle soit admissible ou non.

« témoin »

“witness”

« témoin » Personne qui témoigne oralement sous serment ou par affidavit dans une procédure judiciaire, qu’elle soit habile ou non à être témoin, y compris un enfant en bas âge qui témoigne sans avoir été assermenté parce que, de l’avis de la personne qui préside, il ne comprend pas la nature d’un serment.

L.R. (1985), ch. C-46, art. 118; L.R. (1985), ch. 27 (1er suppl.), art. 15 et 203; 2007, ch. 13, art. 2.

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Corruption et désobéissance

Corruption de fonctionnaires judiciaires, etc.

119. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) pendant qu’il occupe une charge judiciaire ou est membre du Parlement ou d’une législature provinciale, accepte ou obtient, convient d’accepter ou tente d’obtenir, directement ou indirectement, par corruption, pour lui-même ou pour une autre personne, de l’argent, une contrepartie valable, une charge, une place ou un emploi à l’égard d’une chose qu’il a faite ou s’est abstenu de faire ou qu’il fera ou s’abstiendra de faire en sa qualité officielle;

b) donne ou offre directement ou indirectement à une personne visée à l’alinéa a) ou à quiconque au profit de cette personne, par corruption, de l’argent, une contrepartie valable, une charge, une place ou un emploi à l’égard d’une chose qu’elle a faite ou s’est abstenue de faire ou qu’elle fera ou s’abstiendra de faire en sa qualité officielle.

Consentement du procureur général

(2) Nulle procédure contre une personne qui occupe une charge judiciaire ne peut être intentée sous le régime du présent article sans le consentement écrit du procureur général du Canada.

L.R. (1985), ch. C-46, art. 119; 2007, ch. 13, art. 3.

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Corruption de fonctionnaires

120. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) pendant qu’il est juge de paix, commissaire de police, agent de la paix, fonctionnaire public ou fonctionnaire d’un tribunal pour enfants, ou est employé à l’administration du droit criminel, accepte ou obtient, convient d’accepter ou tente d’obtenir, directement ou indirectement, par corruption, pour lui-même ou pour une autre personne, de l’argent, une contrepartie valable, une charge, une place ou un emploi, avec l’intention :

(i) soit d’entraver l’administration de la justice,

(ii) soit de provoquer ou de faciliter la perpétration d’une infraction,

(iii) soit d’empêcher la découverte ou le châtiment d’une personne qui a commis ou se propose de commettre une infraction;

b) donne ou offre directement ou indirectement à une personne visée à l’alinéa a) ou à quiconque au profit de cette personne, par corruption, de l’argent, une contrepartie valable, une charge, une place ou un emploi dans le dessein de lui faire faire une chose mentionnée aux sous-alinéas a)(i), (ii) ou (iii).

L.R. (1985), ch. C-46, art. 120; 2007, ch. 13, art. 4.

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Fraudes envers le gouvernement

121. (1) Commet une infraction quiconque, selon le cas :

a) directement ou indirectement :

(i) soit donne, offre ou convient de donner ou d’offrir à un fonctionnaire ou à un membre de sa famille ou à toute personne au profit d’un fonctionnaire,

(ii) soit, étant fonctionnaire, exige, accepte ou offre ou convient d’accepter de quelqu’un, pour lui-même ou pour une autre personne,

un prêt, une récompense, un avantage ou un bénéfice de quelque nature que ce soit en considération d’une collaboration, d’une aide, d’un exercice d’influence ou d’un acte ou omission concernant :

(iii) soit la conclusion d’affaires avec le gouvernement ou un sujet d’affaires ayant trait au gouvernement,

(iv) soit une réclamation contre Sa Majesté ou un avantage que Sa Majesté a l’autorité ou le droit d’accorder,

que, de fait, le fonctionnaire soit en mesure ou non de collaborer, d’aider, d’exercer une influence ou de faire ou omettre ce qui est projeté, selon le cas;

b) traitant d’affaires avec le gouvernement, paye une commission ou une récompense, ou confère un avantage ou un bénéfice de quelque nature, directement ou indirectement, à un employé ou à un fonctionnaire du gouvernement avec lequel il traite, ou à un membre de sa famille ou à toute personne au profit de l’employé ou du fonctionnaire, à l’égard de ces affaires, à moins d’avoir obtenu le consentement écrit du chef de la division de gouvernement avec laquelle il traite;

c) pendant qu’il est fonctionnaire ou employé du gouvernement, exige, accepte ou offre ou convient d’accepter d’une personne qui a des relations d’affaires avec le gouvernement une commission, une récompense, un avantage ou un bénéfice de quelque nature, directement ou indirectement, pour lui-même ou pour une autre personne, à moins

d’avoir obtenu le consentement écrit du chef de la division de gouvernement qui l’emploie ou dont il est fonctionnaire;

d) ayant ou prétendant avoir de l’influence auprès du gouvernement ou d’un ministre du gouvernement, ou d’un fonctionnaire, exige, accepte ou offre, ou convient d’accepter, directement ou indirectement, pour lui-même ou pour une autre personne, une récompense, un avantage ou un bénéfice de quelque nature en contrepartie d’une collaboration, d’une aide, d’un exercice d’influence ou d’un acte ou d’une omission concernant :

(i) soit une chose mentionnée aux sous-alinéas a)(iii) ou (iv),

(ii) soit la nomination d’une personne, y compris lui-même, à une charge;

e) donne, offre ou convient de donner ou d’offrir, directement ou indirectement, à un ministre du gouvernement ou à un fonctionnaire ou à quiconque au profit d’un ministre ou d’un fonctionnaire, une récompense, un avantage ou un bénéfice de quelque nature en contrepartie d’une collaboration, d’une aide, d’un exercice d’influence ou d’un acte ou d’une omission du ministre ou du fonctionnaire concernant :

(i) soit une chose mentionnée aux sous-alinéas a)(iii) ou (iv),

(ii) soit la nomination d’une personne, y compris lui-même, à une charge;

f) ayant présenté une soumission en vue d’obtenir un contrat avec le gouvernement :

(i) soit donne, offre ou convient de donner ou d’offrir, directement ou indirectement, à une autre personne qui a présenté une soumission, à un membre de la famille de cette autre personne ou à quiconque au profit de cette autre personne, une récompense, un avantage ou un bénéfice de quelque nature en contrepartie du retrait de la soumission de cette autre personne,

(ii) soit exige, accepte ou offre ou convient d’accepter, directement ou indirectement, d’une autre personne qui a présenté une soumission, une récompense, un avantage ou un bénéfice de quelque nature, pour lui-même ou pour une autre personne, en contrepartie du retrait de sa propre soumission.

Entrepreneur qui souscrit à une caisse électorale

(2) Commet une infraction quiconque, afin d’obtenir ou de retenir un contrat avec le gouvernement, ou comme condition expresse ou tacite d’un tel contrat, directement ou indirectement souscrit, donne ou convient de souscrire ou de donner à une personne une contrepartie valable :

a) soit en vue de favoriser l’élection d’un candidat ou d’un groupe ou d’une classe de candidats au Parlement ou à une législature provinciale;

b) soit avec l’intention d’influencer ou d’affecter de quelque façon le résultat d’une élection tenue pour l’élection de membres du Parlement ou d’une législature provinciale.

Peine

(3) Quiconque commet une infraction prévue au présent article est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

L.R. (1985), ch. C-46, art. 121; 2007, ch. 13, art. 5.

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Abus de confiance par un fonctionnaire public

122. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans tout fonctionnaire qui, relativement aux fonctions de sa charge, commet une fraude ou un abus de confiance, que la fraude ou l’abus de confiance constitue ou non une infraction s’il est commis à l’égard d’un particulier.

S.R., ch. C-34, art. 111.

Actes de corruption dans les affaires municipales

123. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque soit donne, offre ou convient de donner ou d’offrir, directement ou indirectement, à un fonctionnaire municipal ou à toute autre personne au profit d’un fonctionnaire municipal, soit, pendant qu’il est un fonctionnaire municipal, exige, accepte ou offre, ou convient d’accepter, directement ou indirectement, d’une personne, pour lui­ même ou pour une autre personne, un prêt, une récompense, un avantage ou un bénéfice de quelque nature en contrepartie du fait, pour le fonctionnaire, selon le cas :

a) de s’abstenir de voter à une réunion du conseil municipal ou d’un de ses comités;

b) de voter pour ou contre une mesure, une motion ou une résolution;

c) d’aider à obtenir l’adoption d’une mesure, motion ou résolution, ou à l’empêcher;

d) d’accomplir ou de s’abstenir d’accomplir un acte officiel.

Influencer un fonctionnaire municipal

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque influence ou tente d’influencer un fonctionnaire municipal pour qu’il fasse une chose mentionnée aux alinéas (1)a) à d) :

a) soit par la dissimulation de la vérité, dans le cas d’une personne obligée de révéler la vérité;

b) soit par des menaces ou la tromperie;

c) soit par quelque moyen illégal.

Définition de « fonctionnaire municipal »

(3) Au présent article, « fonctionnaire municipal » désigne un membre d’un conseil municipal ou une personne qui détient une charge relevant d’un gouvernement municipal.

L.R. (1985), ch. C-46, art. 123; L.R. (1985), ch. 27 (1er suppl.), art. 16; 2007, ch. 13, art. 6.

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Achat ou vente d’une charge

124. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) prétend vendre ou convient de vendre une nomination à une charge ou la démission d’une charge, ou un consentement à une telle nomination ou démission, ou reçoit ou convient de recevoir une récompense ou un bénéfice de la prétendue vente en question;

b) prétend acheter une telle nomination, démission ou un tel consentement, ou donne une récompense ou un bénéfice pour le prétendu achat, ou convient ou promet de le faire.

S.R., ch. C-34, art. 113.

Influencer ou négocier une nomination ou en faire commerce

125. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) reçoit, convient de recevoir, donne ou obtient que soit donné, directement ou indirectement, une récompense, un avantage ou un bénéfice de quelque nature en considération de la collaboration, de l’aide ou de l’exercice d’influence pour obtenir la nomination d’une personne à une charge;

b) sollicite, recommande ou négocie de quelque manière une nomination à une charge ou une démission d’une charge en prévision d’une récompense, d’un avantage ou d’un bénéfice, direct ou indirect;

c) maintient, sans autorisation légitime, dont la preuve lui incombe, un établissement pour la conclusion ou la négociation de toutes affaires concernant :

(i) la nomination de personnes pour remplir des vacances,

(ii) la vente ou l’achat de charges,

(iii) les nominations à des charges ou les démissions de charges.

S.R., ch. C-34, art. 114.

Désobéissance à une loi

126. (1) À moins qu’une peine ne soit expressément prévue par la loi, quiconque, sans excuse légitime, contrevient à une loi fédérale en accomplissant volontairement une chose qu’elle défend ou en omettant volontairement de faire une chose qu’elle prescrit, est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

Intervention du procureur général du Canada

(2) Le gouvernement du Canada, ou un agent agissant en son nom, peut intenter des procédures à l’égard d’une infraction à l’une des lois mentionnées au paragraphe (1), à l’exclusion de la présente loi, ou d’un complot pour commettre une telle infraction.

L.R. (1985), ch. C-46, art. 126; L.R. (1985), ch. 27 (1er suppl.), art. 185(F).

Désobéissance à une ordonnance du tribunal

127. (1) Quiconque, sans excuse légitime, désobéit à une ordonnance légale donnée par un tribunal judiciaire ou par une personne ou un corps de personnes autorisé par une loi à donner ou décerner l’ordonnance, autre qu’une ordonnance visant le paiement d’argent, est, à moins que la loi ne prévoie expressément une peine ou un autre mode de procédure, coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Intervention du procureur général du Canada

(2) Lorsque l’ordonnance visée au paragraphe (1) a été donnée au cours de procédures intentées à la demande du gouvernement du Canada et dirigées par lui ou par un agent agissant en son nom, toute procédure pour infraction à l’ordonnance ou complot pour commettre une telle infraction peut être intentée et dirigée de la même manière.

L.R. (1985), ch. C-46, art. 127; L.R. (1985), ch. 27 (1er suppl.), art. 185(F); 2005, ch. 32, art. 1.

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Prévarication des fonctionnaires dans l’exécution d’actes judiciaires

128. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans tout agent de la paix ou coroner qui, étant chargé de l’exécution d’un acte judiciaire, volontairement :

a) soit commet une prévarication dans l’exécution de cet acte;

b) soit présente un faux rapport relativement à cet acte.

S.R., ch. C-34, art. 117.

Infractions relatives aux agents de la paix

129. Quiconque, selon le cas :

a) volontairement entrave un fonctionnaire public ou un agent de la paix dans l’exécution de ses fonctions ou toute personne prêtant légalement main-forte à un tel fonctionnaire ou agent, ou lui résiste en pareil cas;

b) omet, sans excuse raisonnable, de prêter main-forte à un fonctionnaire public ou à un agent de la paix qui exécute ses fonctions en arrêtant quelqu’un ou en préservant la paix, après un avis raisonnable portant qu’il est requis de le faire;

c) résiste à une personne ou volontairement l’entrave dans l’exécution légitime d’un acte judiciaire contre des terres ou biens meubles ou dans l’accomplissement d’une saisie légale,

est coupable :

d) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

e) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 118; 1972, ch. 13, art. 7.

Prétendre faussement être un agent de la paix

130. (1) Commet une infraction quiconque, selon le cas :

a) se présente faussement comme agent de la paix ou fonctionnaire public;

b) n’étant pas un agent de la paix ni un fonctionnaire public, emploie un insigne ou article d’uniforme ou équipement de façon à faire croire vraisemblablement qu’il est un agent de la paix ou un fonctionnaire public, selon le cas.

Peine

(2) Quiconque commet une infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 130; 2009, ch. 28, art. 2.

Version précédente

Personnes qui trompent la justice Parjure

131. (1) Sous réserve du paragraphe (3), commet un parjure quiconque fait, avec l’intention de tromper, une fausse déclaration après avoir prêté serment ou fait une affirmation solennelle, dans un affidavit, une déclaration solennelle, un témoignage écrit ou verbal devant une personne autorisée par la loi à permettre que cette déclaration soit faite devant elle, en sachant que sa déclaration est fausse.

Témoin virtuel

(1.1) Sous réserve du paragraphe (3), commet un parjure la personne visée au paragraphe 46(2) de la Loi sur la preuve au Canada ou à l’article 22.2 de la Loi sur l’entraide juridique en matière criminelle qui fait, avec l’intention de tromper, une fausse déclaration, la sachant fausse, qu’elle ait été faite ou non en conformité avec le paragraphe (1), pour autant qu’elle ait été faite en conformité avec les formalités prescrites par le droit en vigueur dans le ressort étranger.

Idem

(2) Le paragraphe (1) s’applique que la déclaration qui y est mentionnée soit faite ou non au cours d’une procédure judiciaire.

Application

(3) Les paragraphes (1) et (1.1) ne s’appliquent pas à une déclaration visée dans ces paragraphes faite par une personne n’ayant pas la permission, l’autorisation ou l’obligation de la faire en vertu de la loi.

L.R. (1985), ch. C-46, art. 131; L.R. (1985), ch. 27 (1er suppl.), art. 17; 1999, ch. 18, art. 92.

Peine

132. Quiconque commet un parjure est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

L.R. (1985), ch. C-46, art. 132; L.R. (1985), ch. 27 (1er suppl.), art. 17; 1998, ch. 35, art. 119.

Corroboration

133. Nul ne doit être déclaré coupable d’une infraction prévue à l’article 132 sur la déposition d’un seul témoin à moins qu’elle ne soit corroborée sous quelque rapport essentiel par une preuve qui implique l’accusé.

L.R. (1985), ch. C-46, art. 133; L.R. (1985), ch. 27 (1er suppl.), art. 17.

Idem

134. (1) Sous réserve du paragraphe (2), est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, n’ayant pas la permission, l’autorisation ou l’obligation d’après la loi de faire une déclaration sous serment ou une affirmation solennelle, fait une telle déclaration dans un affidavit, une déclaration solennelle, un témoignage écrit ou verbal devant une personne autorisée par la loi à permettre que cette déclaration soit faite devant elle, sachant que cette déclaration est fausse.

Application

(2) Le paragraphe (1) ne s’applique pas à une déclaration visée dans ce paragraphe faite dans le cours d’une enquête en matière criminelle.

L.R. (1985), ch. C-46, art. 134; L.R. (1985), ch. 27 (1er suppl.), art. 17.

135. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 17]

Témoignages contradictoires

136. (1) Quiconque, étant témoin dans une procédure judiciaire, témoigne à l’égard d’une question de fait ou de connaissance et, subséquemment, dans une procédure judiciaire, rend un témoignage contraire à sa déposition antérieure est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans, que la déposition antérieure ou le témoignage postérieur, ou les deux, soient véridiques ou non, mais aucune personne ne peut être déclarée coupable en vertu du présent article à moins que le tribunal, le juge ou

le juge de la cour provinciale, selon le cas, ne soit convaincu, hors de tout doute raisonnable, que l’accusé, en témoignant dans l’une ou l’autre des procédures judiciaires, avait l’intention de tromper.

Dépositions à distance

(1.1) Les dépositions faites dans le cadre des articles 714.1 à 714.4, du paragraphe 46(2) de la Loi sur la preuve au Canada ou de l’article 22.2 de la Loi sur l’entraide juridique en matière criminelle sont, pour l’application du présent article, réputées être faites dans une procédure judiciaire.

Définition de « témoignage » ou « déposition »

(2) Nonobstant la définition de « témoignage » ou « déposition » à l’article 118, les témoignages non substantiels ne sont pas, pour l’application du présent article, des témoignages ou dépositions.

Preuve de procès antérieur

(2.1) Lorsqu’une personne est inculpée d’une infraction que prévoit le présent article, un certificat, précisant de façon raisonnable la procédure où cette personne aurait rendu le témoignage qui fait l’objet de l’infraction, fait preuve qu’il a été rendu dans une procédure judiciaire, sans qu’il soit nécessaire de prouver l’authenticité de la signature ni la qualité officielle du signataire, si le certificat est apparemment signé par le greffier du tribunal ou autre fonctionnaire ayant la garde du procès-verbal de cette procédure ou par son substitut légitime.

Consentement requis

(3) Aucune procédure ne peut être intentée en vertu du présent article sans le consentement du procureur général.

L.R. (1985), ch. C-46, art. 136; L.R. (1985), ch. 27 (1er suppl.), art. 18 et 203; 1999, ch. 18, art. 93.

Fabrication de preuve

137. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, avec l’intention de tromper, fabrique quoi que ce soit dans le dessein de faire servir cette chose comme preuve dans une procédure judiciaire, existante ou projetée, par tout moyen autre que le parjure ou l’incitation au parjure.

S.R., ch. C-34, art. 125.

Infractions relatives aux affidavits

138. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) signe un écrit donné comme étant un affidavit ou une déclaration solennelle et comme ayant été fait sous serment ou déclaré devant lui, alors que cet écrit n’a pas été ainsi fait sous serment ou déclaré ou lorsqu’il sait qu’il n’est pas autorisé à faire prêter le serment ou à recevoir la déclaration;

b) emploie ou offre en usage tout écrit donné comme étant un affidavit ou une déclaration solennelle qu’il sait n’avoir pas été fait sous serment ou formulé, selon le cas, par son auteur ou devant une personne autorisée à cet égard;

c) signe comme auteur un écrit donné comme étant un affidavit ou une déclaration solennelle et comme ayant été fait sous serment ou formulé par lui, selon le cas, alors que l’écrit n’a pas été ainsi fait sous serment ou formulé.

S.R., ch. C-34, art. 126.

Entrave à la justice

139. (1) Quiconque volontairement tente de quelque manière d’entraver, de détourner ou de contrecarrer le cours de la justice dans une procédure judiciaire :

a) soit en indemnisant ou en convenant d’indemniser une caution de quelque façon que ce soit, en totalité ou en partie;

b) soit étant une caution, en acceptant ou convenant d’accepter des honoraires ou toute forme d’indemnité, que ce soit en totalité ou en partie, de la part d’une personne qui est ou doit être mise en liberté ou à l’égard d’une telle personne,

est coupable :

c) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

d) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Idem

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque volontairement tente de quelque manière, autre qu’une manière visée au paragraphe (1), d’entraver, de détourner ou de contrecarrer le cours de la justice.

Idem

(3) Sans que soit limitée la portée générale du paragraphe (2), est censé tenter volontairement d’entraver, de détourner ou de contrecarrer le cours de la justice quiconque, dans une procédure judiciaire existante ou projetée, selon le cas :

a) dissuade ou tente de dissuader une personne, par des menaces, des pots-de-vin ou d’autres moyens de corruption, de témoigner;

b) influence ou tente d’influencer une personne dans sa conduite comme juré, par des menaces, des pots-de-vin ou d’autres moyens de corruption;

c) accepte ou obtient, convient d’accepter ou tente d’obtenir un pot-de-vin ou une autre compensation vénale pour s’abstenir de témoigner ou pour faire ou s’abstenir de faire quelque chose à titre de juré.

S.R., ch. C-34, art. 127; S.R., ch. 2(2e suppl.), art. 3; 1972, ch. 13, art. 8.

Méfait public

140. (1) Commet un méfait public quiconque, avec l’intention de tromper, amène un agent de la paix à commencer ou à continuer une enquête :

a) soit en faisant une fausse déclaration qui accuse une autre personne d’avoir commis une infraction;

b) soit en accomplissant un acte destiné à rendre une autre personne suspecte d’une infraction qu’elle n’a pas commise, ou pour éloigner de lui les soupçons;

c) soit en rapportant qu’une infraction a été commise quand elle ne l’a pas été;

d) soit en rapportant, annonçant ou faisant annoncer de quelque autre façon qu’il est décédé ou qu’une autre personne est décédée alors que cela est faux.

Peine

(2) Quiconque commet un méfait public est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 140; L.R. (1985), ch. 27 (1er suppl.), art. 19.

Composition avec un acte criminel

141. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque demande ou obtient, ou convient de recevoir ou d’obtenir, une

contrepartie valable, pour lui-même ou quelque autre personne, en s’engageant à composer avec un acte criminel ou à le cacher.

Exception relative aux ententes impliquant une autre solution

(2) Le paragraphe (1) ne s’applique pas dans les cas où une contrepartie valable est reçue ou obtenue ou doit être reçue ou obtenue aux termes d’une entente prévoyant un dédommagement ou une restitution si cette entente est conclue, selon le cas :

a) avec le consentement du procureur général;

b) dans le cadre d’un programme approuvé par le procureur général et visant à soustraire des personnes accusées d’actes criminels à des procédures pénales.

L.R. (1985), ch. C-46, art. 141; L.R. (1985), ch. 27 (1er suppl.), art. 19.

Acceptation vénale d’une récompense pour le recouvrement d’effets

142. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, par corruption, accepte une contrepartie valable, directement ou indirectement, sous prétexte d’aider une personne à recouvrer une chose obtenue par la perpétration d’un acte criminel, ou au titre d’une telle aide.

S.R., ch. C-34, art. 130.

Offre de récompense et d’immunité

143. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, selon le cas :

a) annonce publiquement une récompense pour la remise d’une chose volée ou perdue et se sert, dans l’annonce, de mots indiquant que, si la chose est retournée, il ne sera posé aucune question;

b) se sert, dans une annonce publique, de mots indiquant qu’une récompense sera donnée ou payée pour toute chose volée ou perdue, sans que la personne qui la produit soit gênée ou soit soumise à une enquête;

c) promet ou offre, dans une annonce publique, de rembourser, à une personne qui a avancé de l’argent sous forme de prêt sur une chose volée ou perdue, ou qui a acheté une telle chose, la somme ainsi avancée ou payée ou toute autre somme d’argent pour la remise de cette chose;

d) imprime ou publie toute annonce mentionnée aux alinéas a), b) ou c).

S.R., ch. C-34, art. 131.

Évasion et délivrance de prisonniers Bris de prison

144. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, selon le cas :

a) par la force ou la violence, commet un bris de prison avec l’intention de recouvrer sa propre liberté ou de la rendre à une autre personne qui y est enfermée;

b) avec l’intention de s’évader, sort par effraction d’une cellule ou d’un autre endroit d’une prison où il est enfermé, ou y fait quelque brèche.

S.R., ch. C-34, art. 132; 1976-77, ch. 53, art. 5.

Personne qui s’évade ou qui est en liberté sans excuse

145. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans, ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, quiconque :

a) soit s’évade d’une garde légale;

b) soit, avant l’expiration d’une période d’emprisonnement à laquelle il a été condamné, est en liberté au Canada ou à l’étranger sans excuse légitime, dont la preuve lui incombe.

Omission de comparaître

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans, ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, quiconque :

a) soit, étant en liberté sur sa promesse remise à un juge de paix ou un juge ou son engagement contracté devant lui, omet, sans excuse légitime, dont la preuve lui incombe, d’être présent au tribunal en conformité avec cette promesse ou cet engagement;

b) soit, ayant déjà comparu devant un tribunal, un juge de paix ou un juge, omet, sans excuse légitime, dont la preuve lui incombe, d’être présent au tribunal comme l’exige le tribunal, le juge de paix ou le juge,

ou de se livrer en conformité avec une ordonnance du tribunal, du juge de paix ou du juge, selon le cas.

Omission de se conformer à une condition d’une promesse ou d’un engagement

(3) Quiconque, étant en liberté sur sa promesse remise ou son engagement contracté devant un juge de paix ou un juge et étant tenu de se conformer à une condition de cette promesse ou de cet engagement, ou étant tenu de se conformer à une ordonnance prise en vertu des paragraphes 515(12), 516(2) ou 522(2.1), omet, sans excuse légitime, dont la preuve lui incombe, de se conformer à cette condition ou ordonnance est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Omission de comparaître ou de se conformer à une sommation

(4) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque reçoit signification d’une sommation et omet, sans excuse légitime, dont la preuve lui incombe, de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels ou d’être présent au tribunal en conformité avec cette sommation.

Omission de comparaître ou de se conformer à une citation à comparaître ou à une promesse de comparaître

(5) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque est nommément désigné dans une citation à comparaître ou une promesse de comparaître ou dans un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix et qui a été confirmé par un juge de paix en vertu de l’article 508 et omet, sans excuse légitime, dont la preuve lui incombe, de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels, ou d’être présent au tribunal en conformité avec ce document.

Omission de se conformer à une condition d’une promesse de comparaître

(5.1) Quiconque omet, sans excuse légitime, dont la preuve lui incombe, de se conformer à une condition d’une promesse remise aux termes des paragraphes 499(2) ou 503(2.1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Idem

(6) Pour l’application du paragraphe (5), le fait qu’une citation à comparaître, une promesse de comparaître ou un engagement indiquent d’une manière imparfaite l’essentiel de l’infraction présumée, ne constitue pas une excuse légitime.

(7) [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 20]

Choix du poursuivant : Loi sur les contraventions

(8) Pour l’application des paragraphes (3) à (5), constitue une excuse légitime l’omission de se conformer à une condition d’une promesse ou d’un engagement ou l’omission de comparaître aux lieu et date indiqués dans une sommation, une citation à comparaître ou une promesse de comparaître pour l’application de la Loi sur l’identification des criminels si, avant cette omission, le procureur général, au sens de la Loi sur les contraventions, se prévaut du choix prévu à l’article 50 de cette loi.

Preuve de certains faits par certificat

(9) Dans les procédures prévues aux paragraphes (2), (4) ou (5), tout certificat dans lequel le greffier ou un juge du tribunal ou la personne responsable du lieu où le prévenu est présumé avoir omis de se présenter pour l’application de la Loi sur l’identification des criminels, déclare que ce dernier a omis :

a) dans le cas des procédures prévues au paragraphe (2), d’être présent au tribunal conformément à la promesse qu’il a remise ou à l’engagement qu’il a contracté devant un juge de paix ou un juge, ou, ayant déjà comparu devant le tribunal, d’être présent au tribunal comme l’exige le tribunal, le juge de paix ou le juge, ou de se livrer en conformité avec une ordonnance de celui-ci;

b) dans le cas des procédures prévues au paragraphe (4), d’être présent au tribunal conformément à la sommation qui lui a été délivrée et signifiée ou de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels;

c) dans le cas des procédures prévues au paragraphe (5), d’être présent au tribunal en conformité avec une citation à comparaître, une promesse de comparaître ou un engagement où il a été nommément désigné, contracté devant un fonctionnaire responsable ou un autre agent de la paix et confirmé par un juge de paix en vertu de l’article 508, ou de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels, ou, ayant déjà comparu devant le tribunal, d’être présent au tribunal comme l’exige le tribunal, le juge de paix ou le juge,

fait preuve des déclarations contenues dans le certificat sans qu’il soit nécessaire de prouver la signature ou la qualité officielle de la personne l’ayant apparemment signé.

Présence et droit à un contre-interrogatoire

(10) Le prévenu contre lequel est produit le certificat visé au paragraphe (9) peut, avec l’autorisation du tribunal, requérir la présence de son auteur pour le contre-interroger.

Avis de l’intention de produire

(11) L’admissibilité en preuve du certificat prévu au paragraphe (9) est subordonnée à la remise au prévenu, avant le procès, d’un avis raisonnable de l’intention qu’a une partie de le produire, ainsi que d’une copie de ce document.

L.R. (1985), ch. C-46, art. 145; L.R. (1985), ch. 27 (1er suppl.), art. 20; 1992, ch. 47, art. 68; 1994, ch. 44, art. 8; 1996, ch. 7, art. 38; 1997, ch. 18, art. 3; 2008, ch. 18, art. 3.

Version précédente

Permettre ou faciliter une évasion

146. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) permet à une personne légalement confiée à sa garde de s’évader, en omettant d’accomplir un devoir légal;

b) transporte ou fait transporter dans une prison quoi que ce soit, avec l’intention de faciliter l’évasion d’une personne y incarcérée;

c) ordonne ou obtient, sous le prétexte d’une prétendue autorisation, l’élargissement d’un prisonnier qui n’a pas droit d’être libéré.

S.R., ch. C-34, art. 134.

Délivrance illégale

147. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) délivre une personne d’une garde légale ou aide une personne à s’évader ou à tenter de s’évader d’une telle garde;

b) étant un agent de la paix, permet volontairement à une personne confiée à sa garde légale de s’évader;

c) étant fonctionnaire d’une prison ou y étant employé, permet volontairement à une personne de s’évader d’une garde légale dans cette prison.

S.R., ch. C-34, art. 135.

Fait d’aider un prisonnier de guerre à s’évader

148. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, sciemment et volontairement :

a) aide un prisonnier de guerre au Canada à s’évader d’un endroit où il est détenu;

b) aide un prisonnier de guerre, auquel il est permis d’être en liberté conditionnelle au Canada, à s’évader de l’endroit où il se trouve en liberté conditionnelle.

S.R., ch. C-34, art. 136.

Peine d’emprisonnement pour évasion

149. (1) Par dérogation à l’article 743.1, le tribunal qui déclare une personne coupable d’évasion commise alors qu’elle purgeait une peine d’emprisonnement peut ordonner que la peine soit purgée dans un pénitencier, même si la période à purger est inférieure à deux ans.

Définition de « évasion »

(2) Au présent article, « évasion » s’entend du bris de prison, du fait d’échapper à la garde légale ou, sans excuse légitime, de se trouver en liberté avant l’expiration de la période d’emprisonnement à laquelle une personne a été condamnée.

L.R. (1985), ch. C-46, art. 149; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1992, ch. 20, art. 199; 1995, ch. 22, art. 1.

PARTIE V

INFRACTIONS D’ORDRE SEXUEL, ACTES CONTRAIRES AUX BONNES MOEURS, INCONDUITE Définitions Définitions

150. Les définitions qui suivent s’appliquent à la présente partie.

« endroit public »

“public place”

« endroit public » Tout lieu auquel le public a accès de droit ou sur invitation, expresse ou implicite.

« théâtre »

“theatre”

« théâtre » Tout endroit ouvert au public, où se donnent des divertissements, que l’entrée y soit gratuite ou non.

« tuteur »

“guardian”

« tuteur » Toute personne qui a, en droit ou de fait, la garde ou le contrôle d’une autre personne.

S.R., ch. C-34, art. 138.

Infractions d’ordre sexuel Inadmissibilité du consentement du plaignant

150.1 (1) Sous réserve des paragraphes (2) à (2.2), lorsqu’une personne est accusée d’une infraction prévue aux articles 151 ou 152 ou aux paragraphes 153(1), 160(3) ou 173(2) ou d’une infraction prévue aux articles 271, 272 ou 273 à l’égard d’un plaignant âgé de moins de seize ans, ne constitue pas un moyen de défense le fait que le plaignant a consenti aux actes à l’origine de l’accusation.

Exception — plaignant âgé de 12 ou 13 ans

(2) Lorsqu’une personne est accusée d’une infraction prévue aux articles 151 ou 152, au paragraphe 173(2) ou à l’article 271 à l’égard d’un plaignant âgé de douze ans ou plus mais de moins de quatorze ans, le fait que le plaignant a consenti aux actes à l’origine de l’accusation constitue un moyen de défense si l’accusé, à la fois :

a) est de moins de deux ans l’aîné du plaignant;

b) n’est ni une personne en situation d’autorité ou de confiance vis-à-vis du plaigant ni une personne à l’égard de laquelle celui-ci est en situation de dépendance ni une personne qui est dans une relation où elle exploite le plaignant.

Exception — plaignant âgé de 14 ou 15 ans

(2.1) Lorsqu’une personne est accusée d’une infraction prévue aux articles 151 ou 152, au paragraphe 173(2) ou à l’article 271 à l’égard d’un plaignant âgé de quatorze ans ou plus mais de moins de seize ans, le fait que le plaignant a consenti aux actes à l’origine de l’accusation constitue un moyen de défense si l’une des conditions suivantes est remplie :

a) l’accusé, à la fois :

(i) est de moins de cinq ans l’aîné du plaignant,

(ii) n’est ni une personne en situation d’autorité ou de confiance vis-à-vis du plaignant ni une personne à l’égard de laquelle celui-ci est en situation de dépendance ni une personne qui est dans une relation où elle exploite le plaignant;

b) l’accusé est marié au plaignant.

Exception — régime transitoire

(2.2) Dans le cas où l’accusé visé au paragraphe (2.1) est de cinq ans ou plus l’aîné du plaignant, le fait que ce dernier a consenti aux actes à l’origine de l’accusation constitue un moyen de défense si, à la date d’entrée en vigueur du présent paragraphe :

a) d’une part, soit l’accusé est le conjoint de fait du plaignant, soit il vit dans une relation conjugale avec lui depuis moins d’un an et un enfant est né ou à naître de leur union;

b) d’autre part, l’accusé n’est ni une personne en situation d’autorité ou de confiance vis- à-vis du plaignant ni une personne à l’égard de laquelle celui-ci est en situation de dépendance ni une personne qui est dans une relation où elle exploite le plaignant.

Personne âgée de douze ou treize ans

(3) Une personne âgée de douze ou treize ans ne peut être jugée pour une infraction prévue aux articles 151 ou 152 ou au paragraphe 173(2) que si elle est en situation d’autorité ou de confiance vis-à-vis du plaignant, est une personne à l’égard de laquelle celui-ci est en situation de dépendance ou une personne qui est dans une relation où elle exploite le plaignant.

Inadmissibilité de l’erreur

(4) Le fait que l’accusé croyait que le plaignant était âgé de seize ans au moins au moment de la perpétration de l’infraction reprochée ne constitue un moyen de défense contre une accusation portée en vertu des articles 151 ou 152, des paragraphes 160(3) ou 173(2) ou des articles 271, 272 ou 273 que si l’accusé a pris toutes les mesures raisonnables pour s’assurer de l’âge du plaignant.

Idem

(5) Le fait que l’accusé croyait que le plaignant était âgé de dix-huit ans au moins au moment de la perpétration de l’infraction reprochée ne constitue un moyen de défense contre une accusation portée en vertu des articles 153, 159, 170, 171 ou 172 ou des paragraphes 212(2) ou (4) que si l’accusé a pris toutes les mesures raisonnables pour s’assurer de l’âge du plaignant.

Inadmissibilité de l’erreur

(6) L’accusé ne peut invoquer l’erreur sur l’âge du plaignant pour se prévaloir de la défense prévue aux paragraphes (2) ou (2.1) que s’il a pris toutes les mesures raisonnables pour s’assurer de l’âge de celui-ci.

L.R. (1985), ch. 19 (3e suppl.), art. 1; 2005, ch. 32, art. 2; 2008, ch. 6, art. 13 et 54.

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Contacts sexuels

151. Toute personne qui, à des fins d’ordre sexuel, touche directement ou indirectement, avec une partie de son corps ou avec un objet, une partie du corps d’un enfant âgé de moins de seize ans est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de quarante-cinq jours;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatorze jours.

L.R. (1985), ch. C-46, art. 151; L.R. (1985), ch. 19 (3e suppl.), art. 1; 2005, ch. 32, art. 3; 2008, ch. 6, art. 54.

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Incitation à des contacts sexuels

152. Toute personne qui, à des fins d’ordre sexuel, invite, engage ou incite un enfant âgé de moins de seize ans à la toucher, à se toucher ou à toucher un tiers, directement ou indirectement, avec une partie du corps ou avec un objet est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de quarante-cinq jours;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatorze jours.

L.R. (1985), ch. C-46, art. 152; L.R. (1985), ch. 19 (3e suppl.), art. 1; 2005, ch. 32, art. 3; 2008, ch. 6, art. 54.

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Exploitation sexuelle

153. (1) Commet une infraction toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’un adolescent, à l’égard de laquelle l’adolescent est en situation de dépendance ou qui est dans une relation où elle exploite l’adolescent et qui, selon le cas :

a) à des fins d’ordre sexuel, touche, directement ou indirectement, avec une partie de son corps ou avec un objet, une partie du corps de l’adolescent;

b) à des fins d’ordre sexuel, invite, engage ou incite un adolescent à la toucher, à se toucher ou à toucher un tiers, directement ou indirectement, avec une partie du corps ou avec un objet.

Peine

(1.1) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de quarante-cinq jours;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatorze jours.

Déduction

(1.2) Le juge peut déduire de la nature de la relation entre la personne et l’adolescent et des circonstances qui l’entourent, notamment des éléments ci-après, que celle-ci est dans une relation où elle exploite l’adolescent :

a) l’âge de l’adolescent;

b) la différence d’âge entre la personne et l’adolescent;

c) l’évolution de leur relation;

d) l’emprise ou l’influence de la personne sur l’adolescent.

Définition de « adolescent »

(2) Pour l’application du présent article, « adolescent » s’entend d’une personne âgée de seize ans au moins mais de moins de dix-huit ans.

L.R. (1985), ch. C-46, art. 153; L.R. (1985), ch. 19 (3e suppl.), art. 1; 2005, ch. 32, art. 4; 2008, ch. 6, art. 54.

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Personnes en situation d’autorité

153.1 (1) Est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celle-ci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une partie du corps ou avec un objet.

Définition de « consentement »

(2) Sous réserve du paragraphe (3), le consentement consiste, pour l’application du présent article, en l’accord volontaire du plaignant à l’activité sexuelle.

Restriction de la notion de consentement

(3) Le consentement du plaignant ne se déduit pas, pour l’application du présent article, des cas où :

a) l’accord est manifesté par des paroles ou par le comportement d’un tiers;

b) il est incapable de le former;

c) l’accusé l’engage ou l’incite à l’activité par abus de confiance ou de pouvoir;

d) il manifeste, par ses paroles ou son comportement, l’absence d’accord à l’activité;

e) après avoir consenti à l’activité, il manifeste, par ses paroles ou son comportement, l’absence d’accord à la poursuite de celle-ci.

Précision

(4) Le paragraphe (3) n’a pas pour effet de limiter les circonstances dans lesquelles le consentement ne peut se déduire.

Exclusion du moyen de défense fondé sur la croyance au consentement

(5) Ne constitue pas un moyen de défense contre une accusation fondée sur le présent article le fait que l’accusé croyait que le plaignant avait consenti à l’activité à l’origine de l’accusation lorsque, selon le cas :

a) cette croyance provient :

(i) soit de l’affaiblissement volontaire de ses facultés,

(ii) soit de son insouciance ou d’un aveuglement volontaire;

b) il n’a pas pris les mesures raisonnables, dans les circonstances dont il avait alors connaissance, pour s’assurer du consentement.

Croyance de l’accusé quant au consentement

(6) Lorsque l’accusé allègue qu’il croyait que le plaignant avait consenti aux actes sur lesquels l’accusation est fondée, le juge, s’il est convaincu qu’il y a une preuve suffisante et que cette preuve constituerait une défense si elle était acceptée par le jury, demande à ce dernier de prendre en considération, en évaluant l’ensemble de la preuve qui concerne la détermination de la sincérité de la croyance de l’accusé, la présence ou l’absence de motifs raisonnables pour celle-ci.

1998, ch. 9, art. 2.

154. [Abrogé, L.R. (1985), ch. 19 (3e suppl.), art. 1]

Inceste

155. (1) Commet un inceste quiconque, sachant qu’une autre personne est, par les liens du sang, son père ou sa mère, son enfant, son frère, sa soeur, son grand-père, sa grand­ mère, son petit-fils ou sa petite-fille, selon le cas, a des rapports sexuels avec cette personne.

Peine

(2) Quiconque commet un inceste est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

Contrainte

(3) Nul ne doit être déclaré coupable d’une infraction au présent article si, au moment où les rapports sexuels ont eu lieu, il a agi par contrainte, violence ou crainte émanant de la personne avec qui il a eu ces rapports sexuels.

Définition de « frère » et « soeur »

(4) Au présent article, « frère » et « soeur » s’entendent notamment d’un demi-frère et d’une demi-soeur.

L.R. (1985), ch. C-46, art. 155; L.R. (1985), ch. 27 (1er suppl.), art. 21.

156. à 158. [Abrogés, L.R. (1985), ch. 19 (3e suppl.), art. 2]

Relations sexuelles anales

159. (1) Quiconque a des relations sexuelles anales avec une autre personne est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Exceptions

(2) Le paragraphe (1) ne s’applique pas aux actes commis, avec leur consentement respectif, dans l’intimité par les époux ou par deux personnes âgées d’au moins dix-huit ans.

Idem

(3) Les règles suivantes s’appliquent au paragraphe (2) :

a) un acte est réputé ne pas avoir été commis dans l’intimité s’il est commis dans un endroit public ou si plus de deux personnes y prennent part ou y assistent;

b) une personne est réputée ne pas consentir à commettre un acte dans les cas suivants :

(i) le consentement est extorqué par la force, la menace ou la crainte de lésions corporelles, ou est obtenu au moyen de déclarations fausses ou trompeuses quant à la nature ou à la qualité de l’acte,

(ii) le tribunal est convaincu hors de tout doute raisonnable qu’il ne pouvait y avoir consentement de la part de cette personne du fait de son incapacité mentale.

L.R. (1985), ch. C-46, art. 159; L.R. (1985), ch. 19 (3e suppl.), art. 3.

Bestialité

160. (1) Est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, quiconque commet un acte de bestialité.

Usage de la force

(2) Est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, toute personne qui en force une autre à commettre un acte de bestialité.

Bestialité en présence d’enfants ou incitation de ceux-ci

(3) Par dérogation au paragraphe (1), est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, toute personne qui commet un acte de bestialité en présence d’un enfant âgé de moins de seize ans ou qui incite celui-ci à en commettre un.

L.R. (1985), ch. C-46, art. 160; L.R. (1985), ch. 19 (3e suppl.), art. 3; 2008, ch. 6, art. 54.

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Ordonnance d’interdiction

161. (1) Dans le cas où un contrevenant est déclaré coupable, ou absous en vertu de l’article 730 aux conditions prévues dans une ordonnance de probation, d’une infraction mentionnée au paragraphe (1.1) à l’égard d’une personne âgée de moins de seize ans, le tribunal qui lui inflige une peine ou ordonne son absolution, en plus de toute autre peine ou de toute autre condition de l’ordonnance d’absolution applicables en l’espèce, sous réserve des conditions ou exemptions qu’il indique, peut interdire au contrevenant :

a) de se trouver dans un parc public ou une zone publique où l’on peut se baigner s’il y a des personnes âgées de moins de seize ans ou s’il est raisonnable de s’attendre à ce qu’il y en ait, une garderie, un terrain d’école, un terrain de jeu ou un centre communautaire;

b) de chercher, d’accepter ou de garder un emploi — rémunéré ou non — ou un travail bénévole qui le placerait en relation de confiance ou d’autorité vis-à-vis de personnes âgées de moins de seize ans;

c) d’utiliser un ordinateur au sens du paragraphe 342.1(2) dans le but de communiquer avec une personne âgée de moins de seize ans.

Le tribunal doit dans tous les cas considérer l’opportunité de rendre une telle ordonnance.

Infractions

(1.1) Les infractions visées par le paragraphe (1) sont les suivantes :

a) les infractions prévues aux articles 151, 152, 155 ou 159, aux paragraphes 160(2) ou (3), aux articles 163.1, 170, 171 ou 172.1, au paragraphe 173(2) ou aux articles 271, 272, 273 ou 281;

b) les infractions prévues aux articles 144 (viol), 145 (tentative de viol), 149 (attentat à la pudeur d’une personne de sexe féminin), 156 (attentat à la pudeur d’une personne de sexe masculin) ou 245 (voies de fait ou attaque) ou au paragraphe 246(1) (voies de fait avec intention) du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version antérieure au 4 janvier 1983;

c) les infractions prévues au paragraphe 146(1) (rapports sexuels avec une personne de sexe féminin âgée de moins de 14 ans) ou aux articles 153 (rapports sexuels avec sa belle-fille), 155 (sodomie ou bestialité), 157 (grossière indécence), 166 (père, mère ou tuteur qui cause le déflorement) ou 167 (maître de maison qui permet le déflorement) du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version antérieure au 1er janvier 1988.

Durée de l’interdiction

(2) L’interdiction peut être perpétuelle ou pour la période que le tribunal juge souhaitable, auquel cas elle prend effet à la date de l’ordonnance ou, dans le cas où le contrevenant est condamné à une peine d’emprisonnement, à celle de sa mise en liberté à l’égard de cette infraction, y compris par libération conditionnelle ou d’office, ou sous surveillance obligatoire.

Modification de l’ordonnance

(3) Le tribunal qui rend l’ordonnance ou, s’il est pour quelque raison dans l’impossibilité d’agir, tout autre tribunal ayant une juridiction équivalente dans la même province peut, à tout moment, sur demande du poursuivant ou du contrevenant, requérir ce dernier de comparaître devant lui et, après audition des parties, modifier les conditions prescrites dans l’ordonnance si, à son avis, cela est souhaitable en raison d’un changement de circonstances depuis que les conditions ont été prescrites.

Infraction

(4) Quiconque ne se conforme pas à l’ordonnance est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 161; L.R. (1985), ch. 19 (3e suppl.), art. 4; 1993, ch. 45, art. 1; 1995, ch. 22, art. 18; 1997, ch. 18, art. 4; 1999, ch. 31, art. 67; 2002, ch. 13, art. 4; 2005, ch. 32, art. 5; 2008, ch. 6, art. 54.

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Voyeurisme

162. (1) Commet une infraction quiconque, subrepticement, observe, notamment par des moyens mécaniques ou électroniques, une personne — ou produit un enregistrement visuel d’une personne — se trouvant dans des circonstances pour lesquelles il existe une attente raisonnable de protection en matière de vie privée, dans l’un des cas suivants :

a) la personne est dans un lieu où il est raisonnable de s’attendre à ce qu’une personne soit nue, expose ses seins, ses organes génitaux ou sa région anale ou se livre à une activité sexuelle explicite;

b) la personne est nue, expose ses seins, ses organes génitaux ou sa région anale ou se livre à une activité sexuelle explicite, et l’observation ou l’enregistrement est fait dans le dessein d’ainsi observer ou enregistrer une personne;

c) l’observation ou l’enregistrement est fait dans un but sexuel.

Définition de « enregistrement visuel »

(2) Au présent article, « enregistrement visuel » s’entend d’un enregistrement photographique, filmé, vidéo ou autre, réalisé par tout moyen.

Exemption

(3) Les alinéas (1)a) et b) ne s’appliquent pas aux agents de la paix qui exercent les activités qui y sont visées dans le cadre d’un mandat décerné en vertu de l’article 487.01.

Impression, publication, etc. de matériel voyeuriste

(4) Commet une infraction quiconque imprime, copie, publie, distribue, met en circulation, vend ou rend accessible un enregistrement ou en fait la publicité, ou l’a en sa possession en vue de l’imprimer, de le copier, de le publier, de le distribuer, de le mettre en circulation, de le vendre, de le rendre accessible ou d’en faire la publicité, sachant qu’il a été obtenu par la perpétration de l’infraction prévue au paragraphe (1).

Peines

(5) Quiconque commet une infraction prévue aux paragraphes (1) ou (4) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Moyen de défense

(6) Nul ne peut être déclaré coupable d’une infraction visée au présent article si les actes qui constitueraient l’infraction ont servi le bien public et n’ont pas outrepassé ce qui a servi celui-ci.

Question de fait et de droit et motifs

(7) Pour l’application du paragraphe (6) :

a) la question de savoir si un acte a servi le bien public et s’il y a preuve que l’acte reproché a outrepassé ce qui a servi le bien public est une question de droit, mais celle de savoir si l’acte a ou n’a pas outrepassé ce qui a servi le bien public est une question de fait;

b) les motifs du prévenu ne sont pas pertinents.

L.R. (1985), ch. C-46, art. 162; L.R. (1985), ch. 19 (3e suppl.), art. 4; 2005, ch. 32, art. 6.

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Infractions tendant à corrompre les moeurs Corruption des moeurs

163. (1) Commet une infraction quiconque, selon le cas :

a) produit, imprime, publie, distribue, met en circulation, ou a en sa possession aux fins de publier, distribuer ou mettre en circulation, quelque écrit, image, modèle, disque de phonographe ou autre chose obscène;

b) produit, imprime, publie, distribue, vend, ou a en sa possession aux fins de publier, distribuer ou mettre en circulation, une histoire illustrée de crime.

Idem

(2) Commet une infraction quiconque, sciemment et sans justification ni excuse légitime, selon le cas :

a) vend, expose à la vue du public, ou a en sa possession à une telle fin, quelque écrit, image, modèle, disque de phonographe ou autre chose obscène;

b) publiquement expose un objet révoltant ou montre un spectacle indécent;

c) offre en vente, annonce ou a, pour le vendre ou en disposer, quelque moyen, indication, médicament, drogue ou article destiné à provoquer un avortement ou une fausse couche, ou représenté comme un moyen de provoquer un avortement ou une fausse couche, ou fait paraître une telle annonce;

d) annonce quelque moyen, indication, médicament, drogue ou article ayant pour objet, ou représenté comme un moyen de rétablir la virilité sexuelle, ou de guérir des maladies vénériennes ou maladies des organes génitaux, ou en publie une annonce.

Moyen de défense fondé sur le bien public

(3) Nul ne peut être déclaré coupable d’une infraction visée au présent article si les actes qui constitueraient l’infraction ont servi le bien public et n’ont pas outrepassé ce qui a servi celui-ci.

Question de droit et question de fait

(4) Pour l’application du présent article, la question de savoir si un acte a servi le bien public et s’il y a preuve que l’acte allégué a outrepassé ce qui a servi le bien public est une question de droit, mais celle de savoir si les actes ont ou n’ont pas outrepassé ce qui a servi le bien public est une question de fait.

Motifs non pertinents

(5) Pour l’application du présent article, les motifs d’un prévenu ne sont pas pertinents.

(6) [Abrogé, 1993, ch. 46, art. 1]

Définition de « histoire illustrée de crime »

(7) Au présent article, « histoire illustrée de crime » s’entend d’un magazine, périodique ou livre comprenant, exclusivement ou pour une grande part, de la matière qui représente, au moyen d’illustrations :

a) soit la perpétration de crimes, réels ou fictifs;

b) soit des événements se rattachant à la perpétration de crimes, réels ou fictifs, qui ont lieu avant ou après la perpétration du crime.

Publication obscène

(8) Pour l’application de la présente loi, est réputée obscène toute publication dont une caractéristique dominante est l’exploitation indue des choses sexuelles, ou de choses sexuelles et de l’un ou plusieurs des sujets suivants, savoir : le crime, l’horreur, la cruauté et la violence.

L.R. (1985), ch. C-46, art. 163; 1993, ch. 46, art. 1.

Définition de « pornographie juvénile »

163.1 (1) Au présent article, « pornographie juvénile » s’entend, selon le cas :

a) de toute représentation photographique, filmée, vidéo ou autre, réalisée ou non par des moyens mécaniques ou électroniques :

(i) soit où figure une personne âgée de moins de dix-huit ans ou présentée comme telle et se livrant ou présentée comme se livrant à une activité sexuelle explicite,

(ii) soit dont la caractéristique dominante est la représentation, dans un but sexuel, d’organes sexuels ou de la région anale d’une personne âgée de moins de dix-huit ans;

b) de tout écrit, de toute représentation ou de tout enregistrement sonore qui préconise ou conseille une activité sexuelle avec une personne âgée de moins de dix-huit ans qui constituerait une infraction à la présente loi;

c) de tout écrit dont la caractéristique dominante est la description, dans un but sexuel, d’une activité sexuelle avec une personne âgée de moins de dix-huit ans qui constituerait une infraction à la présente loi;

d) de tout enregistrement sonore dont la caractéristique dominante est la description, la présentation ou la simulation, dans un but sexuel, d’une activité sexuelle avec une personne âgée de moins de dix-huit ans qui constituerait une infraction à la présente loi.

Production de pornographie juvénile

(2) Quiconque produit, imprime ou publie, ou a en sa possession en vue de la publication, de la pornographie juvénile est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatre-vingt-dix jours.

Distribution de pornographie juvénile

(3) Quiconque transmet, rend accessible, distribue, vend, importe ou exporte de la pornographie juvénile ou en fait la publicité, ou en a en sa possession en vue de la transmettre, de la rendre accessible, de la distribuer, de la vendre, de l’exporter ou d’en faire la publicité, est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, la peine minimale étant de un an;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatre-vingt-dix jours.

Possession de pornographie juvénile

(4) Quiconque a en sa possession de la pornographie juvénile est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans, la peine minimale étant de quarante-cinq jours;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatorze jours.

Accès à la pornographie juvénile

(4.1) Quiconque accède à de la pornographie juvénile est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans, la peine minimale étant de quarante-cinq jours;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois, la peine minimale étant de quatorze jours.

Interprétation

(4.2) Pour l’application du paragraphe (4.1), accède à de la pornographie juvénile quiconque, sciemment, agit de manière à en regarder ou fait en sorte que lui en soit transmise.

Circonstance aggravante

(4.3) Le tribunal qui détermine la peine à infliger à une personne déclarée coupable d’infraction au présent article est tenu de considérer comme circonstance aggravante le fait que cette personne a commis l’infraction dans le dessein de réaliser un profit.

Moyen de défense

(5) Le fait pour l’accusé de croire qu’une personne figurant dans une représentation qui constituerait de la pornographie juvénile était âgée d’au moins dix-huit ans ou était présentée comme telle ne constitue un moyen de défense contre une accusation portée sous le régime du paragraphe (2) que s’il a pris toutes les mesures raisonnables, d’une part, pour s’assurer qu’elle avait bien cet âge et, d’autre part, pour veiller à ce qu’elle ne soit pas présentée comme une personne de moins de dix-huit ans.

Moyen de défense

(6) Nul ne peut être déclaré coupable d’une infraction au présent article si les actes qui constitueraient l’infraction :

a) ont un but légitime lié à l’administration de la justice, à la science, à la médecine, à l’éducation ou aux arts;

b) ne posent pas de risque indu pour les personnes âgées de moins de dix-huit ans.

Question de droit

(7) Il est entendu, pour l’application du présent article, que la question de savoir si un écrit, une représentation ou un enregistrement sonore préconise ou conseille une activité sexuelle avec une personne âgée de moins de dix-huit ans qui constituerait une infraction à la présente loi constitue une question de droit.

1993, ch. 46, art. 2; 2002, ch. 13, art. 5; 2005, ch. 32, art. 7.

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Mandat de saisie

164. (1) Le juge peut décerner, sous son seing, un mandat autorisant la saisie des exemplaires d’une publication ou des copies d’une représentation, d’un écrit ou d’un enregistrement s’il est convaincu, par une dénonciation sous serment, qu’il existe des motifs raisonnables de croire :

a) soit que la publication, dont des exemplaires sont tenus, pour vente ou distribution, dans un local du ressort du tribunal, est obscène ou est une histoire illustrée de crime au sens de l’article 163;

b) soit que la représentation, l’écrit ou l’enregistrement, dont des copies sont tenues dans un local du ressort du tribunal, constitue de la pornographie juvénile au sens de l’article 163.1;

c) soit que l’enregistrement, dont des copies sont tenues, pour vente ou distribution, dans un local du ressort du tribunal, constitue un enregistrement voyeuriste.

Sommation à l’occupant

(2) Dans un délai de sept jours après l’émission du mandat, le juge doit lancer une sommation contre l’occupant du local, astreignant cet occupant à comparaître devant le tribunal et à présenter les raisons pour lesquelles la matière saisie ne devrait pas être confisquée au profit de Sa Majesté.

Le propriétaire et l’auteur peuvent comparaître

(3) Le propriétaire ainsi que l’auteur de la matière saisie dont on prétend qu’elle est obscène ou une histoire illustrée de crime, ou qu’elle constitue de la pornographie juvénile ou un enregistrement voyeuriste, peuvent comparaître et être représentés dans les

procédures pour s’opposer à l’établissement d’une ordonnance portant confiscation de cette matière.

Ordonnance de confiscation

(4) Si le tribunal est convaincu, selon la prépondérance des probabilités, que la matière est obscène ou une histoire illustrée de crime, ou constitue de la pornographie juvénile ou un enregistrement voyeuriste, il peut rendre une ordonnance la déclarant confisquée au profit de Sa Majesté du chef de la province où les procédures ont lieu, pour qu’il en soit disposé conformément aux instructions du procureur général.

Sort de la matière

(5) Si le tribunal n’est pas convaincu que la publication, la représentation, l’écrit ou l’enregistrement est obscène ou une histoire illustrée de crime, ou constitue de la pornographie juvénile ou un enregistrement voyeuriste, il doit ordonner que la matière soit remise à la personne de laquelle elle a été saisie, dès l’expiration du délai imparti pour un appel final.

Appel

(6) Il peut être interjeté appel d’une ordonnance rendue selon les paragraphes (4) ou (5) par toute personne qui a comparu dans les procédures :

a) pour tout motif d’appel comportant une question de droit seulement;

b) pour tout motif d’appel comportant une question de fait seulement;

c) pour tout motif d’appel comportant une question de droit et de fait,

comme s’il s’agissait d’un appel contre une déclaration de culpabilité ou contre un jugement ou verdict d’acquittement, selon le cas, sur une question de droit seulement en vertu de la partie XXI, et les articles 673 à 696 s’appliquent, compte tenu des adaptations de circonstance.

Consentement

(7) Dans le cas où un juge a rendu une ordonnance, en vertu du présent article, dans une province relativement à un ou plusieurs exemplaires d’une publication ou à une ou plusieurs copies d’une représentation, d’un écrit ou d’un enregistrement, aucune poursuite ne peut être intentée ni continuée dans cette province aux termes des articles 162, 163 ou 163.1 en ce qui concerne ces exemplaires ou d’autres exemplaires de la même publication, ou ces copies ou d’autres copies de la même représentation, du même écrit ou du même enregistrement, sans le consentement du procureur général.

Définitions

(8) Les définitions qui suivent s’appliquent au présent article.

« enregistrement voyeuriste »

“voyeuristic recording”

« enregistrement voyeuriste » Enregistrement visuel — au sens du paragraphe 162(2) — obtenu dans les circonstances visées au paragraphe 162(1).

« histoire illustrée de crime »

“crime comic”

« histoire illustrée de crime » A le sens que lui donne l’article 163.

« juge »

“judge”

« juge » Juge d’un tribunal.

« tribunal »

“court”

« tribunal »

a) Dans la province de Québec, la Cour du Québec, la Cour municipale de Montréal et la Cour municipale de Québec;

a.1) dans la province d’Ontario, la Cour supérieure de justice;

b) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, la Cour du Banc de la Reine;

c) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, la Section de première instance de la Cour suprême;

c.1) [Abrogé, 1992, ch. 51, art. 34]

d) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, au Yukon et dans les Territoires du Nord-Ouest, la Cour suprême;

e) au Nunavut, la Cour de justice.

L.R. (1985), ch. C-46, art. 164; L.R. (1985), ch. 27 (2e suppl.), art. 10, ch. 40 (4e suppl.), art. 2; 1990, ch. 16, art. 3, ch. 17, art. 9; 1992, ch. 1, art. 58, ch. 51, art. 34; 1993, ch. 46, art. 3; 1997, ch. 18, art. 5; 1998, ch. 30, art. 14; 1999, ch. 3, art. 27; 2002, ch. 7, art. 139, ch. 13, art. 6; 2005, ch. 32, art. 8.

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Mandat de saisie

164.1 (1) Le juge peut, s’il est convaincu par une dénonciation sous serment qu’il y a des motifs raisonnables de croire qu’il existe une matière — constituant de la pornographie juvénile au sens de l’article 163.1, un enregistrement voyeuriste au sens du paragraphe 164(8) ou des données au sens du paragraphe 342.1(2) rendant la pornographie juvénile ou l’enregistrement voyeuriste accessible — qui est emmagasinée et rendue accessible au moyen d’un ordinateur au sens de ce paragraphe, situé dans le ressort du tribunal, ordonner au gardien de l’ordinateur :

a) de remettre une copie électronique de la matière au tribunal;

b) de s’assurer que la matière n’est plus emmagasinée ni accessible au moyen de l’ordinateur;

c) de fournir les renseignements nécessaires pour identifier et trouver la personne qui a affiché la matière.

Avis à la personne qui a affiché la matière

(2) Dans un délai raisonnable après la réception des renseignements visés à l’alinéa (1)c), le juge fait donner un avis à la personne qui a affiché la matière, donnant à celle-ci l’occasion de comparaître et d’être représentée devant le tribunal et de présenter les raisons pour lesquelles la matière ne devrait pas être effacée. Si la personne ne peut être identifiée ou trouvée ou ne réside pas au Canada, le juge peut ordonner au gardien de l’ordinateur d’afficher le texte de l’avis à l’endroit où la matière était emmagasinée et rendue accessible, jusqu’à la date de comparution de la personne.

Personne qui a affiché la matière : comparution

(3) La personne qui a affiché la matière peut comparaître et être représentée dans les procédures pour s’opposer à l’établissement d’une ordonnance en vertu du paragraphe (5).

Personne qui a affiché la matière : non comparution

(4) Lorsque la personne qui a affiché la matière ne comparaît pas, le tribunal peut procéder ex parte à l’audition et à la décision des procédures, en l’absence de cette personne, aussi complètement et effectivement que si elle avait comparu.

Ordonnance

(5) Si le tribunal est convaincu, selon la prépondérance des probabilités, que la matière constitue de la pornographie juvénile au sens de l’article 163.1, un enregistrement voyeuriste au sens du paragraphe 164(8) ou des données au sens du paragraphe 342.1(2) qui rendent la pornographie juvénile ou l’enregistrement voyeuriste accessible, il peut ordonner au gardien de l’ordinateur de l’effacer.

Destruction de la copie électronique

(6) Au moment de rendre une ordonnance en vertu du paragraphe (5), le tribunal peut ordonner la destruction de la copie électronique qu’il possède.

Sort de la matière

(7) Si le tribunal n’est pas convaincu que la matière constitue de la pornographie juvénile au sens de l’article 163.1, un enregistrement voyeuriste au sens du paragraphe 164(8) ou des données au sens du paragraphe 342.1(2) qui rendent la pornographie juvénile ou l’enregistrement voyeuriste accessible, il doit ordonner que la copie électronique soit remise au gardien de l’ordinateur et mettre fin à l’ordonnance visée à l’alinéa (1)b).

Application d’autres dispositions

(8) Les paragraphes 164(6) à (8) s’appliquent, avec les adaptations nécessaires, au présent article.

Ordonnance en vigueur

(9) L’ordonnance rendue en vertu de l’un des paragraphes (5) à (7) n’est pas en vigueur avant l’expiration du délai imparti pour un appel final.

2002, ch. 13, art. 7; 2005, ch. 32, art. 9.

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Confiscation lors de la déclaration de culpabilité

164.2 (1) Le tribunal qui déclare une personne coupable d’une infraction visée aux articles 163.1 ou 172.1 peut ordonner sur demande du procureur général, outre toute autre peine, la confiscation au profit de Sa Majesté d’un bien, autre qu’un bien immeuble, dont il est convaincu, selon la prépondérance des probabilités :

a) qu’il a été utilisé pour commettre l’infraction;

b) qu’il appartient :

(i) à la personne déclarée coupable ou à une personne qui a participé à l’infraction,

(ii) à une personne qui l’a obtenu d’une personne visée au sous-alinéa (i) dans des circonstances qui permettent raisonnablement d’induire que l’opération a été effectuée en vue d’éviter la confiscation.

L’ordonnance prévoit qu’il est disposé du bien selon les instructions du procureur général.

Protection des tiers — avis

(2) Avant de rendre une ordonnance en vertu du paragraphe (1), le tribunal doit exiger qu’un avis soit donné à toutes les personnes qui, à son avis, ont un droit sur le bien; il peut les entendre et déclarer la nature et l’étendue de leur droit.

Droit d’appel — tiers

(3) La personne qui a reçu un avis en vertu du paragraphe (2) et qui a été entendue peut interjeter appel à la cour d’appel d’une ordonnance rendue en vertu du paragraphe (1).

Droit d’appel — procureur général

(4) Le procureur général à qui a été refusée une ordonnance de confiscation demandée en vertu du paragraphe (1) peut interjeter appel du refus à la cour d’appel.

Application de la partie XXI

(5) Les dispositions de la partie XXI qui traitent des règles de procédure en matière d’appel s’appliquent aux appels interjetés en vertu des paragraphes (3) et (4), avec les adaptations nécessaires.

2002, ch. 13, art. 7; 2008, ch. 18, art. 4.

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Demandes des tiers intéressés

164.3 (1) Dans les trente jours suivant une ordonnance de confiscation, toute personne qui prétend avoir un droit sur un bien confisqué peut demander par écrit à un juge de rendre en sa faveur une ordonnance en vertu du paragraphe (4).

Date d’audition

(2) Le juge fixe la date de l’audition de la demande qui ne peut avoir lieu moins de trente jours après le dépôt de celle-ci.

Avis

(3) Le demandeur fait signifier un avis de sa demande et de la date d’audition au procureur général au moins quinze jours avant celle-ci.

Ordonnance de restitution

(4) Le juge peut rendre une ordonnance portant que le droit du demandeur sur le bien n’est pas modifié par la confiscation et déclarant la nature et l’étendue de ce droit, s’il est convaincu que celui-ci :

a) n’a pas participé à l’infraction;

b) n’a pas obtenu le bien d’une personne qui a participé à l’infraction dans des circonstances qui permettent raisonnablement d’induire que l’opération a été effectuée en vue d’éviter la confiscation.

Appel

(5) La personne visée au paragraphe (4) ou le procureur général peut interjeter appel à la cour d’appel d’une ordonnance rendue en vertu de ce paragraphe et, le cas échéant, les dispositions de la partie XXI qui traitent des règles de procédure en matière d’appel s’appliquent, avec les adaptations nécessaires.

Pouvoirs du procureur général — restitution

(6) Le procureur général est tenu, à la demande d’une personne qui a obtenu une ordonnance en vertu du paragraphe (4) et lorsque les délais d’appel sont expirés et que tout appel interjeté en vertu du paragraphe (5) a fait l’objet d’une décision définitive :

a) soit d’ordonner que le bien sur lequel porte le droit du demandeur lui soit restitué;

b) soit d’ordonner qu’une somme égale à la valeur du droit du demandeur, telle qu’il appert de l’ordonnance, lui soit remise.

2002, ch. 13, art. 7.

Vente spéciale conditionnée

165. Commet une infraction quiconque refuse de vendre ou fournir à toute autre personne des exemplaires d’une publication, pour la seule raison que cette personne refuse d’acheter ou d’acquérir de lui des exemplaires d’une autre publication qu’elle peut, dans son appréhension, considérer comme obscène ou comme histoire illustrée de crime.

S.R., ch. C-34, art. 161.

166. [Abrogé, 1994, ch. 44, art. 9]

Représentation théâtrale immorale

167. (1) Commet une infraction quiconque, étant le locataire, gérant ou agent d’un théâtre, ou en ayant la charge, y présente ou donne, ou permet qu’y soit présenté ou donné, une représentation, un spectacle ou un divertissement immoral, indécent ou obscène.

Participant

(2) Commet une infraction quiconque participe comme acteur ou exécutant, ou aide en n’importe quelle qualité, à une représentation, à un spectacle ou à un divertissement immoral, indécent ou obscène, ou y figure de la sorte, dans un théâtre.

S.R., ch. C-34, art. 163.

Mise à la poste de choses obscènes

168. (1) Commet une infraction quiconque se sert de la poste pour transmettre ou livrer quelque chose d’obscène, indécent, immoral ou injurieux et grossier.

Exceptions

(2) Le paragraphe (1) ne s’applique pas à la personne qui, selon le cas :

a) imprime ou publie une matière destinée à être employée relativement à des procédures judiciaires ou la communique à des personnes qui sont intéressées dans les procédures;

b) imprime ou publie un avis ou un rapport en conformité avec les instructions d’un tribunal;

c) imprime ou publie une matière :

(i) soit dans un volume ou une partie d’une série authentique de rapports judiciaires qui ne font partie d’aucune autre publication et consiste exclusivement dans des procédures devant les tribunaux,

(ii) soit dans une publication de caractère technique destinée à circuler parmi les gens de loi ou les médecins.

L.R. (1985), ch. C-46, art. 168; 1999, ch. 5, art. 2.

Peine

169. Quiconque commet une infraction visée par l’article 163, 165, 167 ou 168 est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 169; 1999, ch. 5, art. 3.

Père, mère ou tuteur qui sert d’entremetteur

170. Le père, la mère ou le tuteur qui amène son enfant ou son pupille à commettre des actes sexuels interdits par la présente loi avec un tiers est coupable d’un acte criminel et passible :

a) d’un emprisonnement maximal de cinq ans si l’enfant ou le pupille est âgé de moins de seize ans, la peine minimale étant de six mois;

b) d’un emprisonnement maximal de deux ans s’il est âgé de seize ans ou plus mais de moins de dix-huit ans, la peine minimale étant de quarante-cinq jours.

L.R. (1985), ch. C-46, art. 170; L.R. (1985), ch. 19 (3e suppl.), art. 5; 2005, ch. 32, art. 9.1; 2008, ch. 6, art. 54.

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Maître de maison qui permet des actes sexuels interdits

171. Le propriétaire, l’occupant, le gérant, l’aide-gérant ou tout autre responsable de l’accès ou de l’utilisation d’un lieu qui sciemment permet qu’une personne âgée de moins de dix-huit ans fréquente ce lieu ou s’y trouve dans l’intention de commettre des actes sexuels interdits par la présente loi est coupable d’un acte criminel et passible :

a) d’un emprisonnement maximal de cinq ans si la personne en question est âgée de moins de seize ans, la peine minimale étant de six mois;

b) d’un emprisonnement maximal de deux ans si elle est âgée de seize ans ou plus mais de moins de dix-huit ans, la peine minimale étant de quarante-cinq jours.

L.R. (1985), ch. C-46, art. 171; L.R. (1985), ch. 19 (3e suppl.), art. 5; 2005, ch. 32, art. 9.1; 2008, ch. 6, art. 54.

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Corruption d’enfants

172. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, là où demeure un enfant, participe à un adultère ou à une immoralité sexuelle, ou se livre à une ivrognerie habituelle ou à toute autre forme de vice, et par là met en danger les moeurs de l’enfant ou rend la demeure impropre à la présence de l’enfant.

(2) [Abrogé, L.R. (1985), ch. 19 (3e suppl.), art. 6]

Définition de « enfant »

(3) Pour l’application du présent article, « enfant » désigne une personne qui est ou paraît être âgée de moins de dix-huit ans.

Qui peut intenter une poursuite

(4) Aucune poursuite ne peut être intentée sous le régime du paragraphe (1) sans le consentement du procureur général, à moins qu’elle ne soit intentée par une société reconnue pour la protection de l’enfance, ou sur son instance, ou par un fonctionnaire d’un tribunal pour enfants.

L.R. (1985), ch. C-46, art. 172; L.R. (1985), ch. 19 (3e suppl.), art. 6.

Leurre

172.1 (1) Commet une infraction quiconque communique au moyen d’un ordinateur au sens du paragraphe 342.1(2) avec :

a) une personne âgée de moins de dix-huit ans ou qu’il croit telle, en vue de faciliter la perpétration à son égard d’une infraction visée au paragraphe 153(1), aux articles 155 ou 163.1, aux paragraphes 212(1) ou (4) ou aux articles 271, 272 ou 273;

b) une personne âgée de moins de seize ans ou qu’il croit telle, en vue de faciliter la perpétration à son égard d’une infraction visée aux articles 151 ou 152, aux paragraphes 160(3) ou 173(2) ou à l’article 280;

c) une personne âgée de moins de quatorze ans ou qu’il croit telle, en vue de faciliter la perpétration à son égard d’une infraction visée à l’article 281.

Peine

(2) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

Présomption

(3) La preuve que la personne visée aux alinéas (1)a), b) ou c) a été présentée à l’accusé comme ayant moins de dix-huit, seize ou quatorze ans, selon le cas, constitue, sauf preuve contraire, la preuve que l’accusé croyait, au moment de l’infraction présumée, qu’elle avait moins que cet âge.

Moyen de défense

(4) Le fait pour l’accusé de croire que la personne visée aux alinéas (1)a), b) ou c) était âgée d’au moins dix-huit, seize ou quatorze ans, selon le cas, ne constitue un moyen de défense contre une accusation fondée sur le paragraphe (1) que s’il a pris des mesures raisonnables pour s’assurer de l’âge de la personne.

2002, ch. 13, art. 8; 2007, ch. 20, art. 1; 2008, ch. 6, art. 14.

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Inconduite Actions indécentes

173. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque volontairement commet une action indécente :

a) soit dans un endroit public en présence d’une ou de plusieurs personnes;

b) soit dans un endroit quelconque avec l’intention d’ainsi insulter ou offenser quelqu’un.

Exhibitionnisme

(2) Toute personne qui, en quelque lieu que ce soit, à des fins d’ordre sexuel, exhibe ses organes génitaux devant un enfant âgé de moins de seize ans est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 173; L.R. (1985), ch. 19 (3e suppl.), art. 7; 2008, ch. 6, art. 54; 2010, ch. 17, art. 2.

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Nudité

174. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sans excuse légitime, selon le cas :

a) est nu dans un endroit public;

b) est nu et exposé à la vue du public sur une propriété privée, que la propriété soit la sienne ou non.

Nu

(2) Est nu, pour l’application du présent article, quiconque est vêtu de façon à offenser la décence ou l’ordre public.

Consentement du procureur général

(3) Il ne peut être engagé de poursuites pour une infraction visée au présent article sans le consentement du procureur général.

S.R., ch. C-34, art. 170.

Troubler la paix, etc.

175. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, selon le cas :

a) n’étant pas dans une maison d’habitation, fait du tapage dans un endroit public ou près d’un tel endroit :

(i) soit en se battant, en criant, vociférant, jurant, chantant ou employant un langage insultant ou obscène,

(ii) soit en étant ivre,

(iii) soit en gênant ou molestant d’autres personnes;

b) ouvertement étale ou expose dans un endroit public des choses indécentes;

c) flâne dans un endroit public et, de quelque façon, gêne des personnes qui s’y trouvent;

d) trouble la paix et la tranquillité des occupants d’une maison d’habitation en déchargeant des armes à feu ou en causant un autre désordre dans un endroit public ou, n’étant pas un occupant d’une maison d’habitation comprise dans un certain bâtiment ou une certaine construction, trouble la paix et la tranquillité des occupants d’une maison d’habitation comprise dans le bâtiment ou la construction en déchargeant des armes à feu ou en causant un autre désordre dans toute partie d’un bâtiment ou d’une construction, à laquelle, au moment d’une telle conduite, les occupants de deux ou plusieurs maisons

d’habitation comprises dans le bâtiment ou la construction ont accès de droit ou sur invitation expresse ou tacite.

Preuve apportée par un agent de la paix

(2) À défaut d’autre preuve, ou sous forme de corroboration d’une autre preuve, la cour des poursuites sommaires peut déduire de la preuve apportée par un agent de la paix sur le comportement d’une personne, même indéterminée, la survenance d’un désordre visé aux alinéas (1)a), c) ou d).

L.R. (1985), ch. C-46, art. 175; 1997, ch. 18, art. 6.

Gêner ou arrêter un ministre du culte, ou lui faire violence

176. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) par menaces ou violence, illicitement gêne ou tente de gêner un membre du clergé ou un ministre du culte dans la célébration du service divin ou l’accomplissement d’une autre fonction se rattachant à son état, ou l’empêche ou tente de l’empêcher d’accomplir une telle célébration ou de remplir une telle autre fonction;

b) sachant qu’un membre du clergé ou un ministre du culte est sur le point d’accomplir, ou est en route pour accomplir une fonction mentionnée à l’alinéa a), ou revient de l’accomplir :

(i) ou bien se porte à des voies de fait ou manifeste de la violence contre lui,

(ii) ou bien l’arrête sur un acte judiciaire au civil ou sous prétexte d’exécuter un tel acte.

Troubler des offices religieux ou certaines réunions

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, volontairement, trouble ou interrompt une assemblée de personnes réunies pour des offices religieux ou pour un objet moral ou social ou à des fins de bienfaisance.

Idem

(3) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, à une assemblée mentionnée au paragraphe (2) ou près des lieux d’une telle assemblée, fait volontairement quelque chose qui en trouble l’ordre ou la solennité.

S.R., ch. C-34, art. 172.

Intrusion de nuit

177. Quiconque, sans excuse légitime, dont la preuve lui incombe, flâne ou rôde la nuit sur la propriété d’autrui, près d’une maison d’habitation située sur cette propriété, est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 173.

Substance volatile malfaisante

178. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, autre qu’un agent de la paix occupé à l’exercice de ses fonctions, a en sa possession dans un endroit public, ou dépose, jette ou lance, ou fait déposer, jeter ou lancer, en un endroit ou près d’un endroit :

a) soit une substance volatile malfaisante, susceptible d’alarmer, de gêner ou d’incommoder une personne, ou de lui causer du malaise ou de causer des dommages à des biens;

b) soit une bombe ou un dispositif fétide ou méphitique dont une substance mentionnée à l’alinéa a) est ou peut être libérée.

S.R., ch. C-34, art. 174.

Vagabondage

179. (1) Commet un acte de vagabondage toute personne qui, selon le cas :

a) tire sa subsistance, en totalité ou en partie, du jeu ou du crime et n’a aucune profession ou occupation légitime lui permettant de gagner sa vie;

b) ayant été déclarée coupable d’une infraction prévue aux articles 151, 152 ou 153, aux paragraphes 160(3) ou 173(2) ou aux articles 271, 272 ou 273 ou visée par une disposition mentionnée à l’alinéa b) de la définition de « sévices graves à la personne » à l’article 687 du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans sa version antérieure au 4 janvier 1983, est trouvée flânant sur un terrain d’école, un terrain de jeu, un parc public ou une zone publique où l’on peut se baigner ou à proximité de ces endroits.

Peine

(2) Quiconque commet un acte de vagabondage est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 179; L.R. (1985), ch. 27 (1er suppl.), art. 22, ch. 19 (3e suppl.), art. 8.

Nuisances Nuisance publique

180. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque commet une nuisance publique, et par là, selon le cas :

a) met en danger la vie, la sécurité ou la santé du public;

b) cause une lésion physique à quelqu’un.

Définition

(2) Pour l’application du présent article, commet une nuisance publique quiconque accomplit un acte illégal ou omet d’accomplir une obligation légale, et par là, selon le cas :

a) met en danger la vie, la sécurité, la santé, la propriété ou le confort du public;

b) nuit au public dans l’exercice ou la jouissance d’un droit commun à tous les sujets de Sa Majesté au Canada.

S.R., ch. C-34, art. 176.

Diffusion de fausses nouvelles

181. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, volontairement, publie une déclaration, une histoire ou une nouvelle qu’il sait fausse et qui cause, ou est de nature à causer, une atteinte ou du tort à quelque intérêt public.

S.R., ch. C-34, art. 177.

Cadavres

182. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) néglige, sans excuse légitime, d’accomplir un devoir que lui impose la loi, ou qu’il s’engage à remplir, au sujet de l’inhumation d’un cadavre humain ou de restes humains;

b) commet tout outrage, indécence ou indignité envers un cadavre humain ou des restes humains, inhumés ou non.

S.R., ch. C-34, art. 178.

PARTIE VI

ATTEINTES À LA VIE PRIVÉE Définitions Définitions

183. Les définitions qui suivent s’appliquent à la présente partie.

« autorisation »

“authorization”

« autorisation » Autorisation d’intercepter une communication privée donnée en vertu de l’article 186 ou des paragraphes 184.2(3), 184.3(6) ou 188(2).

« avocat »

“solicitor”

« avocat » Dans la province de Québec, un avocat ou un notaire et, dans les autres provinces, un barrister ou un solicitor.

« communication privée »

“private communication”

« communication privée » Communication orale ou télécommunication dont l’auteur se trouve au Canada, ou destinée par celui-ci à une personne qui s’y trouve, et qui est faite dans des circonstances telles que son auteur peut raisonnablement s’attendre à ce qu’elle ne soit pas interceptée par un tiers. La présente définition vise également la communication radiotéléphonique traitée électroniquement ou autrement en vue d’empêcher sa réception en clair par une personne autre que celle à laquelle son auteur la destine.

« communication radiotéléphonique »

“radio-based telephone communication”

« communication radiotéléphonique » S’entend de la radiocommunication, au sens de la Loi sur la radiocommunication, faite au moyen d’un appareil servant principalement à brancher la communication à un réseau téléphonique public commuté.

« dispositif électromagnétique, acoustique, mécanique ou autre »

“electro-magnetic, acoustic, mechanical or other device”

« dispositif électromagnétique, acoustique, mécanique ou autre » Tout dispositif ou appareil utilisé ou pouvant être utilisé pour intercepter une communication privée. La présente définition exclut un appareil de correction auditive utilisé pour améliorer, sans dépasser la normale, l’audition de l’utilisateur lorsqu’elle est inférieure à la normale.

« infraction »

“offence”

« infraction » Infraction, complot ou tentative de commettre une infraction, complicité après le fait ou le fait de conseiller à une autre personne de commettre une infraction en ce qui concerne :

a) l’une des dispositions suivantes de la présente loi :

(i) l’article 47 (haute trahison),

(ii) l’article 51 (intimider le Parlement ou une législature),

(iii) l’article 52 (sabotage),

(iii.1) l’article 56.1 (pièces d’identité),

(iv) l’article 57 (faux ou usage de faux, etc.),

(v) l’article 61 (infractions séditieuses),

(vi) l’article 76 (détournement),

(vii) l’article 77 (atteinte à la sécurité des aéronefs ou des aéroports),

(viii) l’article 78 (armes offensives, etc. à bord d’un aéronef),

(ix) l’article 78.1 (infractions contre la navigation maritime ou une plate-forme fixe),

(x) l’article 80 (manque de précautions),

(xi) l’article 81 (usage d’explosifs),

(xii) l’article 82 (possession d’explosifs),

(xii.1) l’article 83.02 (fournir ou réunir des biens en vue de certains actes),

(xii.2) l’article 83.03 (fournir, rendre disponibles, etc. des biens ou services à des fins terroristes),

(xii.3) l’article 83.04 (utiliser ou avoir en sa possession des biens à des fins terroristes),

(xii.4) l’article 83.18 (participation à une activité d’un groupe terroriste),

(xii.5) l’article 83.19 (facilitation d’une activité terroriste),

(xii.6) l’article 83.2 (infraction au profit d’un groupe terroriste),

(xii.7) l’article 83.21 (charger une personne de se livrer à une activité pour un groupe terroriste),

(xii.8) l’article 83.22 (charger une personne de se livrer à une activité terroriste),

(xii.9) l’article 83.23 (héberger ou cacher),

(xii.91) l’article 83.231 (incitation à craindre des activités terroristes),

(xiii) l’article 96 (possession d’une arme obtenue lors de la perpétration d’une infraction),

(xiii.1) l’article 98 (introduction par effraction pour voler une arme à feu),

(xiii.2) l’article 98.1 (vol qualifié visant une arme à feu),

(xiv) l’article 99 (trafic d’armes),

(xv) l’article 100 (possession en vue de faire le trafic d’armes),

(xvi) l’article 102 (fabrication d’une arme automatique),

(xvii) l’article 103 (importation ou exportation non autorisées — infraction délibérée),

(xviii) l’article 104 (importation ou exportation non autorisées),

(xix) l’article 119 (corruption, etc.),

(xx) l’article 120 (corruption, etc.),

(xxi) l’article 121 (fraudes envers le gouvernement),

(xxii) l’article 122 (abus de confiance),

(xxiii) l’article 123 (corruption dans les affaires municipales),

(xxiv) l’article 132 (parjure),

(xxv) l’article 139 (entrave à la justice),

(xxvi) l’article 144 (bris de prison),

(xxvii) le paragraphe 145(1) (évasion, etc.),

(xxvii.1) l’article 162 (voyeurisme),

(xxviii) l’alinéa 163(1) a) (documentation obscène),

(xxix) l’article 163.1 (pornographie juvénile),

(xxx) l’article 184 (interception illégale),

(xxxi) l’article 191 (possession de dispositifs d’interception),

(xxxii) le paragraphe 201(1) (tenancier d’une maison de jeu ou de pari),

(xxxiii) l’alinéa 202(1) e) (vente de mise collective, etc.),

(xxxiv) le paragraphe 210(1) (tenue d’une maison de débauche),

(xxxv) le paragraphe 212(1) (proxénétisme),

(xxxvi) le paragraphe 212(2) (proxénétisme),

(xxxvii) le paragraphe 212(2.1) (infraction grave — vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans),

(xxxviii) le paragraphe 212(4) (infraction — prostitution d’une personne âgée de moins de dix-huit ans),

(xxxix) l’article 235 (meurtre),

(xxxix.1) l’article 244 (décharger une arme à feu avec une intention particulière),

(xxxix.2) l’article 244.2 (décharger une arme à feu avec insouciance),

(xl) l’article 264.1 (menaces),

(xli) l’article 267 (agression armée ou infliction de lésions corporelles),

(xlii) l’article 268 (voies de fait graves),

(xliii) l’article 269 (infliction illégale de lésions corporelles),

(xliii.1) l’article 270.01 (agression armée ou infliction de lésions corporelles — agent de la paix),

(xliii.2) l’article 270.02 (voies de fait graves — agent de la paix),

(xliv) l’article 271 (agression sexuelle),

(xlv) l’article 272 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles),

(xlvi) l’article 273 (agression sexuelle grave),

(xlvii) l’article 279 (enlèvement),

(xlvii.1) l’article 279.01 (traite des personnes),

(xlvii.11) l’article 279.011 (traite de personnes âgées de moins de dix-huit ans),

(xlvii.2) l’article 279.02 (avantage matériel),

(xlvii.3) l’article 279.03 (rétention ou destruction de documents),

(xlviii) l’article 279.1 (prise d’otage),

(xlix) l’article 280 (enlèvement d’une personne âgée de moins de 16 ans),

(l) l’article 281 (enlèvement d’une personne âgée de moins de 14 ans),

(li) l’article 282 (enlèvement en contravention avec une ordonnance de garde),

(lii) l’article 283 (enlèvement),

(liii) l’article 318 (encouragement au génocide),

(liv) l’article 327 (possession de moyens permettant d’utiliser des installations ou d’obtenir un service en matière de télécommunication),

(lv) l’article 334 (punition du vol),

(lvi) l’article 342 (vol etc. de cartes de crédit),

(lvi.1) l’article 342.01 (instruments — copie de données relatives à une carte de crédit, ou fabrication ou falsification de cartes de crédit),

(lvii) l’article 342.1 (utilisation non autorisée d’ordinateur),

(lviii) l’article 342.2 (possession de moyens permettant d’utiliser un service d’ordinateur),

(lix) l’article 344 (vol qualifié),

(lx) l’article 346 (extorsion),

(lxi) l’article 347 (usure),

(lxii) l’article 348 (introduction par effraction),

(lxiii) l’article 354 (possession de biens criminellement obtenus),

(lxiv) l’article 356 (vol de courrier),

(lxv) l’article 367 (faux),

(lxvi) l’article 368 (emploi, possession ou trafic d’un document contrefait),

(lxvi.1) l’article 368.1 (instruments pour commettre un faux),

(lxvii) l’article 372 (faux messages),

(lxviii) l’article 380 (fraude),

(lxix) l’article 381 (emploi du courrier pour frauder),

(lxx) l’article 382 (manipulations frauduleuses d’opérations boursières),

(lxx.1) le paragraphe 402.2(1) (vol d’identité),

(lxx.2) le paragraphe 402.2(2) (trafic de renseignements identificateurs),

(lxx.3) l’article 403 (fraude à l’identité),

(lxxi) l’article 423.1 (intimidation d’une personne associée au système judiciaire ou d’un journaliste),

(lxxii) l’article 424 (menaces de commettre une infraction contre une personne jouissant d’une protection internationale),

(lxxii.1) l’article 424.1 (menaces contre le personnel des Nations Unies ou le personnel associé),

(lxxiii) l’article 426 (commissions secrètes),

(lxxiv) l’article 430 (méfait),

(lxxv) l’article 431 (attaque contre les locaux officiels, le logement privé ou les moyens de transport),

(lxxv.1) l’article 431.1 (attaque contre les locaux officiels, le logement privé ou les moyens de transport du personnel des Nations Unies ou du personnel associé),

(lxxv.2) le paragraphe 431.2(2) (engin explosif ou autre engin meurtrier),

(lxxvi) l’article 433 (crime d’incendie),

(lxxvii) l’article 434 (incendie criminel),

(lxxviii) l’article 434.1 (incendie criminel),

(lxxix) l’article 435 (incendie criminel : intention frauduleuse),

(lxxx) l’article 449 (fabrication de monnaie contrefaite),

(lxxxi) l’article 450 (possession, etc. de monnaie contrefaite),

(lxxxii) l’article 452 (mise en circulation, etc. de monnaie contrefaite),

(lxxxiii) l’article 462.31 (recyclage des produits de la criminalité),

(lxxxiv) le paragraphe 462.33(11) (contravention d’une ordonnance de blocage),

(lxxxv) l’article 467.11 (participation aux activités d’une organisation criminelle),

(lxxxvi) l’article 467.12 (infraction au profit d’une organisation criminelle),

(lxxxvii) l’article 467.13 (charger une personne de commettre une infraction);

b) l’article 198 (faillite frauduleuse) de la Loi sur la faillite et l’insolvabilité;

b.1) l’une des dispositions suivantes de la Loi de mise en oeuvre de la convention sur les armes biologiques ou à toxines :

(i) l’article 6 (mise au point, fabrication, etc. d’agents biologiques et de vecteurs),

(ii) l’article 7 (mise au point, fabrication, etc. d’agents biologiques sans autorisation);

c) l’une des dispositions suivantes de la Loi sur la concurrence :

(i) l’article 45 (complot, accord ou arrangement entre concurrents),

(ii) l’article 47 (truquage des offres),

(iii) le paragraphe 52.1(3) (télémarketing trompeur);

d) l’une des dispositions suivantes de la Loi réglementant certaines drogues et autres substances :

(i) l’article 5 (trafic de substances),

(ii) l’article 6 (importation et exportation),

(iii) l’article 7 (production);

e) l’article 3 (corruption d’agents publics étrangers) de la Loi sur la corruption d’agents publics étrangers;

e.1) la Loi sur les crimes contre l’humanité et les crimes de guerre;

f) l’une des dispositions suivantes de la Loi sur les douanes :

(i) l’article 153 (fausses indications),

(ii) l’article 159 (contrebande);

g) l’une des dispositions suivantes de la Loi de 2001 sur l’accise :

(i) l’article 214 (production, vente, etc., illégales de tabac ou d’alcool),

(ii) l’article 216 (possession ou vente illégale de produits du tabac),

(iii) l’article 218 (possession, vente, etc., illégales d’alcool),

(iv) l’article 219 (falsification ou destruction de registres),

(v) l’article 230 (possession de biens d’origine criminelle),

(vi) l’article 231 (recyclage des produits de la criminalité);

h) l’une des dispositions suivantes de la Loi sur les licences d’exportation et d’importation :

(i) l’article 13 (exportation ou tentative d’exportation),

(ii) l’article 14 (importation ou tentative d’importation),

(iii) l’article 15 (détournement, etc.),

(iv) l’article 16 (transfert ou autorisation interdits),

(v) l’article 17 (faux renseignements),

(vi) l’article 18 (incitation);

i) l’une des dispositions suivantes de la Loi sur l’immigration et la protection des réfugiés :

(i) l’article 117 (entrée illégale),

(ii) l’article 118 (trafic de personnes),

(iii) l’article 119 (débarquement de personnes en mer),

(iv) l’article 122 (infractions relatives aux documents),

(v) l’article 126 (fausses présentations),

(vi) l’article 129 (infractions relatives aux agents);

j) toute infraction visée à la Loi sur la protection de l’information.

Est également visée par la présente définition toute autre infraction dont il y a des motifs raisonnables de croire qu’elle est une infraction d’organisation criminelle, ou toute autre infraction dont il y a des motifs raisonnables de croire qu’elle est une infraction visée aux alinéas b) ou c) de la définition de « infraction de terrorisme » à l’article 2.

« intercepter »

“intercept”

« intercepter » S’entend notamment du fait d’écouter, d’enregistrer ou de prendre volontairement connaissance d’une communication ou de sa substance, son sens ou son objet.

« réseau téléphonique public commuté »

“public switched telephone network”

« réseau téléphonique public commuté » Installation de télécommunication qui vise principalement à fournir au public un service téléphonique par lignes terrestres moyennant contrepartie.

« vendre »

“sell”

« vendre » Sont assimilés à la vente l’offre de vente et le fait d’exposer pour la vente, d’avoir en sa possession pour la vente, de distribuer ou de faire de la publicité pour la vente.

L.R. (1985), ch. C-46, art. 183; L.R. (1985), ch. 27 (1er suppl.), art. 7 et 23, ch. 1 (2e suppl.), art. 213, ch. 1 (4e suppl.), art. 13, ch. 29 (4e suppl.), art. 17, ch. 42 (4e suppl.), art. 1; 1991, ch. 28, art. 12; 1992, ch. 27, art. 90; 1993, ch. 7, art. 5, ch. 25, art. 94, ch. 40, art. 1, ch. 46, art. 4; 1995, ch. 39, art. 140; 1996, ch. 19, art. 66; 1997, ch. 18, art. 7, ch. 23, art. 3; 1998, ch. 34, art. 8; 1999, ch. 2, art. 47, ch. 5, art. 4; 2000, ch. 24, art. 43; 2001, ch. 32, art. 4, ch. 41, art. 5, 31 et 133; 2002, ch. 22, art. 409; 2004, ch. 15, art. 108; 2005, ch. 32, art. 10, ch. 43, art. 1; 2008, ch. 6, art. 15; 2009, ch. 2, art. 442, ch. 22, art. 4, ch. 28, art. 3; 2010, ch. 3, art. 1.

Version précédente

Consentement à l’interception

183.1 Pour l’application de la présente partie, dans le cas d’une communication privée ayant plusieurs auteurs ou plusieurs destinataires, il suffit, afin qu’il y ait consentement à son interception, que l’un d’eux y consente.

1993, ch. 40, art. 2.

Interception des communications Interception

184. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, intercepte volontairement une communication privée.

Réserve

(2) Le paragraphe (1) ne s’applique pas aux personnes suivantes :

a) une personne qui a obtenu, de l’auteur de la communication privée ou de la personne à laquelle son auteur la destine, son consentement exprès ou tacite à l’interception;

b) une personne qui intercepte une communication privée en conformité avec une autorisation ou en vertu de l’article 184.4, ou une personne qui, de bonne foi, aide de quelque façon une autre personne qu’elle croit, en se fondant sur des motifs raisonnables, agir en conformité avec une telle autorisation ou en vertu de cet article;

c) une personne qui fournit au public un service de communications téléphoniques, télégraphiques ou autres et qui intercepte une communication privée dans l’un ou l’autre des cas suivants :

(i) cette interception est nécessaire pour la fourniture de ce service,

(ii) à l’occasion de la surveillance du service ou d’un contrôle au hasard nécessaire pour les vérifications mécaniques ou la vérification de la qualité du service,

(iii) cette interception est nécessaire pour protéger ses droits ou biens directement liés à la fourniture d’un service de communications téléphoniques, télégraphiques ou autres;

d) un fonctionnaire ou un préposé de Sa Majesté du chef du Canada chargé de la régulation du spectre des fréquences de radiocommunication, pour une communication privée qu’il a interceptée en vue d’identifier, d’isoler ou d’empêcher l’utilisation non autorisée ou importune d’une fréquence ou d’une transmission;

e) une personne - ou toute personne agissant pour son compte - qui, étant en possession ou responsable d’un ordinateur - au sens du paragraphe 342.1(2) -, intercepte des communications privées qui sont destinées à celui-ci, en proviennent ou passent par lui, si l’interception est raisonnablement nécessaire :

(i) soit pour la gestion de la qualité du service de l’ordinateur en ce qui concerne les facteurs de qualité tels que la réactivité et la capacité de l’ordinateur ainsi que l’intégrité et la disponibilité de celui-ci et des données,

(ii) soit pour la protection de l’ordinateur contre tout acte qui constituerait une infraction aux paragraphes 342.1(1) ou 430(1.1).

Utilisation ou conservation

(3) La communication privée interceptée par la personne visée à l’alinéa (2) e) ne peut être utilisée ou conservée que si, selon le cas :

a) elle est essentielle pour détecter, isoler ou empêcher des activités dommageables pour l’ordinateur;

b) elle sera divulguée dans un cas visé au paragraphe 193(2).

L.R. (1985), ch. C-46, art. 184; 1993, ch. 40, art. 3; 2004, ch. 12, art. 4.

Version précédente

Interception préventive

184.1 (1) L’agent de l’État peut, au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, intercepter une communication privée si les conditions suivantes sont réunies :

a) l’auteur de la communication ou la personne à laquelle celui-ci la destine a consenti à l’interception;

b) l’agent a des motifs raisonnables de croire qu’il existe un risque de lésions corporelles pour la personne qui a consenti à l’interception;

c) l’interception vise à empêcher les lésions corporelles.

Admissibilité en preuve des communications interceptées

(2) Le contenu de la communication privée obtenue au moyen de l’interception est inadmissible en preuve, sauf dans les procédures relatives à l’infliction de lésions corporelles ou à la tentative ou menace d’une telle infliction, notamment celles qui se rapportent à une demande d’autorisation visée par la présente partie, un mandat de perquisition ou un mandat d’arrestation.

Destruction des enregistrements et des transcriptions

(3) L’agent de l’État qui intercepte la communication privée doit, dans les plus brefs délais possible, détruire les enregistrements de cette communication et les transcriptions totales ou partielles de ces enregistrements de même que les notes relatives à la communication prises par lui, si celle-ci ne laisse pas présumer l’infliction — effective ou probable — de lésions corporelles ni la tentative ou menace d’une telle infliction.

Définition de « agent de l’État »

(4) Pour l’application du présent article, « agent de l’État » s’entend :

a) soit d’un agent de la paix;

b) soit d’une personne qui collabore avec un agent de la paix ou agit sous son autorité.

1993, ch. 40, art. 4.

Interception avec consentement

184.2 (1) Toute personne peut, au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, intercepter une communication privée si l’auteur de la

communication ou la personne à laquelle il la destine a consenti à l’interception et si une autorisation a été obtenue conformément au paragraphe (3).

Demande d’autorisation

(2) La demande d’autorisation est présentée, ex parte et par écrit, à un juge de la cour provinciale, à un juge de la cour supérieure de juridiction criminelle ou à un juge au sens de l’article 552 soit par l’agent de la paix, soit par le fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale; il doit y être joint un affidavit de cet agent ou de ce fonctionnaire, ou de tout autre agent de la paix ou fonctionnaire public, pouvant être fait sur la foi de renseignements tenus pour véridiques et indiquant ce qui suit :

a) le fait qu’il existe des motifs raisonnables de croire qu’une infraction à la présente loi ou à toute autre loi fédérale a été ou sera commise;

b) les détails relatifs à l’infraction;

c) le nom de la personne qui a consenti à l’interception;

d) la période pour laquelle l’autorisation est demandée;

e) dans le cas où une autorisation a déjà été accordée conformément au présent article ou à l’article 186, les modalités de cette autorisation.

Opinion du juge

(3) L’autorisation peut être donnée si le juge est convaincu :

a) qu’il existe des motifs raisonnables de croire qu’une infraction à la présente loi ou à toute autre loi fédérale a été ou sera commise;

b) que l’auteur de la communication privée ou la personne à laquelle il la destine a consenti à l’interception;

c) qu’il existe des motifs raisonnables de croire que des renseignements relatifs à l’infraction seront obtenus grâce à l’interception.

Contenu et limite de l’autorisation

(4) L’autorisation doit :

a) mentionner l’infraction relativement à laquelle des communications privées peuvent être interceptées;

b) mentionner le genre de communication privée qui peut être interceptée;

c) mentionner, si elle est connue, l’identité des personnes dont les communications privées peuvent être interceptées et donner une description générale du lieu où les communications peuvent être interceptées, s’il est possible de donner une telle description, et une description générale de la façon dont elles peuvent l’être;

d) énoncer les modalités que le juge estime opportunes dans l’intérêt public;

e) être valide pour la période, d’au plus soixante jours, qui y est indiquée.

1993, ch. 40, art. 4.

Demande à l’aide d’un moyen de télécommunication

184.3 (1) Par dérogation à l’article 184.2, une demande d’autorisation visée au paragraphe 184.2(2) peut être présentée ex parte à un juge de la cour provinciale, à un juge de la cour supérieure de juridiction criminelle ou à un juge au sens de l’article 552 par téléphone ou par tout autre moyen de télécommunication, si les circonstances rendent peu commode pour le demandeur de se présenter en personne devant le juge.

Demande

(2) La demande, à faire sous serment, est accompagnée d’une déclaration qui comporte les éléments visés aux alinéas 184.2(2)a) à e) et mentionne les circonstances qui rendent peu commode pour le demandeur de se présenter en personne devant le juge.

Enregistrement

(3) Le juge enregistre la demande par écrit ou autrement et, dès qu’une décision est prise à son sujet, fait placer l’enregistrement dans un paquet visé au paragraphe 187(1), qu’il fait sceller; l’enregistrement ainsi placé est traité comme un document pour l’application de l’article 187.

Serment

(4) Pour l’application du paragraphe (2), il peut être prêté serment par téléphone ou par tout autre moyen de télécommunication.

Substitution au serment

(5) Le demandeur qui utilise un moyen de télécommunication capable de rendre la communication sous forme écrite peut, au lieu de prêter serment, faire une déclaration par écrit, énonçant qu’à sa connaissance ou selon sa croyance la demande est véridique. Une telle déclaration est réputée être faite sous serment.

Autorisation

(6) Dans le cas où le juge est convaincu que les conditions visées aux alinéas 184.2(3)a) à c) sont remplies et que les circonstances visées au paragraphe (2) rendent peu commode pour le demandeur de se présenter en personne devant un juge, il peut, selon les modalités qu’il estime à propos le cas échéant, donner une autorisation par téléphone ou par tout autre moyen de télécommunication pour une période maximale de trente-six heures.

Autorisation accordée

(7) Dans le cas où le juge accorde une autorisation par téléphone ou par tout autre moyen de télécommunication qui ne peut rendre la communication sous forme écrite :

a) le juge remplit et signe l’autorisation; il y mentionne le lieu, la date et l’heure où elle est accordée;

b) le demandeur, sur l’ordre du juge, remplit un fac-similé de l’autorisation; il y mentionne le nom du juge qui l’accorde et le lieu, la date et l’heure où elle est accordée;

c) le juge, dans les plus brefs délais possible après l’avoir accordée, fait placer l’autorisation dans un paquet visé au paragraphe 187(1), qu’il fait sceller.

Autorisation accordée à l’aide d’un moyen de télécommunication qui peut rendre la communication sous forme écrite

(8) Dans le cas où le juge accorde une autorisation à l’aide d’un moyen de télécommunication qui peut rendre la communication sous forme écrite :

a) le juge remplit et signe l’autorisation; il y mentionne le lieu, la date et l’heure où elle est accordée;

b) le juge transmet l’autorisation à l’aide du moyen de télécommunication au demandeur et la copie reçue par celui-ci est réputée être un fac-similé visé à l’alinéa (7)b);

c) le juge, dans les plus brefs délais possible après l’avoir accordée, fait placer l’autorisation dans un paquet visé au paragraphe 187(1), qu’il fait sceller.

1993, ch. 40, art. 4.

Interception dans des circonstances exceptionnelles

184.4 L’agent de la paix peut intercepter, au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, une communication privée si les conditions suivantes sont réunies :

a) il a des motifs raisonnables de croire que l’urgence de la situation est telle qu’une autorisation ne peut, avec toute la diligence raisonnable, être obtenue sous le régime de la présente partie;

b) il a des motifs raisonnables de croire qu’une interception immédiate est nécessaire pour empêcher un acte illicite qui causerait des dommages sérieux à une personne ou un bien;

c) l’auteur de la communication ou la personne à laquelle celui-ci la destine est soit la victime ou la personne visée, soit la personne dont les actes sont susceptibles de causer les dommages.

1993, ch. 40, art. 4.

Interception de communications radiotéléphoniques

184.5 (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque intercepte, malicieusement ou aux fins de gain, une communication radiotéléphonique au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, si l’auteur de la communication ou la personne à laquelle celui-ci la destine se trouve au Canada.

Autres dispositions applicables

(2) L’article 183.1, le paragraphe 184(2) de même que les articles 184.1 à 190 et 194 à 196 s’appliquent, avec les adaptations nécessaires, à l’interception de la communication radiotéléphonique.

1993, ch. 40, art. 4.

Application de la demande d’autorisation

184.6 Il est entendu qu’une demande d’autorisation peut être présentée en vertu de la présente partie à la fois pour une communication privée et pour une communication radiotéléphonique.

1993, ch. 40, art. 4.

Demande d’autorisation

185. (1) Pour l’obtention d’une autorisation visée à l’article 186, une demande est présentée ex parte et par écrit à un juge d’une cour supérieure de juridiction criminelle, ou à un juge au sens de l’article 552, et est signée par le procureur général de la province ou par le ministre de la Sécurité publique et de la Protection civile ou par un mandataire spécialement désigné par écrit pour l’application du présent article par :

a) le ministre lui-même ou le sous-ministre de la Sécurité publique et de la Protection civile lui-même, si l’infraction faisant l’objet de l’enquête est une infraction pour laquelle des poursuites peuvent, le cas échéant, être engagées sur l’instance du gouvernement du Canada et conduites par le procureur général du Canada ou en son nom;

b) le procureur général d’une province lui-même ou le sous-procureur général d’une province lui-même, dans les autres cas;

il doit y être joint un affidavit d’un agent de la paix ou d’un fonctionnaire public pouvant être fait sur la foi de renseignements tenus pour véridiques et indiquant ce qui suit :

c) les faits sur lesquels le déclarant se fonde pour justifier qu’à son avis il y a lieu d’accorder une autorisation, ainsi que les détails relatifs à l’infraction;

d) le genre de communication privée que l’on se propose d’intercepter;

e) les noms, adresses et professions, s’ils sont connus, de toutes les personnes dont les communications privées devraient être interceptées du fait qu’on a des motifs raisonnables de croire que cette interception pourra être utile à l’enquête relative à l’infraction et une description générale de la nature et de la situation du lieu, s’il est connu, où l’on se propose d’intercepter des communications privées et une description générale de la façon dont on se propose de procéder à cette interception;

f) le nombre de cas, s’il y a lieu, où une demande a été faite en vertu du présent article au sujet de l’infraction ou de la personne nommée dans l’affidavit conformément à l’alinéa e) et où la demande a été retirée ou aucune autorisation n’a été accordée, la date de chacune de ces demandes et le nom du juge auquel chacune a été présentée;

g) la période pour laquelle l’autorisation est demandée;

h) si d’autres méthodes d’enquête ont ou non été essayées, si elles ont ou non échoué, ou pourquoi elles paraissent avoir peu de chance de succès, ou si, étant donné l’urgence de l’affaire, il ne serait pas pratique de mener l’enquête relative à l’infraction en n’utilisant que les autres méthodes d’enquête.

Exception dans le cas d’une organisation criminelle ou d’une infraction de terrorisme

(1.1) L’alinéa (1)h) ne s’applique pas dans les cas où l’autorisation demandée vise :

a) une infraction prévue aux articles 467.11, 467.12 ou 467.13;

b) une infraction commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

c) une infraction de terrorisme.

Prolongation de la période

(2) La demande d’autorisation peut être accompagnée d’une autre demande, signée personnellement par le procureur général de la province où une demande d’autorisation a été présentée ou le ministre de la Sécurité publique et de la Protection civile, dans le cas où la demande a été présentée par lui ou en son nom, visant à faire remplacer la période prévue au paragraphe 196(1) par une période maximale de trois ans, tel qu’indiqué dans la demande.

Cas où la prolongation est accordée

(3) Le juge auquel sont présentées la demande d’autorisation et la demande visée au paragraphe (2) considère premièrement celle qui est visée au paragraphe (2) et, s’il est convaincu, sur la base de l’affidavit joint à la demande d’autorisation et de tout autre affidavit qui appuie la demande visée au paragraphe (2), que les intérêts de la justice justifient qu’il accepte cette demande, il fixe une autre période d’une durée maximale de trois ans, en remplacement de celle qui est prévue au paragraphe 196(1).

Cas où la prolongation n’est pas accordée

(4) Lorsque le juge auquel la demande d’autorisation et la demande visée au paragraphe (2) sont présentées refuse de modifier la période prévue au paragraphe 196(1) ou fixe une autre période en remplacement de celle-ci plus courte que celle indiquée dans la demande mentionnée au paragraphe (2), la personne qui comparaît devant lui sur la demande d’autorisation peut alors la retirer; le juge ne doit pas considérer la demande d’autorisation ni accorder l’autorisation et doit remettre à la personne qui comparaît devant lui sur la demande d’autorisation les deux demandes et toutes les pièces et documents qui s’y rattachent.

L.R. (1985), ch. C-46, art. 185; 1993, ch. 40, art. 5; 1997, ch. 18, art. 8, ch. 23, art. 4; 2001, ch. 32, art. 5, ch. 41, art. 6 et 133; 2005, ch. 10, art. 22 et 34.

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Opinion du juge

186. (1) Une autorisation visée au présent article peut être donnée si le juge auquel la demande est présentée est convaincu que :

a) d’une part, l’octroi de cette autorisation servirait au mieux l’administration de la justice;

b) d’autre part, d’autres méthodes d’enquête ont été essayées et ont échoué, ou ont peu de chance de succès, ou que l’urgence de l’affaire est telle qu’il ne serait pas pratique de mener l’enquête relative à l’infraction en n’utilisant que les autres méthodes d’enquête.

Exception dans le cas d’une organisation criminelle ou d’une infraction de terrorisme

(1.1) L’alinéa (1)b) ne s’applique pas dans les cas où le juge est convaincu que l’autorisation demandée vise :

a) une infraction prévue aux articles 467.11, 467.12 ou 467.13;

b) une infraction commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

c) une infraction de terrorisme.

Obligation de refuser d’accorder l’autorisation

(2) Le juge auquel est faite une demande d’autorisation en vue d’intercepter des communications privées au bureau ou à la résidence d’un avocat, ou à tout autre endroit qui sert ordinairement à l’avocat ou à d’autres avocats pour la tenue de consultations avec des clients, doit refuser de l’accorder à moins qu’il ne soit convaincu qu’il existe des motifs raisonnables de croire que l’avocat, un autre avocat qui exerce le droit avec lui, un de ses employés, un employé de cet autre avocat ou une personne qui habite sa résidence a participé à une infraction ou s’apprête à le faire.

Modalités

(3) Le juge qui accorde l’autorisation d’intercepter des communications privées à un endroit décrit au paragraphe (2) doit y inclure les modalités qu’il estime opportunes pour protéger les communications sous le sceau du secret professionnel entre l’avocat et son client.

Contenu et limite de l’autorisation

(4) Une autorisation doit :

a) indiquer l’infraction relativement à laquelle des communications privées pourront être interceptées;

b) indiquer le genre de communication privée qui pourra être interceptée;

c) indiquer, si elle est connue, l’identité des personnes dont les communications privées doivent être interceptées et donner une description générale du lieu où les communications privées pourront être interceptées, s’il est possible de donner une description générale de ce lieu, et une description générale de la façon dont les communications pourront être interceptées;

d) énoncer les modalités que le juge estime opportunes dans l’intérêt public;

e) être valide pour la période maximale de soixante jours qui y est indiquée.

Désignation de personnes

(5) Le ministre de la Sécurité publique et de la Protection civile ou le procureur général, selon le cas, peut désigner une ou plusieurs personnes qui pourront intercepter des communications privées aux termes d’autorisations.

Installation et enlèvement de dispositifs

(5.1) Il est entendu que l’autorisation est assortie du pouvoir d’installer secrètement un dispositif électromagnétique, acoustique, mécanique ou autre et de l’entretenir et l’enlever secrètement.

Enlèvement après expiration de l’autorisation

(5.2) Sur demande écrite ex parte, accompagnée d’un affidavit, le juge qui a donné l’autorisation visée au paragraphe (5.1) ou un juge compétent pour donner une telle autorisation peut donner une deuxième autorisation permettant que le dispositif en question soit enlevé secrètement après l’expiration de la première autorisation :

a) selon les modalités qu’il estime opportunes;

b) au cours de la période, d’au plus soixante jours, qu’il spécifie.

Renouvellement de l’autorisation

(6) Un juge d’une cour supérieure de juridiction criminelle ou un juge au sens de l’article 552 peut renouveler une autorisation lorsqu’il reçoit une demande écrite ex parte signée par le procureur général de la province où la demande est présentée, par le ministre de la Sécurité publique et de la Protection civile ou par un mandataire spécialement désigné par écrit pour l’application de l’article 185 par ce dernier ou le procureur général, selon le cas, et à laquelle est joint un affidavit d’un agent de la paix ou d’un fonctionnaire public indiquant ce qui suit :

a) la raison et la période pour lesquelles le renouvellement est demandé;

b) tous les détails, y compris les heures et dates, relatifs aux interceptions, qui, le cas échéant, ont été faites ou tentées en vertu de l’autorisation, et tous renseignements obtenus au cours des interceptions;

c) le nombre de cas, s’il y a lieu, où, à la connaissance du déposant, une demande a été faite en vertu du présent paragraphe au sujet de la même autorisation et où la demande a été retirée ou aucun renouvellement n’a été accordé, la date de chacune de ces demandes et le nom du juge auquel chacune a été présentée,

ainsi que les autres renseignements que le juge peut exiger.

Renouvellement

(7) Le renouvellement d’une autorisation peut être accordé pour une période maximale de soixante jours si le juge auquel la demande est présentée est convaincu que l’une des circonstances indiquées au paragraphe (1) existe encore.

L.R. (1985), ch. C-46, art. 186; 1993, ch. 40, art. 6; 1997, ch. 23, art. 5; 1999, ch. 5, art. 5; 2001, ch. 32, art. 6, ch. 41, art. 6.1 et 133; 2005, ch. 10, art. 23 et 34.

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Durée de validité dans le cas d’une organisation criminelle ou d’une infraction de terrorisme

186.1 Par dérogation aux alinéas 184.2(4)e) et 186(4)e) et au paragraphe 186(7), l’autorisation et le renouvellement peuvent être valides pour des périodes de plus de soixante jours précisées par l’autorisation et d’au plus un an chacune, dans les cas où l’autorisation vise :

a) une infraction prévue aux articles 467.11, 467.12 ou 467.13;

b) une infraction commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

c) une infraction de terrorisme.

1997, ch. 23, art. 6; 2001, ch. 32, art. 7, ch. 41, art. 7 et 133.

Façon d’assurer le secret de la demande

187. (1) Tous les documents relatifs à une demande faite en application de la présente partie sont confidentiels et, sous réserve du paragraphe (1.1), sont placés dans un paquet scellé par le juge auquel la demande est faite dès qu’une décision est prise au sujet de cette demande; ce paquet est gardé par le tribunal, en un lieu auquel le public n’a pas accès ou en tout autre lieu que le juge peut autoriser et il ne peut en être disposé que conformément aux paragraphes (1.2) à (1.5).

Exceptions

(1.1) L’autorisation donnée en vertu de la présente partie n’a pas à être placée dans le paquet sauf si, conformément aux paragraphes 184.3(7) ou (8), l’original est entre les mains du juge, auquel cas celui-ci est tenu de placer l’autorisation dans le paquet alors que le demandeur conserve le fac-similé.

Accès dans le cas de nouvelles demandes d’autorisation

(1.2) Le paquet scellé peut être ouvert et son contenu retiré pour qu’il soit traité d’une nouvelle demande d’autorisation ou d’une demande de renouvellement d’une autorisation.

Accès par ordonnance du juge

(1.3) Un juge de la cour provinciale, un juge de la cour supérieure de juridiction criminelle ou un juge au sens de l’article 552 peut ordonner que le paquet scellé soit ouvert et son contenu retiré pour copie et examen des documents qui s’y trouvent.

Accès par ordonnance du juge qui préside le procès

(1.4) S’il a compétence dans la province où l’autorisation a été donnée, le juge ou le juge de la cour provinciale devant lequel doit se tenir le procès peut ordonner que le paquet scellé soit ouvert et son contenu retiré pour copie et examen des documents qui s’y trouvent si les conditions suivantes sont réunies :

a) une question en litige concerne l’autorisation ou les éléments de preuve obtenus grâce à celle-ci;

b) le prévenu fait une demande à cet effet afin de consulter les documents pour sa préparation au procès.

Ordonnance de destruction des documents

(1.5) Dans le cas où le paquet est ouvert, son contenu ne peut être détruit, si ce n’est en application d’une ordonnance d’un juge de la même juridiction que celui qui a donné l’autorisation.

Ordonnance du juge

(2) Une ordonnance visant les documents relatifs à une demande présentée conformément à l’article 185 ou aux paragraphes 186(6) ou 196(2) ne peut être rendue en vertu des paragraphes (1.2), (1.3), (1.4) ou (1.5) qu’après que le ministre de la Sécurité publique et de la Protection civile ou le procureur général qui a demandé l’autorisation, ou sur l’ordre de qui cette demande a été présentée, a eu la possibilité de se faire entendre.

Idem

(3) Une ordonnance visant les documents relatifs à une demande présentée conformément au paragraphe 184.2(2) ou à l’article 184.3 ne peut être rendue en vertu des paragraphes (1.2), (1.3), (1.4) ou (1.5) qu’après que le procureur général a eu la possibilité de se faire entendre.

Révision des copies

(4) Dans le cas où une poursuite a été intentée et que le prévenu demande une ordonnance pour copie et examen des documents conformément aux paragraphes (1.3) ou (1.4), le juge ne peut, par dérogation à ces paragraphes, remettre une copie des documents au prévenu qu’après que le poursuivant a supprimé toute partie des copies qui, à son avis, serait de nature à porter atteinte à l’intérêt public, notamment si le poursuivant croit, selon le cas, que cette partie :

a) pourrait compromettre la confidentialité de l’identité d’un informateur;

b) pourrait compromettre la nature et l’étendue des enquêtes en cours;

c) pourrait mettre en danger ceux qui pratiquent des techniques secrètes d’obtention de renseignements et compromettre ainsi la tenue d’enquêtes ultérieures au cours desquelles de telles techniques seraient utilisées;

d) pourrait causer un préjudice à un innocent.

Copies remises au prévenu

(5) Une copie des documents, après avoir été ainsi révisée par le poursuivant, est remise au prévenu.

Original

(6) Une fois que le prévenu a reçu la copie, l’original est replacé dans le paquet, qui est scellé, et le poursuivant conserve une copie révisée des documents et une copie de l’original.

Parties supprimées

(7) Le prévenu à qui une copie révisée a été remise peut demander au juge devant lequel se tient le procès de rendre une ordonnance lui permettant de prendre connaissance de toute partie supprimée par le poursuivant; le juge accède à la demande si, à son avis, la partie ainsi supprimée est nécessaire pour permettre au prévenu de présenter une réponse et défense pleine et entière lorsqu’un résumé judiciaire serait insuffisant.

L.R. (1985), ch. C-46, art. 187; L.R. (1985), ch. 27 (1er suppl.), art. 24; 1993, ch. 40, art. 7; 2005, ch. 10, art. 24.

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Demandes à des juges spécialement désignés

188. (1) Par dérogation à l’article 185, une demande d’autorisation visée au présent article peut être présentée ex parte à un juge d’une cour supérieure de juridiction criminelle ou à un juge au sens de l’article 552, désigné par le juge en chef, par un agent de la paix spécialement désigné par écrit, nommément ou autrement, pour l’application du présent article par :

a) le ministre de la Sécurité publique et de la Protection civile, si l’infraction faisant l’objet de l’enquête est une infraction pour laquelle des poursuites peuvent, le cas échéant, être engagées sur l’instance du gouvernement du Canada et conduites par le procureur général du Canada ou en son nom;

b) le procureur général d’une province, pour toute autre infraction se situant dans cette province,

si l’urgence de la situation exige que l’interception de communications privées commence avant qu’il soit possible, avec toute la diligence raisonnable, d’obtenir une autorisation en vertu de l’article 186.

Autorisations en cas d’urgence

(2) Lorsque le juge auquel une demande est présentée en application du paragraphe (1) est convaincu que l’urgence de la situation exige que l’interception de communications privées commence avant qu’il soit possible, avec toute la diligence raisonnable, d’obtenir une autorisation en vertu de l’article 186, il peut, selon les modalités qu’il estime à propos le cas échéant, donner une autorisation écrite pour une période maximale de trente-six heures.

(3) [Abrogé, 1993, ch. 40, art. 8]

Définition de « juge en chef »

(4) Au présent article, « juge en chef » désigne :

a) dans la province d’Ontario, le juge en chef de la Cour de l’Ontario;

b) dans la province de Québec, le juge en chef de la Cour supérieure;

c) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, le juge en chef de la Cour suprême;

d) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, le juge en chef de la Cour du Banc de la Reine;

e) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, le juge en chef de la Cour suprême, Section de première instance;

f) au Yukon, dans les Territoires du Nord-Ouest et au Nunavut, le juge principal, au sens du paragraphe 22(3) de la Loi sur les juges.

Irrecevabilité de la preuve

(5) Le juge qui préside le procès peut juger irrecevable la preuve obtenue par voie d’interception d’une communication privée en application d’une autorisation subséquente donnée sous le régime du présent article, s’il conclut que la demande de cette autorisation subséquente était fondée sur les mêmes faits et comportait l’interception des communications privées de la même ou des mêmes personnes, ou se rapportait à la même infraction, constituant le fondement de la demande de la première autorisation.

L.R. (1985), ch. C-46, art. 188; L.R. (1985), ch. 27 (1er suppl.), art. 25 et 185(F), ch. 27 (2e suppl.), art. 10; 1990, ch. 17, art. 10; 1992, ch. 1, art. 58, ch. 51, art. 35; 1993, ch. 40, art. 8; 1999, ch. 3, art. 28; 2002, ch. 7, art. 140; 2005, ch. 10, art. 34.

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Exécution des actes autorisés

188.1 (1) Sous réserve du paragraphe (2), l’interception des communications privées autorisée en vertu des articles 184.2, 184.3, 186 ou 188 peut être exécutée en tout lieu du Canada.

Exécution dans une autre province

(2) Dans le cas où une autorisation visée aux articles 184.2, 184.3, 186 ou 188 est accordée dans une province alors qu’il est raisonnable de croire que l’exécution des actes autorisés se fera dans une autre province et qu’elle obligera à pénétrer dans une propriété privée située dans cette autre province ou à rendre une ordonnance en vertu de l’article 487.02 à l’égard d’une personne s’y trouvant, un juge de cette dernière, selon le cas, peut, sur demande, confirmer l’autorisation. Une fois confirmée, l’autorisation est exécutoire dans l’autre province.

1993, ch. 40, art. 9.

Immunité

188.2 Quiconque agit en conformité avec une autorisation ou en vertu des articles 184.1 ou 184.4 ou aide, de bonne foi, une personne qu’il croit, en se fondant sur des motifs raisonnables, agir ainsi bénéficie de l’immunité en matière civile ou pénale pour les actes raisonnablement accomplis dans le cadre de l’autorisation ou de l’article en cause.

1993, ch. 40, art. 9.

189. (1) à (4) [Abrogés, 1993, ch. 40, art. 10]

Admissibilité en preuve des communications privées

(5) Le contenu d’une communication privée obtenue au moyen d’une interception exécutée conformément à la présente partie ou à une autorisation accordée sous son régime ne peut être admis en preuve que si la partie qui a l’intention de la produire a donné au prévenu un préavis raisonnable de son intention de ce faire accompagné :

a) d’une transcription de la communication privée, lorsqu’elle sera produite sous forme d’enregistrement, ou d’une déclaration donnant tous les détails de la communication privée, lorsque la preuve de cette communication sera donnée de vive voix;

b) d’une déclaration relative à l’heure, à la date et au lieu de la communication privée et aux personnes y ayant pris part, si elles sont connues.

Exemption de communication d’une preuve

(6) Tout renseignement obtenu par une interception et pour lequel, si ce n’était l’interception, il y aurait eu exemption de communication, demeure couvert par cette exemption et n’est pas admissible en preuve sans le consentement de la personne jouissant de l’exemption.

L.R. (1985), ch. C-46, art. 189; 1993, ch. 40, art. 10.

Détails complémentaires

190. Lorsqu’un prévenu a reçu un préavis en application du paragraphe 189(5), tout juge du tribunal devant lequel se tient ou doit se tenir le procès du prévenu peut, à tout moment, ordonner que des détails complémentaires soient fournis relativement à la communication privée que l’on a l’intention de présenter en preuve.

1973-74, ch. 50, art. 2.

Possession, etc.

191. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque possède, vend ou achète un dispositif électromagnétique, acoustique, mécanique ou autre ou un élément ou une pièce de celui-ci, sachant que leur conception les rend principalement utiles à l’interception clandestine de communications privées.

Exemptions

(2) Le paragraphe (1) ne s’applique pas aux personnes suivantes :

a) un officier de police ou un agent de police en possession d’un dispositif, d’un élément ou d’une pièce visés au paragraphe (1) dans l’exercice de ses fonctions;

b) une personne en possession d’un dispositif, d’un élément ou d’une pièce visés au paragraphe (1) qu’elle a l’intention d’utiliser lors d’une interception qui est faite ou doit être faite en conformité avec une autorisation;

b.1) une personne en possession d’un dispositif, d’un élément ou d’une pièce d’un dispositif, sous la direction d’un officier de police ou d’un agent de police, afin de l’aider dans l’exercice de ses fonctions;

c) un fonctionnaire ou préposé de Sa Majesté du chef du Canada ou un membre des Forces canadiennes en possession d’un dispositif, d’un élément ou d’une pièce visés au paragraphe (1) dans l’exercice de ses fonctions en tant que fonctionnaire, préposé ou membre, selon le cas;

d) toute autre personne en possession d’un dispositif, d’un élément ou d’une pièce visés au paragraphe (1) en vertu d’un permis délivré par le ministre de la Sécurité publique et de la Protection civile.

Modalités d’un permis

(3) Un permis délivré pour l’application de l’alinéa (2) d) peut énoncer les modalités relatives à la possession, la vente ou l’achat d’un dispositif, d’un élément ou d’une pièce visés au paragraphe (1) que le ministre de la Sécurité publique et de la Protection civile peut prescrire.

L.R. (1985), ch. C-46, art. 191; L.R. (1985), ch. 27 (1er suppl.), art. 26; 2005, ch. 10, art. 34.

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Confiscation

192. (1) Lorsqu’une personne est déclarée coupable d’une infraction prévue à l’article 184 ou 191, tout dispositif électromagnétique, acoustique, mécanique ou autre au moyen duquel l’infraction a été commise ou dont la possession a constitué l’infraction peut, après cette déclaration de culpabilité et en plus de toute peine qui est imposée, être par ordonnance confisqué au profit de Sa Majesté, après quoi il peut en être disposé conformément aux instructions du procureur général.

Restriction

(2) Aucune ordonnance de confiscation ne peut être rendue en vertu du paragraphe (1) relativement à des installations ou du matériel de communications téléphoniques, télégraphiques ou autres qui sont la propriété d’une personne fournissant au public un service de communications téléphoniques, télégraphiques ou autres ou qui font partie du service ou réseau de communications téléphoniques, télégraphiques ou autres d’une telle

personne et au moyen desquels une infraction prévue à l’article 184 a été commise, si cette personne n’a pas participé à l’infraction.

1973-74, ch. 50, art. 2.

Divulgation de renseignements

193. (1) Lorsqu’une communication privée a été interceptée au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre sans le consentement, exprès ou tacite, de son auteur ou de la personne à laquelle son auteur la destinait, quiconque, selon le cas :

a) utilise ou divulgue volontairement tout ou partie de cette communication privée, ou la substance, le sens ou l’objet de tout ou partie de celle-ci;

b) en divulgue volontairement l’existence,

sans le consentement exprès de son auteur ou de la personne à laquelle son auteur la destinait, est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

Exemptions

(2) Le paragraphe (1) ne s’applique pas à une personne qui divulgue soit tout ou partie d’une communication privée, ou la substance, le sens ou l’objet de tout ou partie de celle­ ci, soit l’existence d’une communication privée :

a) au cours ou aux fins d’une déposition lors de poursuites civiles ou pénales ou de toutes autres procédures dans lesquelles elle peut être requise de déposer sous serment;

b) au cours ou aux fins d’une enquête en matière pénale, si la communication privée a été interceptée légalement;

c) en donnant le préavis visé à l’article 189 ou en fournissant des détails complémentaires en application d’une ordonnance rendue en vertu de l’article 190;

d) au cours de l’exploitation :

(i) soit d’un service de communications téléphoniques, télégraphiques ou autres à l’usage du public,

(ii) soit d’un ministère ou organisme du gouvernement du Canada,

(iii) soit d’un service de gestion ou de protection d’un ordinateur - au sens du paragraphe 342.1(2) —,

si la divulgation est nécessairement accessoire à une interception visée aux alinéas 184(2) c), d) ou e);

e) lorsque la divulgation est faite à un agent de la paix ou à un poursuivant au Canada ou à une personne ou un organisme étranger chargé de la recherche ou de la poursuite des infractions et vise à servir l’administration de la justice au Canada ou ailleurs;

f) lorsque la divulgation est faite au directeur du Service canadien du renseignement de sécurité ou à un employé du Service et vise à permettre au Service d’exercer les fonctions qui lui sont conférées en vertu de l’article 12 de la Loi sur le Service canadien du renseignement de sécurité.

Publication d’une divulgation légale antérieure

(3) Le paragraphe (1) ne s’applique pas aux personnes qui rapportent une communication privée, en tout ou en partie, ou qui en divulguent la substance, le sens ou l’objet, ou encore, qui en révèlent l’existence lorsque ce qu’elles révèlent avait déjà été légalement divulgué auparavant au cours d’un témoignage ou dans le but de témoigner dans les procédures visées à l’alinéa (2)a).

L.R. (1985), ch. C-46, art. 193; L.R. (1985), ch. 30 (4e suppl.), art. 45; 1993, ch. 40, art. 11; 2004, ch. 12, art. 5.

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Divulgation de renseignements obtenus par suite de l’interception d’une communication radiotéléphonique

193.1 (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque utilise ou divulgue volontairement une communication radiotéléphonique, ou en divulgue volontairement l’existence, si :

a) l’auteur de la communication ou la personne à laquelle celui-ci la destinait se trouvait au Canada lorsqu’elle a été faite;

b) la communication a été interceptée au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, sans le consentement, exprès ou tacite, de son auteur ou de la personne à laquelle celui-ci la destinait;

c) le consentement, exprès ou tacite, de l’auteur de la communication ou de la personne à laquelle celui-ci la destinait n’a pas été obtenu.

Autres dispositions applicables

(2) Les paragraphes 193(2) et (3) s’appliquent, avec les adaptations nécessaires, à la divulgation de la communication radiotéléphonique.

1993, ch. 40, art. 12.

Dommages

194. (1) Sous réserve du paragraphe (2), un tribunal qui déclare un accusé coupable d’une infraction prévue aux articles 184, 184.5, 193 ou 193.1 peut, sur demande d’une personne lésée, ordonner à l’accusé, lors du prononcé de la sentence, de payer à cette personne des dommages-intérêts punitifs n’excédant pas cinq mille dollars.

Pas de dommages-intérêts lorsque des poursuites civiles sont engagées

(2) Nul ne peut être condamné, en vertu du paragraphe (1), à payer une somme quelconque à une personne qui a intenté une action en vertu de la partie II de la Loi sur la responsabilité de l’État.

Le jugement peut être enregistré

(3) Lorsqu’une somme dont le paiement est ordonné en vertu du paragraphe (1) n’est pas versée immédiatement, le requérant peut faire enregistrer l’ordonnance à la cour supérieure de la province où le procès a eu lieu comme s’il s’agissait d’un jugement ordonnant le paiement de la somme y indiquée, et ce jugement est exécutoire contre l’accusé comme s’il s’agissait d’un jugement rendu contre lui par ce tribunal dans des poursuites civiles.

Les fonds se trouvant en la possession de l’accusé peuvent être pris

(4) Tout ou partie d’une somme dont le paiement est ordonné en vertu du paragraphe (1) peut être prélevé sur les fonds trouvés en la possession de l’accusé au moment de son arrestation, sauf en cas de contestation de la propriété ou du droit de possession de ces fonds de la part de réclamants autres que l’accusé.

L.R. (1985), ch. C-46, art. 194; 1993, ch. 40, art. 13.

Rapport annuel

195. (1) Le ministre de la Sécurité publique et de la Protection civile établit, chaque année, aussitôt que possible, un rapport relatif :

a) aux autorisations dont lui-même et les mandataires, dont le nom doit apparaître au rapport, spécialement désignés par lui, par écrit, pour l’application de l’article 185 ont fait la demande;

b) aux autorisations données en vertu de l’article 188 qui ont été demandées par des agents de la paix, dont le nom doit apparaître au rapport, spécialement désignés par lui pour l’application de cet article,

et aux interceptions faites en vertu de ces autorisations au cours de l’année précédente.

Renseignements concernant des autorisations

(2) Le rapport mentionné au paragraphe (1) indique, en ce qui concerne les autorisations et les interceptions faites en vertu de celles-ci :

a) le nombre de demandes d’autorisation qui ont été présentées;

b) le nombre de demandes de renouvellement des autorisations qui ont été présentées;

c) le nombre de demandes visées aux alinéas a) et b) qui ont été acceptées, le nombre de ces demandes qui ont été refusées et le nombre de demandes visées à l’alinéa a) qui ont été acceptées sous certaines conditions;

d) le nombre de personnes dont l’identité est indiquée dans une autorisation et contre lesquelles des poursuites ont été intentées sur l’instance du procureur général du Canada relativement :

(i) à une infraction spécifiée dans l’autorisation,

(ii) à une infraction autre qu’une infraction spécifiée dans l’autorisation mais pour laquelle une autorisation peut être donnée,

(iii) à une infraction pour laquelle une autorisation ne peut être donnée;

e) le nombre de personnes dont l’identité n’est pas indiquée dans une autorisation et contre lesquelles des poursuites ont été intentées sur l’instance du procureur général du Canada relativement :

(i) à une infraction spécifiée dans une telle autorisation,

(ii) à une infraction autre qu’une infraction spécifiée dans une telle autorisation mais pour laquelle une autorisation peut être donnée,

(iii) à une infraction autre qu’une infraction spécifiée dans une telle autorisation et pour laquelle aucune autorisation de ce genre ne peut être donnée,

lorsque la perpétration ou prétendue perpétration de l’infraction par cette personne est arrivée à la connaissance d’un agent de la paix par suite de l’interception d’une communication privée en vertu d’une autorisation;

f) la durée moyenne de validité des autorisations et des renouvellements de ces autorisations;

g) le nombre d’autorisations qui, en raison d’un ou de plusieurs renouvellements, ont été valides pendant plus de soixante jours, plus de cent vingt jours, plus de cent quatre-vingts jours et plus de deux cent quarante jours;

h) le nombre d’avis donnés conformément à l’article 196;

i) les infractions relativement auxquelles des autorisations ont été données, en spécifiant le nombre d’autorisations données pour chacune de ces infractions;

j) une description de tous les genres de lieux spécifiés dans les autorisations et le nombre d’autorisations dans lesquelles chacun d’eux a été spécifié;

k) une description sommaire des méthodes d’interception utilisées pour chaque interception faite en vertu d’une autorisation;

l) le nombre de personnes arrêtées, dont l’identité est arrivée à la connaissance d’un agent de la paix par suite d’une interception faite en vertu d’une autorisation;

m) le nombre de poursuites pénales engagées sur l’instance du procureur général du Canada, dans lesquelles des communications privées révélées par une interception faite en vertu d’une autorisation ont été produites en preuve et le nombre de ces poursuites qui ont entraîné une condamnation;

n) le nombre d’enquêtes en matière pénale au cours desquelles des renseignements obtenus par suite de l’interception d’une communication privée faite en vertu d’une autorisation ont été utilisés, bien que la communication privée n’ait pas été produite en preuve dans des poursuites pénales intentées sur l’instance du procureur général du Canada par suite des enquêtes.

Autres renseignements

(3) Le rapport mentionné au paragraphe (1) contient, outre les renseignements mentionnés au paragraphe (2) :

a) le nombre de poursuites intentées contre des fonctionnaires ou préposés de Sa Majesté du chef du Canada ou des membres des Forces canadiennes pour des infractions prévues aux articles 184 ou 193;

b) une évaluation d’ensemble de l’importance de l’interception des communications privées pour le dépistage, la prévention et la poursuite des infractions au Canada, et les enquêtes y relatives.

Le rapport est déposé devant le Parlement

(4) Le ministre de la Sécurité publique et de la Protection civile fait déposer devant le Parlement une copie de chaque rapport qu’il a établi en vertu du paragraphe (1) dès qu’il

est terminé ou, si le Parlement ne siège pas à ce moment-là, dans les quinze premiers jours de séance ultérieurs.

Rapport par les procureurs généraux

(5) Le procureur général de chaque province établit et publie chaque année, aussitôt que possible, ou autrement met à la disposition du public, un rapport relatif :

a) aux autorisations dont lui-même et les mandataires spécialement désignés par lui, par écrit, pour l’application de l’article 185 ont fait la demande;

b) aux autorisations données en vertu de l’article 188 qui ont été demandées par des agents de la paix spécialement désignés par lui pour l’application de cet article,

et aux interceptions faites en vertu de ces autorisations au cours de l’année précédente, contenant les renseignements visés aux paragraphes (2) et (3), compte tenu des adaptations de circonstance.

L.R. (1985), ch. C-46, art. 195; L.R. (1985), ch. 27 (1er suppl.), art. 27; 2005, ch. 10, art. 34.

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Avis à donner par écrit

196. (1) Le procureur général de la province où une demande a été présentée conformément au paragraphe 185(1) ou le ministre de la Sécurité publique et de la Protection civile, dans le cas où la demande a été présentée par lui ou en son nom, avise par écrit, dans les quatre-vingt-dix jours qui suivent la période pour laquelle l’autorisation a été donnée ou renouvelée ou au cours de toute autre période fixée en vertu du paragraphe 185(3) ou du paragraphe (3) du présent article, la personne qui a fait l’objet de l’interception en vertu de cette autorisation et, de la façon prescrite par règlement pris par le gouverneur en conseil, certifie au tribunal qui a accordé l’autorisation que cette personne a été ainsi avisée.

Prolongation du délai

(2) Il y a interruption du délai mentionné au paragraphe (1) jusqu’à ce qu’il soit décidé de toute demande présentée, par le procureur général ou le ministre à un juge d’une cour supérieure de juridiction criminelle ou à un juge au sens de l’article 552, en vue d’une prolongation — initiale ou ultérieure — de la période pour laquelle l’autorisation a été donnée ou renouvelée.

Cas où la prolongation est accordée

(3) Le juge saisi de la demande visée au paragraphe (2) doit, s’il est convaincu par la déclaration sous serment appuyant la demande :

a) soit que l’enquête au sujet de l’infraction visée par l’autorisation;

b) soit que toute enquête subséquente à l’égard d’une infraction mentionnée à l’article 183 entreprise en raison de renseignements obtenus lors de l’enquête visée à l’alinéa a),

continue et que les intérêts de la justice justifient qu’il l’accepte, accorder une prolongation — initiale ou ultérieure — de la période, d’une durée maximale de trois ans.

Demande accompagnée d’un affidavit

(4) La demande visée au paragraphe (2) est accompagnée d’un affidavit indiquant ce qui suit :

a) les faits connus du déclarant ou auxquels il croit et sur lesquels il se fonde pour justifier qu’à son avis il y a lieu d’accorder une prolongation;

b) le nombre de cas, s’il y a lieu, où une demande, à la connaissance du déclarant ou selon ce qu’il croit, a été faite en vertu de ce paragraphe au sujet de cette autorisation et où la demande a été retirée ou refusée, la date de chacune de ces demandes et le juge auquel chacune a été présentée.

Exception dans le cas d’une organisation criminelle ou d’une infraction de terrorisme

(5) Par dérogation aux paragraphes (3) et 185(3), le juge saisi de la demande visée aux paragraphes (2) ou 185(2) doit accorder une prolongation — initiale ou ultérieure — de la période, d’une durée maximale de trois ans, s’il est convaincu par l’affidavit appuyant la demande que l’autorisation vise les éléments suivants et que les intérêts de la justice justifient la prolongation :

a) une infraction prévue aux articles 467.11, 467.12 ou 467.13;

b) une infraction commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

c) une infraction de terrorisme.

L.R. (1985), ch. C-46, art. 196; L.R. (1985), ch. 27 (1er suppl.), art. 28; 1993, ch. 40, art. 14; 1997, ch. 23, art. 7; 2001, ch. 32, art. 8, ch. 41, art. 8 et 133; 2005, ch. 10, art. 25.

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PARTIE VII

MAISONS DE DÉSORDRE, JEUX ET PARIS Définitions et interprétation Définitions

197. (1) Les définitions qui suivent s’appliquent à la présente partie.

« endroit public »

“public place”

« endroit public » Tout lieu auquel le public a accès de droit ou sur invitation, expresse ou implicite.

« jeu »

“game”

« jeu » Jeu de hasard ou jeu où se mêlent le hasard et l’adresse.

« local » ou « endroit »

“place”

« local » ou « endroit » Tout local ou endroit :

a) qu’il soit ou non couvert ou enclos;

b) qu’il soit ou non employé en permanence ou temporairement;

c) qu’une personne ait ou non un droit exclusif d’usage à son égard.

« maison de débauche »

“common bawdy-house”

« maison de débauche » Local qui, selon le cas :

a) est tenu ou occupé;

b) est fréquenté par une ou plusieurs personnes,

à des fins de prostitution ou pour la pratique d’actes d’indécence.

« maison de désordre »

“disorderly house”

« maison de désordre » Maison de débauche, maison de pari ou maison de jeu.

« maison de jeu »

“common gaming house”

« maison de jeu » Selon le cas :

a) local tenu pour fins de gain et fréquenté par des personnes pour se livrer au jeu;

b) local tenu ou employé pour y pratiquer des jeux et où, selon le cas :

(i) une banque est tenue par un ou plusieurs joueurs, mais non par tous,

(ii) la totalité ou une partie des paris sur un jeu, ou du produit d’un jeu, est versée, directement ou indirectement, au tenancier du local,

(iii) directement ou indirectement, un droit est exigé des joueurs ou versé par eux pour le privilège de jouer à un jeu, ou d’y participer ou d’employer le matériel de jeu,

(iv) les chances de gagner ne sont pas également favorables à toutes les personnes qui pratiquent le jeu, y compris la personne, s’il en est, qui dirige le jeu.

« maison de pari »

“common betting house”

« maison de pari » Local ouvert, gardé ou employé aux fins de permettre :

a) ou bien aux personnes qui le fréquentent de parier entre elles ou avec le tenancier, ou de les y encourager ou aider;

b) ou bien à une personne de recevoir, d’enregistrer, d’inscrire, de transmettre ou de payer des paris ou d’en annoncer les résultats.

« matériel de jeu »

“gaming equipment”

« matériel de jeu » Tout ce qui est ou peut être employé en vue de pratiquer des jeux ou pour le pari.

« pari »

“bet”

« pari » Pari placé sur une contingence ou un événement qui doit se produire au Canada ou à l’étranger et, notamment, un pari placé sur une éventualité relative à une course de chevaux, à un combat, à un match ou à un événement sportif qui doit avoir lieu au Canada ou à l’étranger.

« prostitué »

“prostitute”

« prostitué » Personne de l’un ou l’autre sexe qui se livre à la prostitution.

« tenancier »

“keeper”

« tenancier » S’entend notamment d’une personne qui, selon le cas :

a) est un propriétaire ou occupant d’un local;

b) aide un propriétaire ou occupant d’un local ou agit pour son compte;

c) paraît être propriétaire ou occupant d’un local ou paraît lui aider ou agir pour son compte;

d) a le soin ou l’administration d’un local;

e) emploie un local, de façon permanente ou temporaire, avec ou sans le consentement du propriétaire ou de l’occupant.

Exception

(2) Un local n’est pas une maison de jeu au sens de l’alinéa a) ou du sous-alinéa b)(ii) ou (iii) de la définition de « maison de jeu » au paragraphe (1) pendant qu’il est occupé et utilisé par un club social authentique constitué en personne morale ou par une succursale d’un tel club, si :

a) d’une part, la totalité ou une partie des paris sur des jeux qui y sont pratiqués ou sur des recettes de ces jeux n’est pas directement ou indirectement payée au tenancier de ce local;

b) d’autre part, aucune cotisation n’est exigée des personnes pour le droit ou privilège de participer aux jeux qui y sont pratiqués autrement que sous l’autorité et en conformité avec les modalités d’un permis délivré par le procureur général de la province où le local est situé ou par telle autre personne ou autorité, dans la province, que peut spécifier le procureur général de cette province.

Preuve

(3) Il incombe à l’accusé de prouver que, d’après le paragraphe (2), un local n’est pas une maison de jeu.

Quand un jeu est pratiqué partiellement sur les lieux

(4) Un local peut être une maison de jeu :

a) même s’il est employé pour y jouer une partie d’un jeu alors qu’une autre partie du jeu est tenue ailleurs;

b) même si l’enjeu pour lequel on joue est en un autre local;

c) même s’il n’est utilisé qu’une seule fois de la façon visée à l’alinéa b) de la définition de « maison de jeu » au paragraphe (1), si le tenancier ou une autre personne agissant pour son compte ou de concert avec lui, a utilisé un autre endroit dans une autre occasion de la façon visée à cet alinéa.

L.R. (1985), ch. C-46, art. 197; L.R. (1985), ch. 27 (1er suppl.), art. 29.

Présomptions Présomptions

198. (1) Dans les poursuites engagées en vertu de la présente partie :

a) la preuve qu’un agent de la paix qui était autorisé à pénétrer dans un local en a été volontairement empêché, ou que son entrée a été volontairement gênée ou retardée, constitue, en l’absence de toute preuve contraire, une preuve que le local est une maison de désordre;

b) la preuve qu’un local a été trouvé muni d’un matériel de jeu, ou d’un dispositif pour cacher, enlever ou détruire un tel matériel, constitue, en l’absence de toute preuve contraire, une preuve que le local est une maison de jeu ou une maison de pari, selon le cas;

c) la preuve qu’un matériel de jeu a été découvert dans un local où l’on est entré sous l’autorité d’un mandat émis selon la présente partie, ou sur la personne de tout individu y trouvé, ou auprès de cette personne, constitue, en l’absence de toute preuve contraire, une

preuve que le local est une maison de jeu et que les personnes y trouvées pratiquaient des jeux, que celui qui agit sous l’autorité du mandat ait observé ou non des personnes en train d’y pratiquer des jeux;

d) la preuve qu’une personne a été déclarée coupable d’avoir tenu une maison de désordre constitue, aux fins de poursuites contre quiconque est soupçonné d’avoir habité la maison ou d’y avoir été trouvé, au moment où la personne a commis l’infraction dont elle a été déclarée coupable, en l’absence de toute preuve contraire, une preuve que la maison était alors une maison de désordre.

Présomption découlant d’un appareil à sous

(2) Aux fins des poursuites engagées en vertu de la présente partie, un local que l’on trouve muni d’un appareil à sous est de façon concluante présumé une maison de jeu.

Définition de « appareil à sous »

(3) Au paragraphe (2), « appareil à sous » désigne toute machine automatique ou appareil à sous :

a) employé ou destiné à être employé pour toute fin autre que la vente de marchandises ou de services;

b) employé ou destiné à être employé pour la vente de marchandises ou de services si, selon le cas :

(i) le résultat de l’une de n’importe quel nombre d’opérations de la machine est une affaire de hasard ou d’incertitude pour l’opérateur,

(ii) en conséquence d’un nombre donné d’opérations successives par l’opérateur, l’appareil produit des résultats différents,

(iii) lors d’une opération quelconque de l’appareil, celui-ci émet ou laisse échapper des piécettes ou jetons.

La présente définition exclut une machine automatique ou un appareil à sous qui ne donne en prix qu’une ou plusieurs parties gratuites.

S.R., ch. C-34, art. 180; 1974-75-76, ch. 93, art. 10.

Perquisition Mandat de perquisition

199. (1) Un juge de paix convaincu, par une dénonciation sous serment, qu’il existe des motifs raisonnables de croire qu’une infraction visée à l’article 201, 202, 203, 206, 207

ou 210 se commet à quelque endroit situé dans son ressort, peut délivrer un mandat sous sa signature, autorisant un agent de la paix à entrer et perquisitionner dans cet endroit, de jour ou de nuit, et à saisir toute chose y trouvée qui peut constituer une preuve qu’une infraction visée à l’un de ces articles se commet à cet endroit, et à mettre sous garde toutes les personnes trouvées à cet endroit ou dans cet endroit, et requérant que ces personnes soient conduites et ces choses apportées devant lui ou devant un autre juge de paix compétent, afin qu’elles soient traitées selon la loi.

Perquisition sans mandat, saisie et arrestation

(2) Qu’il agisse ou non en vertu d’un mandat émis par application du présent article, un agent de la paix peut mettre sous garde une personne qu’il trouve tenant une maison de jeu et toute personne qu’il y découvre, et saisir toute chose susceptible de constituer une preuve qu’une telle infraction se commet, et il doit conduire ces personnes et apporter ces choses devant un juge de paix compétent, afin qu’elles soient traitées selon la loi.

Disposition des biens saisis

(3) Sauf lorsque la loi prescrit expressément le contraire, un tribunal, juge, juge de paix ou juge de la cour provinciale devant qui une chose saisie aux termes du présent article est apportée peut déclarer que la chose est confisquée, auquel cas il doit en être disposé comme peut l’ordonner le procureur général si personne n’établit par des motifs suffisants pourquoi cette chose ne devrait pas être confisquée.

Quand la déclaration peut être faite ou l’ordonnance rendue

(4) Aucune déclaration ne peut être faite ni aucune ordonnance rendue aux termes du paragraphe (3) à l’égard d’une chose saisie en vertu du présent article :

a) avant que cette chose ait cessé d’être requise comme preuve dans quelque procédure intentée par suite de la saisie;

b) avant l’expiration de trente jours à compter du moment de la saisie, lorsque cette chose n’est pas requise comme preuve dans des procédures.

Réalisation

(5) Le procureur général peut, en vue de réaliser un bien confisqué en vertu du présent article, en disposer à tous égards comme s’il en était le propriétaire.

Téléphones exempts de saisie

(6) Le présent article et l’article 489 n’ont pas pour effet d’autoriser la saisie, la confiscation ou la destruction d’installations ou de matériel de téléphone, télégraphe ou autre moyen de communication, qui peuvent servir à prouver qu’une infraction visée à l’article 201, 202, 203, 206, 207 ou 210 a été commise ou qui peuvent avoir servi à la

commettre et qui sont la propriété d’une personne qui assure un service de téléphone, de télégraphe ou autre service de communication offerts au public, ou qui font partie du service ou réseau de téléphone, de télégraphe ou autre service ou réseau de communication d’une telle personne.

Exception

(7) Le paragraphe (6) n’a pas pour effet d’interdire la saisie, pour utilisation à titre de preuve, d’une installation ou de matériel mentionnés à ce paragraphe et qui sont conçus ou adaptés pour enregistrer une communication.

L.R. (1985), ch. C-46, art. 199; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1994, ch. 44, art. 10.

Entrave à l’exécution d’un mandat 200. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 30]

Jeux et paris Tenancier d’une maison de jeu ou de pari

201. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque tient une maison de jeu ou une maison de pari.

Personne trouvée dans une maison de jeu ou qui tolère le jeu

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, selon le cas :

a) est trouvé, sans excuse légitime, dans une maison de jeu ou une maison de pari;

b) en qualité de possesseur, propriétaire, locateur, locataire, occupant ou agent, permet sciemment qu’un endroit soit loué ou utilisé pour des fins de maison de jeu ou de pari.

S.R., ch. C-34, art. 185.

Gageure, bookmaking, etc.

202. (1) Commet une infraction quiconque, selon le cas :

a) emploie ou sciemment permet qu’on emploie un local sous son contrôle dans le dessein d’inscrire ou d’enregistrer des paris ou de vendre une mise collective;

b) importe, fait, achète, vend, loue, prend à bail ou garde, expose, emploie ou sciemment permet que soit gardé, exposé ou employé, dans quelque endroit sous son contrôle, un dispositif ou appareil destiné à inscrire ou à enregistrer des paris ou la vente d’une mise collective, ou une machine ou un dispositif de jeu ou de pari;

c) a sous son contrôle une somme d’argent ou d’autres biens relativement à une opération qui constitue une infraction visée par le présent article;

d) inscrit ou enregistre les paris ou vend une mise collective;

e) se livre au bookmaking ou à la vente d’une mise collective, ou à l’entreprise ou à la profession de parieur, ou fait quelque convention pour l’achat ou la vente de privilèges de pari ou de jeu, ou pour l’achat ou la vente de renseignements destinés à aider au bookmaking, à la vente d’une mise collective ou au pari;

f) imprime, fournit ou offre d’imprimer ou de fournir des renseignements destinés à servir au bookmaking, à la vente d’une mise collective ou au pari sur quelque course de chevaux, combat, jeu ou sport, que cette course, ce combat, jeu ou sport ait lieu au Canada ou à l’étranger, ou qu’il ait eu lieu ou non;

g) importe ou introduit au Canada tout renseignement ou écrit destiné ou de nature à favoriser ou servir le jeu, le bookmaking, la vente d’une mise collective ou les paris sur une course de chevaux, un combat, un jeu ou un sport, et, lorsque le présent alinéa s’applique, il est sans conséquence :

(i) que le renseignement soit publié avant, pendant ou après la course, le combat, le jeu ou le sport,

(ii) que la course, le combat, le jeu ou le sport ait lieu au Canada ou à l’étranger;

toutefois, le présent alinéa ne s’applique pas à un journal, magazine ou autre périodique publié de bonne foi principalement pour un autre objet que la publication de ces renseignements;

h) annonce, imprime, publie, expose, affiche ou autrement fait connaître une offre, invitation ou incitation à parier sur le résultat d’une partie disputée, ou sur un résultat ou une éventualité concernant une partie disputée, ou à conjecturer ce résultat ou à le prédire;

i) volontairement et sciemment envoie, transmet, livre ou reçoit quelque message donnant quelque renseignement sur le bookmaking, la vente d’une mise collective ou les paris ou gageures, ou destiné à aider au bookmaking, à la vente d’une mise collective ou aux paris ou gageures;

j) aide ou assiste, de quelque façon, à une chose qui constitue une infraction visée par le présent article.

Peine

(2) Quiconque commet une infraction prévue par le présent article est coupable d’un acte criminel et passible :

a) d’un emprisonnement maximal de deux ans pour la première infraction;

b) d’un emprisonnement de quatorze jours à deux ans pour la deuxième infraction;

c) d’un emprisonnement de trois mois à deux ans pour chaque récidive.

L.R. (1985), ch. C-46, art. 202; 2008, ch. 18, art. 5.

Version précédente

Placer des paris pour quelqu’un d’autre

203. Quiconque, selon le cas :

a) place, offre ou convient de placer un pari pour le compte d’une autre personne moyennant paiement d’une contrepartie par elle ou en son nom;

b) se livre à l’activité ou la pratique qui consiste à placer ou à convenir de placer des paris pour le compte d’autres personnes, même sans contrepartie;

c) prétend ou laisse croire qu’il se livre à l’activité ou à la pratique qui consiste à placer ou à convenir de placer des paris pour le compte d’autres personnes, même sans contrepartie,

est coupable d’un acte criminel et passible :

d) d’un emprisonnement maximal de deux ans, pour la première infraction;

e) d’un emprisonnement de quatorze jours à deux ans, pour la deuxième infraction;

f) d’un emprisonnement de trois mois à deux ans, pour chaque récidive.

S.R., ch. C-34, art. 187; 1974-75-76, ch. 93, art. 11.

Exemption

204. (1) Les articles 201 et 202 ne s’appliquent pas :

a) à une personne ou association en raison du fait qu’elle est devenue gardienne ou dépositaire de quelque argent, bien ou chose de valeur, mis en jeu, devant être payés, selon le cas :

(i) au gagnant d’une course, d’un sport, d’un jeu ou d’un exercice légitimes,

(ii) au propriétaire d’un cheval engagé dans une course légitime,

(iii) au gagnant de paris entre dix particuliers au plus;

b) à un pari privé entre des particuliers qui ne se livrent d’aucune façon à l’entreprise de parieurs;

c) aux paris faits ou aux inscriptions de paris faites par l’intermédiaire d’un système de pari mutuel sur des courses de chevaux, des courses de chevaux au trot ou à l’amble si :

(i) d’une part, les paris ou les inscriptions de paris sont faits à l’hippodrome d’une association, relativement à une course tenue à cet hippodrome ou à un autre situé au Canada ou non et, dans le cas d’une course qui se tient à un hippodrome situé à l’étranger, le ministre de l’Agriculture et de l’Agroalimentaire ou la personne qu’il désigne a, en conformité avec le paragraphe (8.1), agréé l’organisme chargé de réglementer la course et permis le pari mutuel au Canada sur cette course,

(ii) d’autre part, les dispositions du présent article et des règlements sont respectées.

Exception

(1.1) Il est entendu que tout acte visé par les articles 201 ou 202 peut s’accomplir dans le cadre du pari mutuel autorisé par la loi.

Présomption

(2) Pour l’application de l’alinéa (1)c), les paris faits soit dans une salle de paris visée à l’alinéa (8)e), soit à l’aide d’un moyen de télécommunication à l’hippodrome d’une association ou à une telle salle de paris, en conformité avec les règlements, sont réputés faits à l’hippodrome de l’association.

Fonctionnement du système de pari mutuel

(3) Aucune personne ou association ne peut utiliser un système de pari mutuel relativement à une course de chevaux, à moins que le système n’ait été approuvé par un fonctionnaire nommé par le ministre de l’Agriculture et de l’Agroalimentaire et que ce système ne soit conduit sous la surveillance de ce fonctionnaire.

Surveillance du système de pari mutuel

(4) La personne ou l’association qui exploite un système de pari mutuel en conformité avec le présent article à l’égard d’une course de chevaux, qu’elle organise ou non la réunion de courses dont fait partie la course en question, paye au receveur général un demi pour cent ou le pourcentage supérieur, jusqu’à concurrence de un pour cent fixé par

le gouverneur en conseil, du total des mises de chaque poule et de chaque poule de pari spécial tenues à l’égard de cette course.

Pourcentage qui peut être déduit ou retenu

(5) Lorsqu’une personne ou une association devient gardienne ou dépositaire de quelque argent, pari ou mise en jeu en vertu d’un système de pari mutuel, relativement à une course de chevaux, cette personne ou association ne peut déduire ni retenir aucun montant sur le total de l’argent, des paris ou des mises en jeu à moins qu’elle ne le fasse conformément au paragraphe (6).

Idem

(6) L’association qui exploite un système de pari mutuel en conformité avec le présent article, ou son mandataire, peut déduire et retenir un pourcentage, égal ou inférieur au pourcentage maximal fixé par règlement, du total des mises de chaque poule et de chaque poule de pari spécial tenues à l’égard de chaque course; cette retenue est arrondie au multiple de cinq cents supérieur.

Arrêt du pari

(7) Lorsqu’un fonctionnaire nommé par le ministre de l’Agriculture et de l’Agroalimentaire n’est pas convaincu qu’une personne ou une association observe de bonne foi les dispositions du présent article ou des règlements relativement à une réunion de courses, il peut à tout moment ordonner l’arrêt des paris relatifs à cette réunion de courses pour toute période qu’il juge à propos.

Règlements

(8) Le ministre de l’Agriculture et de l’Agroalimentaire peut, par règlement :

a) fixer, pour chaque hippodrome où se tient une réunion de courses, le nombre maximal de courses pour lequel un système de pari mutuel peut être utilisé pendant toute la réunion ou seulement durant certains jours de celle-ci et déterminer les circonstances où lui-même ou son représentant peut approuver l’utilisation de ce système pour des courses supplémentaires tenues à un hippodrome pendant une réunion de courses déterminée ou une journée déterminée de celle-ci;

b) interdire à toute personne ou association d’utiliser un système de pari mutuel à un hippodrome où se tient une réunion de courses, à l’égard d’une course qui est en sus du nombre maximal de courses fixé en conformité avec l’alinéa a) et de toute course supplémentaire, s’il y a lieu, à l’égard de laquelle l’utilisation d’un système de pari mutuel a été approuvée en conformité avec cet alinéa;

c) fixer le pourcentage maximal que peuvent déduire et retenir en vertu du paragraphe (6) les personnes ou les associations — ou leurs mandataires — qui exploitent un système de

pari mutuel sur des courses de chevaux en conformité avec le présent article et prendre des mesures concernant la détermination du pourcentage que peut déduire ou retenir une personne ou association en particulier;

d) prendre des mesures concernant le pari mutuel au Canada sur des courses de chevaux qui se tiennent à un hippodrome situé à l’étranger;

e) autoriser et régir, notamment par la délivrance de permis, la tenue de paris mutuels, et déterminer les conditions relatives à la tenue de ces paris, par une association dans une salle de paris lui appartenant, ou louée par elle, dans toute province où le lieutenant­ gouverneur en conseil, ou toute personne ou tout organisme provincial désigné par lui, a, à cette fin, délivré à l’association un permis pour la salle.

Approbation

(8.1) Le ministre de l’Agriculture et de l’Agroalimentaire ou la personne qu’il désigne peut, à l’égard d’une course de chevaux qui se tient à l’étranger :

a) agréer, pour l’application du présent article, l’organisme chargé de réglementer la course;

b) permettre le pari mutuel au Canada sur cette course.

Idem

(9) Le ministre de l’Agriculture et de l’Agroalimentaire peut prendre des règlements concernant :

a) la surveillance et la conduite de systèmes de pari mutuel en rapport avec les réunions de courses et la fixation des dates et des lieux où une association peut tenir de telles réunions;

b) le mode de calcul du montant payable pour chaque dollar parié;

c) la tenue de réunions de courses quant à la surveillance et la conduite de systèmes de pari mutuel, y compris les photos d’arrivée, le contrôle magnétoscopique et les analyses de liquides organiques prélevés sur des chevaux inscrits à une course lors de ces réunions et, dans le cas d’un cheval qui meurt pendant une course à laquelle il participe ou immédiatement avant ou après celle-ci, l’analyse de tissus prélevés sur le cadavre;

d) l’interdiction, la restriction ou la réglementation :

(i) de la possession de drogues ou de médicaments ou de matériel utilisé pour administrer des drogues ou des médicaments aux hippodromes ou près de ceux-ci,

(ii) de l’administration de drogues ou de médicaments à des chevaux qui participent à des courses lors d’une réunion de courses au cours de laquelle est utilisé un système de pari mutuel;

e) la fourniture, l’équipement et l’entretien de locaux, services ou autres installations pour la surveillance et la conduite convenables de systèmes de pari mutuel en rapport avec des réunions de courses par des associations tenant ces réunions ou par d’autres associations.

Zone de 900 m

(9.1) Pour l’application du présent article, le ministre de l’Agriculture et de l’Agroalimentaire peut à l’égard d’un hippodrome désigner une zone qui est assimilée à l’hippodrome lui-même si les conditions suivantes sont réunies :

a) la zone est contiguë à l’hippodrome;

b) chacun des points de la zone est situé à une distance égale ou inférieure à 900 m de la piste de l’hippodrome;

c) la personne ou l’association qui est propriétaire ou locataire de l’hippodrome est aussi propriétaire ou locataire de tous les biens immeubles situés dans la zone.

Infraction

(10) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque contrevient au présent article ou à ses règlements d’application ou omet de s’y conformer.

Définition de « association »

(11) Pour l’application du présent article, « association » s’entend d’une association constituée en personne morale sous le régime d’une loi fédérale ou provinciale, qui est propriétaire ou locataire d’un hippodrome, qui organise des courses de chevaux dans le cadre de son activité commerciale normale et, dans la mesure où la loi applicable l’exige, dont l’un des buts mentionnés dans son acte constitutif est la tenue de courses de chevaux.

L.R. (1985), ch. C-46, art. 204; L.R. (1985), ch. 47 (1er suppl.), art. 1; 1989, ch. 2, art. 1; 1994, ch. 38, art. 14 et 25; 2008, ch. 18, art. 6.

Version précédente

205. [Abrogé, L.R. (1985), ch. 52 (1er suppl.), art. 1]

Loteries et jeux de hasard

206. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) fait, imprime, annonce ou publie, ou fait faire, imprimer, annoncer ou publier, ou amène à faire, imprimer, annoncer ou publier quelque proposition, projet ou plan pour céder par avance, prêter, donner, vendre ou de quelque façon aliéner un bien au moyen de lots, cartes ou billets ou par tout mode de tirage;

b) vend, troque, échange ou autrement aliène, ou fait vendre, troquer, échanger ou autrement aliéner, ou amène à vendre, troquer, échanger ou autrement aliéner, ou y aide ou y contribue, ou offre de vendre, de troquer ou d’échanger un lot, une carte, un billet ou autre moyen ou système pour céder par avance, prêter, donner, vendre ou autrement aliéner quelque bien par lots ou billets ou par tout mode de tirage;

c) sciemment envoie, transmet, dépose à la poste, expédie, livre ou permet que soit envoyé, transmis, déposé à la poste, expédié ou livré, ou sciemment accepte de porter ou transporter, ou transporte tout article qui est employé ou destiné à être employé dans l’exploitation d’un moyen, projet, système ou plan pour céder par avance, prêter, donner, vendre ou autrement aliéner quelque bien par tout mode de tirage;

d) conduit ou administre un plan, un arrangement ou une opération de quelque genre que ce soit pour déterminer quels individus ou les porteurs de quels lots, billets, numéros ou chances sont les gagnants d’un bien qu’il est ainsi proposé de céder par avance, prêter, donner, vendre ou aliéner;

e) conduit ou administre un plan, un arrangement ou une opération de quelque genre que ce soit, ou y participe, moyennant quoi un individu, sur paiement d’une somme d’argent ou sur remise d’une valeur ou, en s’engageant lui-même à payer une somme d’argent ou à remettre une valeur, a droit, en vertu du plan, de l’arrangement ou de l’opération, de recevoir de la personne qui conduit ou administre le plan, l’arrangement ou l’opération, ou de toute autre personne, une plus forte somme d’argent ou valeur plus élevée que la somme versée ou la valeur remise ou à payer ou remettre, du fait que d’autres personnes ont payé ou remis, ou se sont engagées à payer ou remettre, quelque somme d’argent ou valeur en vertu du plan, de l’arrangement ou de l’opération;

f) dispose d’effets, de denrées ou de marchandises par quelque jeu de hasard, ou jeu combinant le hasard et l’adresse, dans lequel le concurrent ou compétiteur paye de l’argent ou verse une autre contrepartie valable;

g) décide une personne à risquer ou hasarder de l’argent ou quelque autre bien ou chose de valeur sur le résultat d’un jeu de dés, d’un jeu de bonneteau, d’une planchette à poinçonner, d’une table à monnaie, ou sur le fonctionnement d’une roue de fortune;

h) pour une contrepartie valable, pratique ou joue, ou offre de pratiquer ou de jouer, ou emploie quelqu’un pour pratiquer ou jouer, dans un endroit public ou un endroit où le public a accès, le jeu de bonneteau;

i) reçoit des paris de toute sorte sur le résultat d’une partie de bonneteau;

j) étant le propriétaire d’un local, permet à quelqu’un d’y jouer le jeu de bonneteau.

Définition de « bonneteau »

(2) Au présent article, « bonneteau » s’entend du jeu communément appelé «three-card monte»; y est assimilé tout autre jeu analogue, qu’il soit joué avec des cartes ou non et nonobstant le nombre de cartes ou autres choses utilisées dans le dessein de jouer.

Exemption pour les foires

(3) Les alinéas (1)f) et g), dans la mesure où ils n’ont aucun rapport avec un jeu de dés, un jeu de bonneteau, une planchette à poinçonner ou une table à monnaie, ne s’appliquent pas au conseil d’une foire ou d’une exposition annuelle ni à l’exploitant d’une concession louée auprès du conseil et située sur le terrain de la foire ou de l’exposition et exploitée à cet endroit durant la période de la foire ou de l’exposition.

Définition de « foire ou exposition »

(3.1) Pour l’application du présent article, l’expression « foire ou exposition » s’entend d’une manifestation où l’on présente des produits de l’agriculture ou de la pêche ou exerce des activités qui se rapportent à l’agriculture ou à la pêche.

Infraction

(4) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque achète, prend ou reçoit un lot, un billet ou un autre article mentionné au paragraphe (1).

La vente de loterie est nulle

(5) Toute vente, tout prêt, don, troc ou échange d’un bien au moyen de quelque loterie, billet, carte ou autre mode de tirage qui doit être décidé par la chance ou par le hasard ou en dépend, est nul, et tout bien ainsi vendu, prêté, donné, troqué ou échangé est confisqué au profit de Sa Majesté.

Exception

(6) Le paragraphe (5) ne porte pas atteinte aux droits ou titres à un bien acquis par un acquéreur de bonne foi à titre onéreux, et qui n’a reçu aucun avis.

Les loteries étrangères sont comprises

(7) Le présent article s’applique à l’impression ou publication ou au fait d’occasionner l’impression ou la publication de quelque annonce, projet, proposition ou plan de loterie étrangère et à la vente ou offre de vente de billets, chances ou parts dans une pareille loterie, ou à l’annonce de vente de ces billets, chances ou parts et à la conduite ou administration d’un plan, arrangement ou opération de cette nature pour déterminer quels sont les gagnants dans une telle loterie.

Réserve

(8) Le présent article ne s’applique pas :

a) au partage, par le sort ou le hasard, de tous biens par les titulaires d’une tenure conjointe ou en commun, ou par des personnes qui ont des droits indivis dans ces biens;

b) [Abrogé, 1999, ch. 28, art. 156]

c) aux obligations, aux débentures, aux stock-obligations ou aux autres valeurs remboursables par tirage de lots et rachetables avec intérêt et pourvoyant au paiement de primes sur rachat ou autrement.

L.R. (1985), ch. C-46, art. 206; L.R. (1985), ch. 52 (1er suppl.), art. 2; 1999, ch. 28, art. 156.

Loteries autorisées

207. (1) Par dérogation aux autres dispositions de la présente partie en matière de jeux et de paris, les règles qui suivent s’appliquent aux personnes et organismes mentionnés ci­ après :

a) le gouvernement d’une province, seul ou de concert avec celui d’une autre province, peut mettre sur pied et exploiter une loterie dans la province, ou dans celle-ci et l’autre province, en conformité avec la législation de la province;

b) un organisme de charité ou un organisme religieux peut, en vertu d’une licence délivrée par le lieutenant-gouverneur en conseil d’une province ou par la personne ou l’autorité qu’il désigne, mettre sur pied et exploiter une loterie dans la province si le produit de la loterie est utilisé à des fins charitables ou religieuses;

c) le conseil d’une foire ou d’une exposition, ou l’exploitant d’une concession louée auprès du conseil peut mettre sur pied et exploiter une loterie dans une province si le lieutenant-gouverneur en conseil de la province ou la personne ou l’autorité qu’il désigne a, à la fois :

(i) désigné cette foire ou cette exposition comme l’une de celles où une loterie pouvait être mise sur pied et exploitée,

(ii) délivré une licence de mise sur pied et d’exploitation d’une loterie à ce conseil ou à cet exploitant;

d) toute personne peut, en vertu d’une licence délivrée par le lieutenant-gouverneur en conseil d’une province ou par la personne ou l’autorité qu’il désigne, mettre sur pied et exploiter une loterie dans un lieu d’amusement public de la province si :

(i) le montant ou la valeur de chaque prix attribué ne dépasse pas cinq cents dollars,

(ii) le montant ou la contrepartie versée pour obtenir une chance de gagner un prix ne dépasse pas deux dollars;

e) le gouvernement d’une province peut conclure un accord avec celui d’une autre province afin de permettre la vente sur son territoire de lots, cartes ou billets d’une loterie qui, en vertu de l’un des alinéas a) à d), est autorisée dans cette autre province;

f) toute personne peut, en vertu d’une licence délivrée par le lieutenant-gouverneur en conseil d’une province ou la personne ou l’autorité qu’il désigne, mettre sur pied et exploiter dans la province une loterie autorisée dans au moins une autre province à la condition que l’autorité qui a autorisé la loterie dans la première province y consente;

g) toute personne peut, dans le cadre d’une loterie autorisée en vertu de l’un des alinéas a) à f), soit prendre dans la province, en conformité avec la législation ou les licences applicables, les mesures nécessaires pour mettre sur pied, administrer ou gérer la loterie, soit participer à celle-ci;

h) toute personne peut fabriquer ou imprimer au Canada, seule ou par un intermédiaire, tout moyen de jeu ou de pari à utiliser dans un endroit où son utilisation est permise par la loi ou le serait, à la condition de respecter les conditions que celle-ci prévoit, ou envoyer, transmettre, poster, expédier, livrer — ou permettre ces opérations — ou accepter en vue du transport ou transporter un moyen de jeu ou de pari si son utilisation au lieu de sa destination est permise par la loi ou le serait, à la condition de respecter les conditions que celle-ci prévoit.

Conditions d’une licence

(2) Sous réserve des autres dispositions de la présente loi, une licence délivrée en vertu de l’un des alinéas (1)b), c), d) ou f) par le lieutenant-gouverneur en conseil d’une province ou par la personne ou l’autorité qu’il désigne peut être assortie des conditions que celui­ ci, la personne ou l’autorité en question ou une loi provinciale peut fixer à l’égard de la mise sur pied, de l’exploitation ou de la gestion de la loterie autorisée par la licence ou à l’égard de la participation à celle-ci.

Infraction

(3) Quiconque, dans le cadre d’une loterie, commet un acte non autorisé par une autre disposition du présent article ou en vertu de celle-ci est coupable :

a) dans le cas de la mise sur pied, de l’exploitation ou de la gestion de cette loterie :

(i) soit d’un acte criminel et est passible d’un emprisonnement maximal de deux ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire;

b) dans le cas de la participation à cette loterie, d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Loterie

(4) Pour l’application du présent article, « loterie » s’entend des jeux, moyens, systèmes, dispositifs ou opérations mentionnés aux alinéas 206(1)a) à g), qu’ils soient ou non associés au pari, à la vente d’une mise collective ou à des paris collectifs, à l’exception de ce qui suit :

a) un jeu de bonneteau, une planchette à poinçonner ou une table à monnaie;

b) le bookmaking, la vente d’une mise collective ou l’inscription ou la prise de paris, y compris les paris faits par mise collective ou par un système de paris collectifs ou de pari mutuel sur une course ou un combat, ou une épreuve ou manifestation sportive;

c) pour l’application des alinéas (1)b) à f), un jeu de dés ou les jeux, moyens, systèmes, dispositifs ou opérations mentionnés aux alinéas 206(1)a) à g) qui sont exploités par un ordinateur, un dispositif électronique de visualisation, un appareil à sous, au sens du paragraphe 198(3), ou à l’aide de ceux-ci.

Exception à l’égard du pari mutuel

(5) Il est entendu que le présent article n’a pas pour effet de permettre de faire ou d’inscrire des paris sur des courses de chevaux par l’intermédiaire d’un système de pari mutuel, sauf en conformité avec l’article 204.

L.R. (1985), ch. C-46, art. 207; L.R. (1985), ch. 27 (1er suppl.), art. 31, ch. 52 (1er suppl.), art. 3; 1999, ch. 5, art. 6.

Exception — loteries sur les navires de croisière internationale

207.1 (1) Par dérogation aux autres dispositions de la présente partie en matière de jeux et de paris, le propriétaire d’un navire de croisière internationale ou la personne l’exploitant

— ou leur mandataire — sont autorisés à mettre sur pied, gérer ou exploiter une loterie sur celui-ci — et les personnes à bord sont autorisées à y participer — si les conditions suivantes sont remplies :

a) les personnes y participant se trouvent sur le navire;

b) il n’existe aucun lien — par quelque moyen de communication que ce soit — entre cette loterie, d’une part, et une autre loterie ou des systèmes de paris, de mises collectives ou de paris collectifs exploités à l’extérieur du navire, d’autre part;

c) la loterie n’est pas exploitée dans un rayon de cinq milles marins du port canadien où le navire fait escale ou prévoit faire escale;

d) selon le cas :

(i) le navire est immatriculé au Canada et il est prévu que tout le voyage aura lieu à l’extérieur du Canada,

(ii) le navire est immatriculé au Canada ou ailleurs et il est prévu qu’une partie du voyage aura lieu à l’intérieur du Canada, auquel cas les exigences suivantes s’appliquent :

(A) le voyage est d’une durée d’au moins quarante-huit heures, se fait en partie dans les eaux internationales et comporte au moins une escale dans un port non canadien, y compris le port de départ ou de destination,

(B) il n’est pas prévu qu’il y aura débarquement dans un port canadien de passagers embarqués dans un autre port canadien, à moins qu’il n’y ait, entre les deux ports, au moins une escale dans un port non canadien.

Application de l’alinéa 207(1)h) et du paragraphe 207(5)

(2) Il est entendu que l’alinéa 207(1)h) et le paragraphe 207(5) s’appliquent dans le cadre du présent article.

Infraction

(3) Quiconque, dans le cadre d’une loterie, accomplit un acte non autorisé par une autre disposition du présent article est coupable :

a) dans le cas de la mise sur pied, de la gestion ou de l’exploitation de cette loterie :

(i) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire;

b) dans le cas de la participation à cette loterie, d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Définitions

(4) Les définitions qui suivent s’appliquent au présent article.

« loterie »

“lottery scheme”

« loterie » S’entend des jeux, moyens, systèmes, dispositifs ou opérations mentionnés aux alinéas 206(1)a) à g), qu’ils soient ou non associés au pari, à la vente d’une mise collective ou à des paris collectifs, à l’exception de ce qui suit :

a) un jeu de bonneteau, une planchette à poinçonner ou une table à monnaie;

b) le bookmaking, la vente d’une mise collective ou l’inscription ou la prise de paris, y compris les paris faits par mise collective ou par un système de paris collectifs ou de pari mutuel sur une course ou un combat, ou une épreuve ou manifestation sportive.

« navire de croisière internationale »

“international cruise ship”

« navire de croisière internationale » Navire à passagers pouvant effectuer des voyages sur les océans d’une durée d’au moins quarante-huit heures, à l’exclusion de tout navire qui est utilisé ou aménagé avant tout pour le transport de marchandises ou de véhicules.

1999, ch. 5, art. 7.

208. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 32]

Tricher au jeu

209. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, avec l’intention de frauder quelqu’un, triche en pratiquant un jeu, ou en tenant des enjeux ou en pariant.

S.R., ch. C-34, art. 192.

Maisons de débauche Tenue d’une maison de débauche

210. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque tient une maison de débauche.

Propriétaire, habitant, etc.

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, selon le cas :

a) habite une maison de débauche;

b) est trouvé, sans excuse légitime, dans une maison de débauche;

c) en qualité de propriétaire, locateur, occupant, locataire, agent ou ayant autrement la charge ou le contrôle d’un local, permet sciemment que ce local ou une partie du local soit loué ou employé aux fins de maison de débauche.

Le propriétaire doit être avisé de la déclaration de culpabilité

(3) Lorsqu’une personne est déclarée coupable d’une infraction visée au paragraphe (1), le tribunal fait signifier un avis de la déclaration de culpabilité au propriétaire ou locateur du lieu à l’égard duquel la personne est déclarée coupable, ou à son agent, et l’avis doit contenir une déclaration portant qu’il est signifié selon le présent article.

Devoir du propriétaire sur réception de l’avis

(4) Lorsqu’une personne à laquelle un avis est signifié en vertu du paragraphe (3) n’exerce pas immédiatement tout droit qu’elle peut avoir de résilier la location ou de mettre fin au droit d’occupation que possède la personne ainsi déclarée coupable, et que, par la suite, un individu est déclaré coupable d’une infraction visée au paragraphe (1) à l’égard du même local, la personne à qui l’avis a été signifié est censée avoir commis une infraction visée au paragraphe (1), à moins qu’elle ne prouve qu’elle a pris toutes les mesures raisonnables pour empêcher le renouvellement de l’infraction.

S.R., ch. C-34, art. 193.

Transport de personnes à des maisons de débauche

211. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sciemment, mène ou transporte ou offre de mener ou de transporter une autre personne à une maison de débauche, ou dirige ou offre de diriger une autre personne vers une maison de débauche.

S.R., ch. C-34, art. 194.

Entremetteurs

Proxénétisme

212. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, selon le cas :

a) induit, tente d’induire ou sollicite une personne à avoir des rapports sexuels illicites avec une autre personne, soit au Canada, soit à l’étranger;

b) attire ou entraîne une personne qui n’est pas prostituée vers une maison de débauche aux fins de rapports sexuels illicites ou de prostitution;

c) sciemment cache une personne dans une maison de débauche;

d) induit ou tente d’induire une personne à se prostituer, soit au Canada, soit à l’étranger;

e) induit ou tente d’induire une personne à abandonner son lieu ordinaire de résidence au Canada, lorsque ce lieu n’est pas une maison de débauche, avec l’intention de lui faire habiter une maison de débauche ou pour qu’elle fréquente une maison de débauche, au Canada ou à l’étranger;

f) à l’arrivée d’une personne au Canada, la dirige ou la fait diriger vers une maison de débauche, l’y amène ou l’y fait conduire;

g) induit une personne à venir au Canada ou à quitter le Canada pour se livrer à la prostitution;

h) aux fins de lucre, exerce un contrôle, une direction ou une influence sur les mouvements d’une personne de façon à démontrer qu’il l’aide, l’encourage ou la force à s’adonner ou à se livrer à la prostitution avec une personne en particulier ou d’une manière générale;

i) applique ou administre, ou fait prendre, à une personne, toute drogue, liqueur enivrante, matière ou chose, avec l’intention de la stupéfier ou de la subjuguer de manière à permettre à quelqu’un d’avoir avec elle des rapports sexuels illicites;

j) vit entièrement ou en partie des produits de la prostitution d’une autre personne.

Proxénétisme

(2) Par dérogation à l’alinéa (1)j), quiconque vit entièrement ou en partie des produits de la prostitution d’une autre personne âgée de moins de dix-huit ans est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans, la peine minimale étant de deux ans.

Infraction grave — vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans

(2.1) Par dérogation à l’alinéa (1)j) et au paragraphe (2), est coupable d’un acte criminel et passible d’un emprisonnement minimal de cinq ans et maximal de quatorze ans quiconque vit entièrement ou en partie des produits de la prostitution d’une autre personne âgée de moins de dix-huit ans si, à la fois :

a) aux fins de profit, il l’aide, l’encourage ou la force à s’adonner ou à se livrer à la prostitution avec une personne en particulier ou d’une manière générale, ou lui conseille de le faire;

b) il use de violence envers elle, l’intimide ou la contraint, ou tente ou menace de le faire.

Présomption

(3) Pour l’application de l’alinéa (1)j) et des paragraphes (2) et (2.1), la preuve qu’une personne vit ou se trouve habituellement en compagnie d’un prostitué ou vit dans une maison de débauche constitue, sauf preuve contraire, la preuve qu’elle vit des produits de la prostitution.

Infraction — prostitution d’une personne âgée de moins de dix-huit ans

(4) Quiconque, en quelque endroit que ce soit, obtient, moyennant rétribution, les services sexuels d’une personne âgée de moins de dix-huit ans ou communique avec quiconque en vue d’obtenir, moyennant rétribution, de tels services est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans, la peine minimale étant de six mois.

(5) [Abrogé, 1999, ch. 5, art. 8]

L.R. (1985), ch. C-46, art. 212; L.R. (1985), ch. 19 (3e suppl.), art. 9; 1997, ch. 16, art. 2; 1999, ch. 5, art. 8; 2005, ch. 32, art. 10.1.

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Infraction se rattachant à la prostitution Infraction se rattachant à la prostitution

213. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, dans un endroit soit public soit situé à la vue du public et dans le but de se livrer à la prostitution ou de retenir les services sexuels d’une personne qui s’y livre :

a) soit arrête ou tente d’arrêter un véhicule à moteur;

b) soit gêne la circulation des piétons ou des véhicules, ou l’entrée ou la sortie d’un lieu contigu à cet endroit;

c) soit arrête ou tente d’arrêter une personne ou, de quelque manière que ce soit, communique ou tente de communiquer avec elle.

Définition de « endroit public »

(2) Au présent article, « endroit public » s’entend notamment de tout lieu auquel le public a accès de droit ou sur invitation, expresse ou implicite; y est assimilé tout véhicule à moteur situé dans un endroit soit public soit situé à la vue du public.

L.R. (1985), ch. C-46, art. 213; L.R. (1985), ch. 51 (1er suppl.), art. 1.

PARTIE VIII

INFRACTIONS CONTRE LA PERSONNE ET LA RÉPUTATION Définitions Définitions

214. Les définitions qui suivent s’appliquent à la présente partie.

« abandonner » ou « exposer »

“abandon” or “expose”

« abandonner » ou « exposer » S’entend notamment :

a) de l’omission volontaire, par une personne légalement tenue de le faire, de prendre soin d’un enfant;

b) du fait de traiter un enfant d’une façon pouvant l’exposer à des dangers contre lesquels il n’est pas protégé.

« aéronef »

“aircraft”

« aéronef » La présente définition exclut l’appareil conçu pour se maintenir dans l’atmosphère par l’effet de la réaction, sur la surface de la terre, de l’air qu’il expulse.

« bateau »

“vessel”

« bateau » Est assimilé au bateau l’appareil conçu pour se maintenir dans l’atmosphère par l’effet de la réaction, sur la surface de la terre, de l’air qu’il expulse.

« conduire »

“operate”

« conduire »

a) Dans le cas d’un véhicule à moteur, le conduire;

b) dans le cas de matériel ferroviaire, participer au contrôle immédiat de son déplacement, notamment à titre de cheminot ou de substitut de celui-ci au moyen du contrôle à distance;

c) dans le cas d’un bateau ou d’un aéronef, notamment les piloter.

« enfant »[Abrogée, 2002, ch. 13, art. 9]

« formalité de mariage »

“form of marriage”

« formalité de mariage » S’entend notamment d’une cérémonie de mariage reconnue valide :

a) soit par la loi du lieu où le mariage a été célébré;

b) soit par la loi du lieu où un accusé subit son procès, même si le mariage n’est pas reconnu valide par la loi du lieu où il a été célébré.

« tuteur »

“guardian”

« tuteur » S’entend notamment de la personne qui a, en droit ou de fait, la garde ou le contrôle d’un enfant.

L.R. (1985), ch. C-46, art. 214; L.R. (1985), ch. 27 (1er suppl.), art. 33, ch. 32 (4e suppl.), art. 56; 2002, ch. 13, art. 9.

Devoirs tendant à la conservation de la vie Devoir de fournir les choses nécessaires à l’existence

215. (1) Toute personne est légalement tenue :

a) en qualité de père ou mère, de parent nourricier, de tuteur ou de chef de famille, de fournir les choses nécessaires à l’existence d’un enfant de moins de seize ans;

b) de fournir les choses nécessaires à l’existence de son époux ou conjoint de fait;

c) de fournir les choses nécessaires à l’existence d’une personne à sa charge, si cette personne est incapable, à la fois :

(i) par suite de détention, d’âge, de maladie, de troubles mentaux, ou pour une autre cause, de se soustraire à cette charge,

(ii) de pourvoir aux choses nécessaires à sa propre existence.

Infraction

(2) Commet une infraction quiconque, ayant une obligation légale au sens du paragraphe (1), omet, sans excuse légitime, dont la preuve lui incombe, de remplir cette obligation, si :

a) à l’égard d’une obligation imposée par l’alinéa (1)a) ou b) :

(i) ou bien la personne envers laquelle l’obligation doit être remplie se trouve dans le dénuement ou dans le besoin,

(ii) ou bien l’omission de remplir l’obligation met en danger la vie de la personne envers laquelle cette obligation doit être remplie, ou expose, ou est de nature à exposer, à un péril permanent la santé de cette personne;

b) à l’égard d’une obligation imposée par l’alinéa (1)c), l’omission de remplir l’obligation met en danger la vie de la personne envers laquelle cette obligation doit être remplie, ou cause, ou est de nature à causer, un tort permanent à la santé de cette personne.

Peine

(3) Quiconque commet une infraction visée au paragraphe (2) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

Présomptions

(4) Aux fins des poursuites engagées en vertu du présent article :

a) [Abrogé, 2000, ch. 12, art. 93]

b) la preuve qu’une personne a de quelque façon reconnu un enfant comme son enfant, constitue, en l’absence de toute preuve contraire, une preuve que cet enfant est le sien;

c) la preuve qu’une personne a omis, pendant une période d’un mois, de pourvoir à l’entretien d’un de ses enfants âgé de moins de seize ans constitue, en l’absence de toute preuve contraire, une preuve qu’elle a omis, sans excuse légitime, de lui fournir les choses nécessaires à l’existence;

d) le fait qu’un époux ou conjoint de fait ou un enfant reçoit ou a reçu les choses nécessaires à l’existence, d’une autre personne qui n’est pas légalement tenue de les fournir, ne constitue pas une défense.

L.R. (1985), ch. C-46, art. 215; 1991, ch. 43, art. 9; 2000, ch. 12, art. 93 et 95; 2005, ch. 32, art. 11.

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Obligation des personnes qui pratiquent des opérations dangereuses

216. Quiconque entreprend d’administrer un traitement chirurgical ou médical à une autre personne ou d’accomplir un autre acte légitime qui peut mettre en danger la vie d’une autre personne est, sauf dans les cas de nécessité, légalement tenu d’apporter, en ce faisant, une connaissance, une habileté et des soins raisonnables.

S.R., ch. C-34, art. 198.

Obligation des personnes qui s’engagent à accomplir un acte

217. Quiconque entreprend d’accomplir un acte est légalement tenu de l’accomplir si une omission de le faire met ou peut mettre la vie humaine en danger.

S.R., ch. C-34, art. 199.

Obligation de la personne qui supervise un travail

217.1 Il incombe à quiconque dirige l’accomplissement d’un travail ou l’exécution d’une tâche ou est habilité à le faire de prendre les mesures voulues pour éviter qu’il n’en résulte de blessure corporelle pour autrui.

2003, ch. 21, art. 3.

Abandon d’un enfant

218. Quiconque illicitement abandonne ou expose un enfant de moins de dix ans, de manière que la vie de cet enfant soit effectivement mise en danger ou exposée à l’être, ou que sa santé soit effectivement compromise de façon permanente ou exposée à l’être est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

L.R. (1985), ch. C-46, art. 218; 2005, ch. 32, art. 12.

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Négligence criminelle Négligence criminelle

219. (1) Est coupable de négligence criminelle quiconque :

a) soit en faisant quelque chose;

b) soit en omettant de faire quelque chose qu’il est de son devoir d’accomplir,

montre une insouciance déréglée ou téméraire à l’égard de la vie ou de la sécurité d’autrui.

Définition de « devoir »

(2) Pour l’application du présent article, « devoir » désigne une obligation imposée par la loi.

S.R., ch. C-34, art. 202.

Le fait de causer la mort par négligence criminelle

220. Quiconque, par négligence criminelle, cause la mort d’une autre personne est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

L.R. (1985), ch. C-46, art. 220; 1995, ch. 39, art. 141.

Causer des lésions corporelles par négligence criminelle

221. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, par négligence criminelle, cause des lésions corporelles à autrui.

S.R., ch. C-34, art. 204.

Homicide Homicide

222. (1) Commet un homicide quiconque, directement ou indirectement, par quelque moyen, cause la mort d’un être humain.

Sortes d’homicides

(2) L’homicide est coupable ou non coupable.

Homicide non coupable

(3) L’homicide non coupable ne constitue pas une infraction.

Homicide coupable

(4) L’homicide coupable est le meurtre, l’homicide involontaire coupable ou l’infanticide.

Idem

(5) Une personne commet un homicide coupable lorsqu’elle cause la mort d’un être humain :

a) soit au moyen d’un acte illégal;

b) soit par négligence criminelle;

c) soit en portant cet être humain, par des menaces ou la crainte de quelque violence, ou par la supercherie, à faire quelque chose qui cause sa mort;

d) soit en effrayant volontairement cet être humain, dans le cas d’un enfant ou d’une personne malade.

Exception

(6) Nonobstant les autres dispositions du présent article, une personne ne commet pas un homicide au sens de la présente loi, du seul fait qu’elle cause la mort d’un être humain en

amenant, par de faux témoignages, la condamnation et la mort de cet être humain par sentence de la loi.

S.R., ch. C-34, art. 205.

Quand un enfant devient un être humain

223. (1) Un enfant devient un être humain au sens de la présente loi lorsqu’il est complètement sorti, vivant, du sein de sa mère :

a) qu’il ait respiré ou non;

b) qu’il ait ou non une circulation indépendante;

c) que le cordon ombilical soit coupé ou non.

Fait de tuer un enfant

(2) Commet un homicide quiconque cause à un enfant, avant ou pendant sa naissance, des blessures qui entraînent sa mort après qu’il est devenu un être humain.

S.R., ch. C-34, art. 206.

Lorsque la mort aurait pu être empêchée

224. Lorsque, par un acte ou une omission, une personne fait une chose qui entraîne la mort d’un être humain, elle cause la mort de cet être humain, bien que la mort produite par cette cause eût pu être empêchée en recourant à des moyens appropriés.

S.R., ch. C-34, art. 207.

Mort découlant du traitement de blessures

225. Lorsqu’une personne cause à un être humain une blessure corporelle qui est en elle­ même de nature dangereuse et dont résulte la mort, elle cause la mort de cet être humain, bien que la cause immédiate de la mort soit un traitement convenable ou impropre, appliqué de bonne foi.

S.R., ch. C-34, art. 208.

Hâter la mort

226. Lorsqu’une personne cause à un être humain une blessure corporelle qui entraîne la mort, elle cause la mort de cet être humain, même si cette blessure n’a pour effet que de hâter sa mort par suite d’une maladie ou d’un désordre provenant de quelque autre cause.

S.R., ch. C-34, art. 209.

227. [Abrogé, 1999, ch. 5, art. 9]

Homicide par influence sur l’esprit

228. Nul ne commet un homicide coupable lorsqu’il cause la mort d’un être humain :

a) soit par une influence sur l’esprit seulement;

b) soit par un désordre ou une maladie résultant d’une influence sur l’esprit seulement.

Toutefois, le présent article ne s’applique pas lorsqu’une personne cause la mort d’un enfant ou d’une personne malade en l’effrayant volontairement.

S.R., ch. C-34, art. 211.

Meurtre, homicide involontaire coupable et infanticide Meurtre

229. L’homicide coupable est un meurtre dans l’un ou l’autre des cas suivants :

a) la personne qui cause la mort d’un être humain :

(i) ou bien a l’intention de causer sa mort,

(ii) ou bien a l’intention de lui causer des lésions corporelles qu’elle sait être de nature à causer sa mort, et qu’il lui est indifférent que la mort s’ensuive ou non;

b) une personne, ayant l’intention de causer la mort d’un être humain ou ayant l’intention de lui causer des lésions corporelles qu’elle sait de nature à causer sa mort, et ne se souciant pas que la mort en résulte ou non, par accident ou erreur cause la mort d’un autre être humain, même si elle n’a pas l’intention de causer la mort ou des lésions corporelles à cet être humain;

c) une personne, pour une fin illégale, fait quelque chose qu’elle sait, ou devrait savoir, de nature à causer la mort et, conséquemment, cause la mort d’un être humain, même si elle désire atteindre son but sans causer la mort ou une lésion corporelle à qui que ce soit.

S.R., ch. C-34, art. 212.

Infraction accompagnée d’un meurtre

230. L’homicide coupable est un meurtre lorsqu’une personne cause la mort d’un être humain pendant qu’elle commet ou tente de commettre une haute trahison, une trahison

ou une infraction mentionnée aux articles 52 (sabotage), 75 (actes de piraterie), 76 (détournement d’aéronef), 144 ou au paragraphe 145(1) ou aux articles 146 à 148 (évasion ou délivrance d’une garde légale), 270 (voies de fait contre un agent de la paix), 271 (agression sexuelle), 272 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles), 273 (agression sexuelle grave), 279 (enlèvement et séquestration), 279.1 (prise d’otage), 343 (vol qualifié), 348 (introduction par effraction) ou 433 ou 434 (crime d’incendie), qu’elle ait ou non l’intention de causer la mort d’un être humain et qu’elle sache ou non qu’il en résultera vraisemblablement la mort d’un être humain, si, selon le cas :

a) elle a l’intention de causer des lésions corporelles aux fins de faciliter :

(i) soit la perpétration de l’infraction,

(ii) soit sa fuite après avoir commis ou tenté de commettre l’infraction,

et que la mort résulte des lésions corporelles;

b) elle administre un stupéfiant ou un soporifique à une fin mentionnée à l’alinéa a) et que la mort en résulte;

c) volontairement, elle arrête, par quelque moyen, la respiration d’un être humain à une fin mentionnée à l’alinéa a) et que la mort en résulte.

d) [Abrogé, 1991, ch. 4, art. 1]

L.R. (1985), ch. C-46, art. 230; L.R. (1985), ch. 27 (1er suppl.), art. 40; 1991, ch. 4, art. 1.

Classification

231. (1) Il existe deux catégories de meurtres : ceux du premier degré et ceux du deuxième degré.

Meurtre au premier degré

(2) Le meurtre au premier degré est le meurtre commis avec préméditation et de propos délibéré.

Entente

(3) Sans que soit limitée la portée générale du paragraphe (2), est assimilé au meurtre au premier degré quant aux parties intéressées, le meurtre commis à la suite d’une entente dont la contrepartie matérielle, notamment financière, était proposée ou promise en vue d’en encourager la perpétration ou la complicité par assistance ou fourniture de conseils.

Meurtre d’un officier de police, etc.

(4) Est assimilé au meurtre au premier degré le meurtre, dans l’exercice de ses fonctions :

a) d’un officier ou d’un agent de police, d’un shérif, d’un shérif adjoint, d’un officier de shérif ou d’une autre personne employée à la préservation et au maintien de la paix publique;

b) d’un directeur, d’un sous-directeur, d’un instructeur, d’un gardien, d’un geôlier, d’un garde ou d’un autre fonctionnaire ou employé permanent d’une prison;

c) d’une personne travaillant dans une prison avec la permission des autorités de la prison.

Détournement, enlèvement, infraction sexuelle ou prise d’otage

(5) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque la mort est causée par cette personne, en commettant ou tentant de commettre une infraction prévue à l’un des articles suivants :

a) l’article 76 (détournement d’aéronef);

b) l’article 271 (agression sexuelle);

c) l’article 272 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles);

d) l’article 273 (agression sexuelle grave);

e) l’article 279 (enlèvement et séquestration);

f) l’article 279.1 (prise d’otage).

Harcèlement criminel

(6) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque celle-ci cause la mort en commettant ou en tentant de commettre une infraction prévue à l’article 264 alors qu’elle avait l’intention de faire craindre à la personne assassinée pour sa sécurité ou celle d’une de ses connaissances.

Meurtre : activité terroriste

(6.01) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque celle-ci cause la mort au cours de la perpétration ou de la tentative de perpétration, visée par la présente loi ou une autre loi fédérale, d’un acte criminel dont l’élément matériel — action ou omission — constitue également une activité terroriste.

Meurtre : organisation criminelle

(6.1) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré :

a) lorsque la mort est causée par cette personne au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

b) lorsque celle-ci cause la mort au cours de la perpétration ou de la tentative de perpétration d’un acte criminel visé par la présente loi ou une autre loi fédérale, au profit ou sous la direction d’une organisation criminelle, ou en association avec elle.

Intimidation

(6.2) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque celle-ci cause la mort au cours de la perpétration ou de la tentative de perpétration d’une infraction prévue à l’article 423.1.

Meurtre au deuxième degré

(7) Les meurtres qui n’appartiennent pas à la catégorie des meurtres au premier degré sont des meurtres au deuxième degré.

L.R. (1985), ch. C-46, art. 231; L.R. (1985), ch. 27 (1er suppl.), art. 7, 35, 40 et 185(F), ch. 1 (4e suppl.), art. 18(F); 1997, ch. 16, art. 3, ch. 23, art. 8; 2001, ch. 32, art. 9, ch. 41, art. 9; 2009, ch. 22, art. 5.

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Meurtre réduit à un homicide involontaire coupable

232. (1) Un homicide coupable qui autrement serait un meurtre peut être réduit à un homicide involontaire coupable si la personne qui l’a commis a ainsi agi dans un accès de colère causé par une provocation soudaine.

Ce qu’est la provocation

(2) Une action injuste ou une insulte de telle nature qu’elle suffise à priver une personne ordinaire du pouvoir de se maîtriser, est une provocation pour l’application du présent article, si l’accusé a agi sous l’impulsion du moment et avant d’avoir eu le temps de reprendre son sang-froid.

Questions de fait

(3) Pour l’application du présent article, les questions de savoir :

a) si une action injuste ou une insulte déterminée équivalait à une provocation;

b) si l’accusé a été privé du pouvoir de se maîtriser par la provocation qu’il allègue avoir reçue,

sont des questions de fait, mais nul n’est censé avoir provoqué un autre individu en faisant quelque chose qu’il avait un droit légal de faire, ou en faisant une chose que l’accusé l’a incité à faire afin de fournir à l’accusé une excuse pour causer la mort ou des lésions corporelles à un être humain.

Mort au cours d’une arrestation illégale

(4) Un homicide coupable qui autrement serait un meurtre n’est pas nécessairement un homicide involontaire coupable du seul fait qu’il a été commis par une personne alors qu’elle était illégalement mise en état d’arrestation; le fait que l’illégalité de l’arrestation était connue de l’accusé peut cependant constituer une preuve de provocation pour l’application du présent article.

S.R., ch. C-34, art. 215.

Infanticide

233. Une personne du sexe féminin commet un infanticide lorsque, par un acte ou une omission volontaire, elle cause la mort de son enfant nouveau-né, si au moment de l’acte ou de l’omission elle n’est pas complètement remise d’avoir donné naissance à l’enfant et si, de ce fait ou par suite de la lactation consécutive à la naissance de l’enfant, son esprit est alors déséquilibré.

S.R., ch. C-34, art. 216.

Homicide involontaire coupable

234. L’homicide coupable qui n’est pas un meurtre ni un infanticide constitue un homicide involontaire coupable.

S.R., ch. C-34, art. 217.

Peine pour meurtre

235. (1) Quiconque commet un meurtre au premier degré ou un meurtre au deuxième degré est coupable d’un acte criminel et doit être condamné à l’emprisonnement à perpétuité.

Peine minimale

(2) Pour l’application de la partie XXIII, la sentence d’emprisonnement à perpétuité prescrite par le présent article est une peine minimale.

S.R., ch. C-34, art. 218; 1973-74, ch. 38, art. 3; 1974-75-76, ch. 105, art. 5.

Punition de l’homicide involontaire coupable

236. Quiconque commet un homicide involontaire coupable est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

L.R. (1985), ch. C-46, art. 236; 1995, ch. 39, art. 142.

Punition de l’infanticide

237. Toute personne du sexe féminin qui commet un infanticide est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

S.R., ch. C-34, art. 220.

Fait de tuer, au cours de la mise au monde, un enfant non encore né

238. (1) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité toute personne qui, au cours de la mise au monde, cause la mort d’un enfant qui n’est pas devenu un être humain, de telle manière que, si l’enfant était un être humain, cette personne serait coupable de meurtre.

Réserve

(2) Le présent article ne s’applique pas à une personne qui, par des moyens que, de bonne foi, elle estime nécessaires pour sauver la vie de la mère d’un enfant, cause la m ort de l’enfant.

S.R., ch. C-34, art. 221.

Tentative de meurtre

239. (1) Quiconque, par quelque moyen, tente de commettre un meurtre est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la

perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, de l’emprisonnement à perpétuité, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans tous les autres cas, de l’emprisonnement à perpétuité.

Récidive

(2) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (1)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(3) Pour l’application du paragraphe (2), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

L.R. (1985), ch. C-46, art. 239; 1995, ch. 39, art. 143; 2008, ch. 6, art. 16; 2009, ch. 22, art. 6.

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Complice de meurtre après le fait

240. Tout complice de meurtre après le fait est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité.

S.R., ch. C-34, art. 223.

Suicide Fait de conseiller le suicide ou d’y aider

241. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) conseille à une personne de se donner la mort;

b) aide ou encourage quelqu’un à se donner la mort,

que le suicide s’ensuive ou non.

L.R. (1985), ch. C-46, art. 241; L.R. (1985), ch. 27 (1er suppl.), art. 7.

Négligence à la naissance d’un enfant et suppression de part Négligence à se procurer de l’aide lors de la naissance d’un enfant

242. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans une personne du sexe féminin qui, étant enceinte et sur le point d’accoucher, avec l’intention d’empêcher l’enfant de vivre ou dans le dessein de cacher sa naissance, néglige de prendre des dispositions en vue d’une aide raisonnable pour son accouchement, si l’enfant subit, par là, une lésion permanente ou si, par là, il meurt immédiatement avant, pendant ou peu de temps après sa naissance.

S.R., ch. C-34, art. 226.

Suppression de part

243. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, de quelque manière, fait disparaître le cadavre d’un enfant dans l’intention de cacher le fait que sa mère lui a donné naissance, que l’enfant soit mort avant, pendant ou après la naissance.

S.R., ch. C-34, art. 227.

Lésions corporelles et actes et omissions qui mettent les personnes en danger Décharger une arme à feu avec une intention particulière

244. (1) Commet une infraction quiconque, dans l’intention de blesser, mutiler ou défigurer une personne, de mettre sa vie en danger ou d’empêcher son arrestation ou sa détention, décharge une arme à feu contre qui que ce soit.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou si celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, d’un emprisonnement maximal de quatorze ans, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

b) dans tous les autres cas, d’un emprisonnement maximal de quatorze ans, la peine minimale étant de quatre ans.

Récidive

(3) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (2)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou à l’article 244.2;

c) d’une infraction prévue aux articles 220, 236, 239, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(4) Pour l’application du paragraphe (3), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

L.R. (1985), ch. C-46, art. 244; 1995, ch. 39, art. 144; 2008, ch. 6, art. 17; 2009, ch. 22, art. 7.

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Fait de causer intentionnellement des lésions corporelles — fusil ou pistolet à vent

244.1 Est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans quiconque, dans l’intention :

a) soit de blesser, mutiler ou défigurer une personne,

b) soit de mettre en danger la vie d’une personne,

c) soit d’empêcher l’arrestation ou la détention d’une personne,

décharge soit un pistolet à vent ou à gaz comprimé soit un fusil à vent ou à gaz comprimé contre quelqu’un, que cette personne soit ou non celle qui est mentionnée aux alinéas a), b) ou c).

1995, ch. 39, art. 144.

Décharger une arme à feu avec insouciance

244.2 (1) Commet une infraction quiconque :

a) soit décharge intentionnellement une arme à feu en direction d’un lieu, sachant qu’il s’y trouve une personne ou sans se soucier qu’il s’y trouve ou non une personne;

b) soit décharge intentionnellement une arme à feu sans se soucier de la vie ou la sécurité d’autrui.

Définition de « lieu »

(2) Pour l’application de l’alinéa (1)a), « lieu » s’entend de tout bâtiment ou construction — ou partie de ceux-ci —, véhicule à moteur, navire, aéronef, matériel ferroviaire, contenant ou remorque.

Peine

(3) Quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou si celle-ci est perpétrée au profit ou sous la

direction d’une organisation criminelle ou en association avec elle, d’un emprisonnement maximal de quatorze ans, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

b) dans tous les autres cas, d’un emprisonnement maximal de quatorze ans, la peine minimale étant de quatre ans.

Récidive

(4) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (3)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou à l’article 244;

c) d’une infraction prévue aux articles 220, 236, 239, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346, s’il y a eu usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(5) Pour l’application du paragraphe (4), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

2009, ch. 22, art. 8.

Fait d’administrer une substance délétère

245. Quiconque administre ou fait administrer à une personne, ou fait en sorte qu’une personne prenne, un poison ou une autre substance destructive ou délétère, est coupable d’un acte criminel et passible :

a) d’un emprisonnement maximal de quatorze ans, s’il a l’intention, par là, de mettre la vie de cette personne en danger ou de lui causer des lésions corporelles;

b) d’un emprisonnement maximal de deux ans, s’il a l’intention, par là, d’affliger ou de tourmenter cette personne.

S.R., ch. C-34, art. 229.

Fait de vaincre la résistance à la perpétration d’une infraction

246. Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, avec l’intention de permettre à lui-même ou à autrui de commettre un acte criminel, ou d’aider à la perpétration, par lui-même ou autrui, d’un tel acte :

a) soit tente, par quelque moyen, d’étouffer, de suffoquer ou d’étrangler une autre personne, ou, par un moyen de nature à étouffer, suffoquer ou étrangler, tente de rendre une autre personne insensible, inconsciente ou incapable de résistance;

b) soit administre, ou fait administrer à une personne ou tente d’administrer à une personne, ou lui fait prendre ou tente de lui faire prendre une drogue, matière ou chose stupéfiante ou soporifique.

S.R., ch. C-34, art. 230; 1972, ch. 13, art. 70.

Trappes susceptibles de causer des lésions corporelles

247. (1) Est coupable d’un acte criminel passible d’un emprisonnement maximal de cinq ans quiconque, avec l’intention de causer la mort d’une personne, déterminée ou non, ou des lésions corporelles à une personne, déterminée ou non :

a) soit tend ou place une trappe, un appareil ou une autre chose susceptible de causer la mort d’une personne ou des lésions corporelles à une personne;

b) soit, sciemment, permet qu’une telle chose demeure dans un lieu qu’il occupe ou dont il a la possession.

Lésions corporelles

(2) Quiconque commet l’infraction prévue au paragraphe (1) et cause ainsi des lésions corporelles à une autre personne est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans.

Lieu infractionnel

(3) Quiconque commet l’infraction prévue au paragraphe (1) dans un lieu tenu ou utilisé en vue de la perpétration d’un autre acte criminel est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans.

Lieu infractionnel : lésions corporelles

(4) Quiconque commet l’infraction prévue au paragraphe (1) dans un lieu tenu ou utilisé en vue de la perpétration d’un autre acte criminel et cause ainsi des lésions corporelles à une autre personne est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans.

Mort

(5) Quiconque commet l’infraction prévue au paragraphe (1) et cause ainsi la mort d’une autre personne est coupable d’un acte criminel passible de l’emprisonnement à perpétuité.

L.R. (1985), ch. C-46, art. 247; 2004, ch. 12, art. 6.

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Fait de nuire aux moyens de transport

248. Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, avec l’intention de porter atteinte à la sécurité d’une personne, place quelque chose sur un bien employé au transport ou relativement au transport de personnes ou de marchandises par terre, par eau ou par air, ou y fait quelque chose de nature à causer la mort ou des lésions corporelles à des personnes.

S.R., ch. C-34, art. 232.

Véhicules à moteur, bateaux et aéronefs Conduite dangereuse

249. (1) Commet une infraction quiconque conduit, selon le cas :

a) un véhicule à moteur d’une façon dangereuse pour le public, eu égard aux circonstances, y compris la nature et l’état du lieu, l’utilisation qui en est faite ainsi que l’intensité de la circulation à ce moment ou raisonnablement prévisible dans ce lieu;

b) un bateau ou des skis nautiques, une planche de surf, un aquaplane ou autre objet remorqué sur les eaux intérieures ou la mer territoriale du Canada ou au-dessus de ces eaux ou de cette mer d’une manière dangereuse pour le public, eu égard aux circonstances, y compris la nature et l’état de ces eaux ou de cette mer et l’usage qui, au moment considéré, en est ou pourrait raisonnablement en être fait;

c) un aéronef d’une façon dangereuse pour le public, eu égard aux circonstances, y compris la nature et l’état de cet aéronef, ou l’endroit ou l’espace dans lequel il est conduit;

d) du matériel ferroviaire d’une façon dangereuse pour le public, eu égard aux circonstances, y compris la nature et l’état du matériel ou l’endroit dans lequel il est conduit.

Peine

(2) Quiconque commet une infraction mentionnée au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Conduite dangereuse causant ainsi des lésions corporelles

(3) Quiconque commet une infraction mentionnée au paragraphe (1) et cause ainsi des lésions corporelles à une autre personne est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans.

Conduite de façon dangereuse causant ainsi la mort

(4) Quiconque commet une infraction mentionnée au paragraphe (1) et cause ainsi la mort d’une autre personne est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

L.R. (1985), ch. C-46, art. 249; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 32 (4e suppl.), art. 57; 1994, ch. 44, art. 11.

Fuite

249.1 (1) Commet une infraction quiconque conduisant un véhicule à moteur alors qu’il est poursuivi par un agent de la paix conduisant un véhicule à moteur, sans excuse raisonnable et dans le but de fuir, omet d’arrêter son véhicule dès que les circonstances le permettent.

Peine

(2) Quiconque commet une infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Fuite causant des lésions corporelles ou la mort

(3) Commet une infraction quiconque cause des lésions corporelles à une autre personne ou la mort d’une autre personne en conduisant un véhicule à moteur de la façon visée à

l’alinéa 249(1)a) dans le cas où il est poursuivi par un agent de la paix conduisant un véhicule à moteur et, sans excuse raisonnable et dans le but de fuir, omet d’arrêter son véhicule dès que les circonstances le permettent.

Peine

(4) Quiconque commet une infraction visée au paragraphe (3) est coupable d’un acte criminel passible :

a) s’il a causé des lésions corporelles à une autre personne, d’un emprisonnement maximal de quatorze ans;

b) s’il a causé la mort d’une autre personne, de l’emprisonnement à perpétuité.

2000, ch. 2, art. 1.

Causer la mort par négligence criminelle (course de rue)

249.2 Quiconque, par négligence criminelle, cause la mort d’une autre personne à l’occasion d’une course de rue est coupable d’un acte criminel passible d’un emprisonnement à perpétuité.

2006, ch. 14, art. 2.

Causer des lésions corporelles par négligence criminelle (course de rue)

249.3 Quiconque, par négligence criminelle, cause des lésions corporelles à autrui à l’occasion d’une course de rue est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans.

2006, ch. 14, art. 2.

Conduite dangereuse d’un véhicule à moteur (course de rue)

249.4 (1) Commet une infraction quiconque, à l’occasion d’une course de rue, conduit un véhicule à moteur de la façon visée à l’alinéa 249(1)a).

Peines

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Conduite dangereuse causant des lésions corporelles

(3) Quiconque commet l’infraction prévue au paragraphe (1) et cause ainsi des lésions corporelles à une autre personne est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans.

Conduite dangereuse causant la mort

(4) Quiconque commet l’infraction prévue au paragraphe (1) et cause ainsi la mort d’une autre personne est coupable d’un acte criminel passible d’un emprisonnement à perpétuité.

2006, ch. 14, art. 2.

Omission de surveiller la personne remorquée

250. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque conduit un bateau qui remorque une personne sur des skis nautiques, une planche de surf, un aquaplane ou autre objet, s’il ne se trouve à bord de ce bateau une autre personne responsable pour surveiller la personne remorquée.

Remorquage d’une personne la nuit

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque conduit un bateau qui remorque une personne sur des skis nautiques, une planche de surf, un aquaplane ou autre objet entre une heure après le coucher du soleil et son lever.

L.R. (1985), ch. C-46, art. 250; L.R. (1985), ch. 27 (1er suppl.), art. 36.

Bateau innavigable et aéronef en mauvais état

251. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque accomplit une des actions suivantes, mettant ainsi en danger la vie d’une personne :

a) envoie sciemment ou étant le capitaine, conduit sciemment un navire innavigable enregistré, immatriculé ou auquel un numéro d’identification a été accordé en vertu d’une loi fédérale :

(i) dans un voyage d’un endroit du Canada à un autre endroit situé soit au Canada ou à l’étranger,

(ii) dans un voyage d’un endroit situé dans les eaux internes des État-Unis à un endroit au Canada;

b) envoie sciemment un aéronef en vol ou conduit sciemment un aéronef qui est en mauvais état de vol;

c) met sciemment en service du matériel ferroviaire qui n’est pas en bon état de marche ou n’est pas sécuritaire ou conduit sciemment ce matériel.

Défense

(2) Un accusé ne peut être déclaré coupable d’une infraction prévue au présent article, s’il prouve :

a) dans le cas d’une infraction prévue à l’alinéa (1)a) :

(i) soit qu’il a eu recours à tous les moyens raisonnables pour s’assurer que le bateau était propre à la navigation,

(ii) soit qu’il était raisonnable et justifiable dans les circonstances d’envoyer ou de conduire le bateau dans cet état d’innavigabilité;

b) dans le cas d’une infraction prévue à l’alinéa (1)b) :

(i) soit qu’il a eu recours à tous les moyens raisonnables pour s’assurer que l’aéronef était en bon état de vol,

(ii) soit qu’il était raisonnable et justifiable dans les circonstances de conduire un aéronef qui n’était pas en bon état de vol;

c) dans le cas d’une infraction prévue à l’alinéa (1)c) :

(i) soit qu’il a eu recours à tous les moyens raisonnables pour s’assurer que le matériel était en bon état de marche,

(ii) soit qu’il était raisonnable et justifiable dans les circonstances de mettre en service le matériel en question ou de le conduire.

Consentement du procureur général

(3) L’exercice de poursuites pour une infraction prévue au présent article à l’égard d’un navire, d’un aéronef ou à l’égard de matériel ferroviaire conduit sur une voie ferrée relevant de la compétence législative du Parlement est subordonné au consentement écrit du procureur général du Canada.

L.R. (1985), ch. C-46, art. 251; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 32 (4e suppl.), art. 58.

Défaut d’arrêter lors d’un accident

252. (1) Commet une infraction quiconque, ayant la garde, la charge ou le contrôle d’un véhicule, d’un bateau ou d’un aéronef, omet dans l’intention d’échapper à toute

responsabilité civile ou criminelle d’arrêter son véhicule, son bateau ou, si c’est possible, son aéronef, de donner ses nom et adresse, et lorsqu’une personne a été blessée ou semble avoir besoin d’aide, d’offrir de l’aide, dans le cas où ce véhicule, bateau, ou aéronef est impliqué dans un accident :

a) soit avec une autre personne;

b) soit avec un véhicule, un bateau ou un aéronef;

c) soit avec du bétail sous la responsabilité d’une autre personne, dans le cas d’un véhicule impliqué dans un accident.

Peine

(1.1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque commet l’infraction prévue au paragraphe (1) dans tout cas non visé aux paragraphes (1.2) ou (1.3).

Infraction entraînant des lésions corporelles

(1.2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque commet l’infraction prévue au paragraphe (1) sachant que des lésions corporelles ont été causées à une personne impliquée dans l’accident.

Infraction entraînant des lésions corporelles ou la mort

(1.3) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité la personne qui commet l’infraction prévue au paragraphe (1) si, selon le cas :

a) elle sait qu’une autre personne impliquée dans l’accident est morte;

b) elle sait que des lésions corporelles ont été causées à cette personne et ne se soucie pas que la mort résulte de celles-ci et cette dernière en meurt.

Preuve

(2) Dans les poursuites prévues au paragraphe (1), la preuve qu’un accusé a omis d’arrêter son véhicule, bateau ou aéronef, d’offrir de l’aide, lorsqu’une personne est blessée ou semble avoir besoin d’aide et de donner ses nom et adresse constitue, en l’absence de toute preuve contraire, une preuve de l’intention d’échapper à toute responsabilité civile ou criminelle.

L.R. (1985), ch. C-46, art. 252; L.R. (1985), ch. 27 (1er suppl.), art. 36; 1994, ch. 44, art. 12; 1999, ch. 32, art. 1(préambule).

Capacité de conduite affaiblie

253. (1) Commet une infraction quiconque conduit un véhicule à moteur, un bateau, un aéronef ou du matériel ferroviaire, ou aide à conduire un aéronef ou du matériel ferroviaire, ou a la garde ou le contrôle d’un véhicule à moteur, d’un bateau, d’un aéronef ou de matériel ferroviaire, que ceux-ci soient en mouvement ou non, dans les cas suivants :

a) lorsque sa capacité de conduire ce véhicule, ce bateau, cet aéronef ou ce matériel ferroviaire est affaiblie par l’effet de l’alcool ou d’une drogue;

b) lorsqu’il a consommé une quantité d’alcool telle que son alcoolémie dépasse quatre­ vingts milligrammes d’alcool par cent millilitres de sang.

Précision

(2) Il est entendu que l’alinéa (1)a) vise notamment le cas où la capacité de conduire est affaiblie par l’effet combiné de l’alcool et d’une drogue.

L.R. (1985), ch. C-46, art. 253; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 32 (4e suppl.), art. 59; 2008, ch. 6, art. 18.

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Définitions

254. (1) Les définitions qui suivent s’appliquent au présent article et aux articles 254.1 à 258.1.

« agent évaluateur »

“evaluating officer”

« agent évaluateur » Agent de la paix qui possède les qualités prévues par règlement pour effectuer des évaluations en vertu du paragraphe (3.1).

« alcootest approuvé »

“approved instrument”

« alcootest approuvé » Instrument d’un type destiné à recueillir un échantillon de l’haleine d’une personne et à en faire l’analyse en vue de déterminer l’alcoolémie de cette personne et qui est approuvé pour l’application de l’article 258 par un arrêté du procureur général du Canada.

« analyste »

“analyst”

« analyste » Personne désignée comme analyste par le procureur général pour l’application de l’article 258.

« appareil de détection approuvé »

“approved screening device”

« appareil de détection approuvé » Instrument d’un genre conçu pour déceler la présence d’alcool dans le sang d’une personne et approuvé pour l’application du présent article par un arrêté du procureur général du Canada.

« contenant approuvé »

“approved container”

« contenant approuvé » Selon le cas :

a) contenant d’un type destiné à recueillir un échantillon de l’haleine d’une personne pour analyse et qui est approuvé comme contenant approprié pour l’application de l’article 258 par un arrêté du procureur général du Canada;

b) contenant d’un type destiné à recueillir un échantillon de sang d’une personne pour analyse et qui est approuvé pour l’application de l’article 258 par un arrêté du procureur général du Canada.

« médecin qualifié »

“qualified medical practitioner”

« médecin qualifié » Personne qui a le droit d’exercer la médecine en vertu des lois de la province.

« technicien qualifié »

“qualified technician”

« technicien qualifié »

a) Dans le cas d’un échantillon d’haleine, toute personne désignée par le procureur général comme étant qualifiée pour manipuler un alcootest approuvé;

b) dans le cas d’un échantillon de sang, toute personne désignée par le procureur général, ou qui fait partie d’une catégorie désignée par celui-ci, comme étant qualifiée pour

prélever un échantillon de sang pour l’application du présent article et des articles 256 et 258.

Contrôle pour vérifier la présence d’alcool ou de drogue

(2) L’agent de la paix qui a des motifs raisonnables de soupçonner qu’une personne a dans son organisme de l’alcool ou de la drogue et que, dans les trois heures précédentes, elle a conduit un véhicule — véhicule à moteur, bateau, aéronef ou matériel ferroviaire — ou en a eu la garde ou le contrôle ou que, s’agissant d’un aéronef ou de matériel ferroviaire, elle a aidé à le conduire, le véhicule ayant été en mouvement ou non, peut lui ordonner de se soumettre aux mesures prévues à l’alinéa a), dans le cas où il soupçonne la présence de drogue, ou aux mesures prévues à l’un ou l’autre des alinéas a) et b), ou aux deux, dans le cas où il soupçonne la présence d’alcool, et, au besoin, de le suivre à cette fin :

a) subir immédiatement les épreuves de coordination des mouvements prévues par règlement afin que l’agent puisse décider s’il y a lieu de donner l’ordre prévu aux paragraphes (3) ou (3.1);

b) fournir immédiatement l’échantillon d’haleine que celui-ci estime nécessaire à la réalisation d’une analyse convenable à l’aide d’un appareil de détection approuvé.

Enregistrement vidéo

(2.1) Il est entendu que l’agent de la paix peut procéder à l’enregistrement vidéo des épreuves de coordination des mouvements ordonnées en vertu de l’alinéa (2)a).

Prélèvement d’échantillon d’haleine ou de sang

(3) L’agent de la paix qui a des motifs raisonnables de croire qu’une personne est en train de commettre, ou a commis au cours des trois heures précédentes, une infraction prévue à l’article 253 par suite d’absorption d’alcool peut, à condition de le faire dans les meilleurs délais, lui ordonner :

a) de lui fournir dans les meilleurs délais les échantillons suivants :

(i) soit les échantillons d’haleine qui de l’avis d’un technicien qualifié sont nécessaires à une analyse convenable permettant de déterminer son alcoolémie,

(ii) soit les échantillons de sang qui, de l’avis du technicien ou du médecin qualifiés qui effectuent le prélèvement, sont nécessaires à une analyse convenable permettant de déterminer son alcoolémie, dans le cas où l’agent de la paix a des motifs raisonnables de croire qu’à cause de l’état physique de cette personne elle peut être incapable de fournir un échantillon d’haleine ou le prélèvement d’un tel échantillon serait difficilement réalisable;

b) de le suivre, au besoin, pour que puissent être prélevés les échantillons de sang ou d’haleine.

Évaluation

(3.1) L’agent de la paix qui a des motifs raisonnables de croire qu’une personne est en train de commettre, ou a commis au cours des trois heures précédentes, une infraction prévue à l’alinéa 253(1)a) par suite de l’absorption d’une drogue ou d’une combinaison d’alcool et de drogue peut, à condition de le faire dans les meilleurs délais, lui ordonner de se soumettre dans les meilleurs délais à une évaluation afin que l’agent évaluateur vérifie si sa capacité de conduire un véhicule à moteur, un bateau, un aéronef ou du matériel ferroviaire est affaiblie par suite d’une telle absorption, et de le suivre afin qu’il soit procédé à cette évaluation.

Enregistrement vidéo

(3.2) Il est entendu que l’agent de la paix peut procéder à l’enregistrement vidéo de l’évaluation visée au paragraphe (3.1).

Contrôle pour vérifier la présence d’alcool

(3.3) Dans le cas où aucun ordre n’a été donné en vertu de l’alinéa (2)b) ou du paragraphe (3), l’agent évaluateur, s’il a des motifs raisonnables de soupçonner la présence d’alcool dans l’organisme de la personne, peut, à condition de le faire dans les meilleurs délais, ordonner à celle-ci de lui fournir dans les meilleurs délais l’échantillon d’haleine qu’il estime nécessaire à la réalisation d’une analyse convenable à l’aide d’un alcootest approuvé.

Prélèvement de substances corporelles

(3.4) Une fois l’évaluation de la personne complétée, l’agent évaluateur qui a, sur le fondement de cette évaluation, des motifs raisonnables de croire que la capacité de celle­ ci de conduire un véhicule à moteur, un bateau, un aéronef ou du matériel ferroviaire est affaiblie par l’effet d’une drogue ou par l’effet combiné de l’alcool et d’une drogue peut, à condition de le faire dans les meilleurs délais, lui ordonner de se soumettre dans les meilleurs délais aux mesures suivantes :

a) soit le prélèvement de l’échantillon de liquide buccal ou d’urine qui, de l’avis de l’agent évaluateur, est nécessaire à une analyse convenable permettant de déterminer la présence d’une drogue dans son organisme;

b) soit le prélèvement des échantillons de sang qui, de l’avis du technicien ou du médecin qualifiés qui effectuent le prélèvement, sont nécessaires à une analyse convenable permettant de déterminer la présence d’une drogue dans son organisme.

Limite

(4) Les échantillons de sang ne peuvent être prélevés d’une personne en vertu des paragraphes (3) ou (3.4) que par un médecin qualifié ou sous sa direction et à la condition qu’il soit convaincu que ces prélèvements ne risquent pas de mettre en danger la vie ou la santé de cette personne.

Omission ou refus d’obtempérer

(5) Commet une infraction quiconque, sans excuse raisonnable, omet ou refuse d’obtempérer à un ordre donné en vertu du présent article.

Une seule déclaration de culpabilité

(6) La personne déclarée coupable d’une infraction prévue au paragraphe (5) à la suite du refus ou de l’omission d’obtempérer à un ordre ne peut être déclarée coupable d’une autre infraction prévue à ce paragraphe concernant la même affaire.

L.R. (1985), ch. C-46, art. 254; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 1 (4e suppl.), art. 14 et 18(F), ch. 32 (4e suppl.), art. 60; 1999, ch. 32, art. 2(préambule); 2008, ch. 6, art. 19.

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Règlements

254.1 (1) Le gouverneur en conseil peut, par règlement :

a) régir les qualités et la formation requises des agents évaluateurs;

b) établir les épreuves de coordination des mouvements à effectuer en vertu de l’alinéa 254(2)a);

c) établir les examens à effectuer et la procédure à suivre lors de l’évaluation prévue au paragraphe 254(3.1).

Incorporation de documents

(2) Peut être incorporé par renvoi dans un règlement tout document, soit dans sa version à une date donnée, soit avec ses modifications successives.

Nature du document

(3) Il est entendu que l’incorporation ne confère pas au document, pour l’application de la Loi sur les textes réglementaires, valeur de règlement.

2008, ch. 6, art. 20.

Peine

255. (1) Quiconque commet une infraction prévue à l’article 253 ou 254 est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire ou par mise en accusation et est passible :

a) que l’infraction soit poursuivie par mise en accusation ou par procédure sommaire, des peines minimales suivantes :

(i) pour la première infraction, une amende minimale de mille dollars,

(ii) pour la seconde infraction, un emprisonnement minimal de trente jours,

(iii) pour chaque infraction subséquente, un emprisonnement minimal de cent vingt jours;

b) si l’infraction est poursuivie par mise en accusation, d’un emprisonnement maximal de cinq ans;

c) si l’infraction est poursuivie par procédure sommaire, d’un emprisonnement maximal de dix-huit mois.

Conduite avec capacités affaiblies causant des lésions corporelles

(2) Quiconque commet une infraction prévue à l’alinéa 253(1)a) et cause ainsi des lésions corporelles à une autre personne est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans.

Alcoolémie supérieure à la limite permise : lésions corporelles

(2.1) Quiconque, tandis qu’il commet une infraction prévue à l’alinéa 253(1)b), cause un accident occasionnant des lésions corporelles à une autre personne, est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans.

Omission ou refus de fournir un échantillon : lésions corporelles

(2.2) Quiconque commet l’infraction prévue au paragraphe 254(5), alors qu’il sait ou devrait savoir que le véhicule — véhicule à moteur, bateau, aéronef ou matériel ferroviaire — qu’il conduisait ou dont il avait la garde ou le contrôle ou, s’agissant d’un aéronef ou de matériel ferroviaire, qu’il aidait à conduire, a causé un accident ayant occasionné des lésions corporelles à une autre personne, est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans.

Conduite avec capacités affaiblies causant la mort

(3) Quiconque commet une infraction prévue à l’alinéa 253(1)a) et cause ainsi la mort d’une autre personne est coupable d’un acte criminel passible de l’emprisonnement à perpétuité.

Alcoolémie supérieure à la limite permise : mort

(3.1) Quiconque, tandis qu’il commet une infraction prévue à l’alinéa 253(1)b), cause un accident occasionnant la mort d’une autre personne est coupable d’un acte criminel passible de l’emprisonnement à perpétuité.

Omission ou refus de fournir un échantillon : mort

(3.2) Quiconque commet l’infraction prévue au paragraphe 254(5), alors qu’il sait ou devrait savoir que le véhicule — véhicule à moteur, bateau, aéronef ou matériel ferroviaire — qu’il conduisait ou dont il avait la garde ou le contrôle ou, s’agissant d’un aéronef ou de matériel ferroviaire, qu’il aidait à conduire, a causé un accident qui soit a occasionné la mort d’une autre personne, soit lui a occasionné des lésions corporelles dont elle mourra par la suite est coupable d’un acte criminel passible de l’emprisonnement à perpétuité.

Règle d’interprétation

(3.3) Il est entendu que les peines minimales prévues à l’alinéa (1)a) s’appliquent dans les cas visés aux paragraphes (2) à (3.2).

Condamnations antérieures

(4) Une personne déclarée coupable d’une infraction prévue à l’article 253 ou au paragraphe 254(5) est, pour l’application de la présente loi, réputée être déclarée coupable d’une seconde infraction ou d’une infraction subséquente si elle a déjà été déclarée coupable auparavant d’une infraction prévue :

a) à l’une de ces dispositions;

b) aux paragraphes (2) ou (3);

c) aux articles 250, 251, 252, 253, 259 ou 260 ou au paragraphe 258(4) de la présente loi dans sa version antérieure à l’entrée en vigueur du présent paragraphe.

Absolution conditionnelle

*(5) Nonobstant le paragraphe 730(1), un tribunal peut, au lieu de déclarer une personne coupable d’une infraction prévue à l’article 253, l’absoudre en vertu de l’article 730 s’il estime, sur preuve médicale ou autre, que la personne en question a besoin de suivre une cure de désintoxication et que cela ne serait pas contraire à l’ordre public; l’absolution est

accompagnée d’une ordonnance de probation dont l’une des conditions est l’obligation de suivre une cure de désintoxication pour abus d’alcool ou de drogue.

*[Note : En vigueur dans les provinces de la Nouvelle-Écosse, du Nouveau-Brunswick, du Manitoba, de l’Île-du-Prince-Édouard, de la Saskatchewan et d’Alberta et dans le territoire du Yukon et les Territoires du Nord-Ouest, voir TR/85-211 et TR/88-24.]

L.R. (1985), ch. C-46, art. 255; L.R. (1985), ch. 27 (1er suppl.), art. 36; L.R. (1985), ch. 1 (4 e suppl.), art. 18(F); 1995, ch. 22, art. 18; 1999, ch. 32, art. 3(préambule); 2000, ch. 25, art. 2; 2008, ch. 6, art. 21, ch. 18, art. 7 et 45.2.

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Détermination de la peine : circonstances aggravantes

255.1 Sans que soit limitée la portée générale de l’article 718.2, lorsqu’un tribunal détermine la peine à infliger à l’égard d’une infraction prévue par la présente loi commise au moyen d’un véhicule à moteur, d’un bateau, d’un aéronef ou de matériel ferroviaire, tout élément de preuve selon lequel la concentration d’alcool dans le sang du contrevenant au moment où l’infraction a été commise était supérieure à cent soixante milligrammes d’alcool par cent millilitres de sang est réputé être une circonstance aggravante liée à la perpétration de l’infraction dont le tribunal doit tenir compte en vertu de l’alinéa 718.2a).

1999, ch. 32, art. 4(préambule).

Télémandats pour obtention d’échantillons de sang

256. (1) Sous réserve du paragraphe (2), un juge de paix peut décerner un mandat autorisant un agent de la paix à exiger d’un médecin qualifié qu’il prélève, ou fasse prélever par un technicien qualifié sous sa direction, les échantillons de sang nécessaires, selon la personne qui les prélève, à une analyse convenable permettant de déterminer l’alcoolémie d’une personne ou la quantité de drogue dans son sang s’il est convaincu, à la suite d’une dénonciation faite sous serment suivant la formule 1 ou une dénonciation faite sous serment et présentée par téléphone ou par tout autre moyen de télécommunication qui satisfait aux exigences établies à l’article 487.1, qu’il existe des motifs raisonnables de croire :

a) d’une part, que la personne a commis au cours des quatre heures précédentes une infraction prévue à l’article 253 à la suite de l’absorption d’alcool ou de drogue et qu’elle est impliquée dans un accident ayant causé des lésions corporelles à elle-même ou à un tiers, ou la mort de celui-ci;

b) d’autre part, qu’un médecin qualifié est d’avis à la fois :

(i) que cette personne se trouve, à cause de l’absorption d’alcool ou de drogue, de l’accident ou de tout autre événement lié à l’accident, dans un état physique ou psychologique qui ne lui permet pas de consentir au prélèvement de son sang,

(ii) que le prélèvement d’un échantillon de sang ne risquera pas de mettre en danger la vie ou la santé de cette personne.

Formule

(2) Un mandat décerné en vertu du paragraphe (1) peut être rédigé suivant les formules 5 ou 5.1 en les adaptant aux circonstances.

Dénonciation sous serment

(3) Nonobstant les alinéas 487.1(4)b) et c), une dénonciation sous serment présentée par téléphone ou par tout autre moyen de télécommunication pour l’application du présent article comprend, au lieu des déclarations prévues à ces alinéas, une déclaration énonçant la présumée infraction et l’identité de la personne qui fera l’objet des prélèvements de sang.

Durée du mandat

(4) Une personne visée par un mandat décerné suivant le paragraphe (1) peut subir des prélèvements de sang seulement durant la période évaluée par un médecin qualifié comme étant celle où subsistent les conditions prévues aux sous-alinéas (1)b)(i) et (ii).

Fac-similé ou copie à la personne

(5) Après l’exécution d’un mandat décerné suivant le paragraphe (1), l’agent de la paix doit dans les meilleurs délais en donner une copie à la personne qui fait l’objet d’un prélèvement de sang ou, dans le cas d’un mandat décerné par téléphone ou par tout autre moyen de télécommunication, donner un fac-similé du mandat à cette personne.

L.R. (1985), ch. C-46, art. 256; L.R. (1985), ch. 27 (1er suppl.), art. 36; 1992, ch. 1, art. 58; 1994, ch. 44, art. 13; 2000, ch. 25, art. 3; 2008, ch. 6, art. 22.

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Non-culpabilité

257. (1) Un médecin qualifié ou un technicien qualifié n’est pas coupable d’une infraction uniquement en raison de son refus de prélever un échantillon de sang d’une personne, pour l’application des articles 254 ou 256 ou, dans le cas d’un médecin qualifié, uniquement de son refus de faire prélever par un technicien qualifié un échantillon de sang d’une personne, pour l’application de ces articles.

Immunité

(2) Il ne peut être intenté aucune procédure civile ou criminelle contre un médecin qualifié qui prélève ou fait prélever un échantillon de sang en vertu des paragraphes 254(3) ou (3.4) ou de l’article 256, ni contre le technicien qualifié agissant sous sa direction pour tout geste nécessaire au prélèvement posé avec des soins et une habileté raisonnables.

L.R. (1985), ch. C-46, art. 257; L.R. (1985), ch. 27 (1er suppl.), art. 36; 2008, ch. 6, art. 23.

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Poursuites en vertu de l’article 255

258. (1) Dans des poursuites engagées en vertu du paragraphe 255(1) à l’égard d’une infraction prévue à l’article 253 ou au paragraphe 254(5) ou dans des poursuites engagées en vertu de l’un des paragraphes 255(2) à (3.2) :

a) lorsqu’il est prouvé que l’accusé occupait la place ou la position ordinairement occupée par la personne qui conduit le véhicule à moteur, le bateau, l’aéronef ou le matériel ferroviaire, ou qui aide à conduire un aéronef ou du matériel ferroviaire, il est réputé en avoir eu la garde ou le contrôle à moins qu’il n’établisse qu’il n’occupait pas cette place ou position dans le but de mettre en marche ce véhicule, ce bateau, cet aéronef ou ce matériel ferroviaire, ou dans le but d’aider à conduire l’aéronef ou le matériel ferroviaire, selon le cas;

b) le résultat d’une analyse d’un échantillon de l’haleine, du sang, de l’urine ou d’une autre substance corporelle de l’accusé — autre qu’un échantillon prélevé en vertu des paragraphes 254(3), (3.3) ou (3.4) — peut être admis en preuve même si, avant de donner l’échantillon, l’accusé n’a pas été averti qu’il n’était pas tenu de le donner ou que le résultat de l’analyse de l’échantillon pourrait servir en preuve;

c) lorsque des échantillons de l’haleine de l’accusé ont été prélevés conformément à un ordre donné en vertu du paragraphe 254(3), la preuve des résultats des analyses fait foi de façon concluante, en l’absence de toute preuve tendant à démontrer à la fois que les résultats des analyses montrant une alcoolémie supérieure à quatre-vingts milligrammes d’alcool par cent millilitres de sang découlent du mauvais fonctionnement ou de l’utilisation incorrecte de l’alcootest approuvé et que l’alcoolémie de l’accusé au moment où l’infraction aurait été commise ne dépassait pas quatre-vingts milligrammes d’alcool par cent millilitres de sang, de l’alcoolémie de l’accusé tant au moment des analyses qu’à celui où l’infraction aurait été commise, ce taux correspondant aux résultats de ces analyses, lorsqu’ils sont identiques, ou au plus faible d’entre eux s’ils sont différents, si les conditions suivantes sont réunies :

(i) [Non en vigueur]

(ii) chaque échantillon a été prélevé dès qu’il a été matériellement possible de le faire après le moment où l’infraction aurait été commise et, dans le cas du premier échantillon, pas plus de deux heures après ce moment, les autres l’ayant été à des intervalles d’au moins quinze minutes,

(iii) chaque échantillon a été reçu de l’accusé directement dans un contenant approuvé ou dans un alcootest approuvé, manipulé par un technicien qualifié,

(iv) une analyse de chaque échantillon a été faite à l’aide d’un alcootest approuvé, manipulé par un technicien qualifié;

d) lorsqu’un échantillon de sang de l’accusé a été prélevé en vertu du paragraphe 254(3) ou de l’article 256 ou prélevé avec le consentement de l’accusé, la preuve du résultat de l’analyse ainsi faite fait foi de façon concluante, en l’absence de toute preuve tendant à démontrer à la fois que le résultat de l’analyse montrant une alcoolémie supérieure à quatre-vingts milligrammes d’alcool par cent millilitres de sang découle du fait que l’analyse n’a pas été faite correctement et que l’alcoolémie de l’accusé au moment où l’infraction aurait été commise ne dépassait pas quatre-vingts milligrammes d’alcool par cent millilitres de sang, de l’alcoolémie de l’accusé tant au moment du prélèvement de l’échantillon qu’à celui où l’infraction aurait été commise, ce taux correspondant au résultat de l’analyse, ou, si plus d’un échantillon a été analysé, aux résultats des analyses, lorsqu’ils sont identiques, ou au plus faible d’entre eux s’ils sont différents, si les conditions suivantes sont réunies :

(i) au moment où l’échantillon a été prélevé, la personne qui le prélevait a pris un échantillon supplémentaire du sang de l’accusé et un échantillon a été gardé pour en permettre l’analyse à la demande de l’accusé et, si celui-ci fait la demande visée au paragraphe (4) dans les six mois du prélèvement, une ordonnance de remise de l’échantillon a été rendue en conformité avec ce paragraphe,

(ii) les échantillons mentionnés au sous-alinéa (i) ont été prélevés dans les meilleurs délais après la commission de l’infraction alléguée et dans tous les cas au plus tard deux heures après,

(iii) les échantillons mentionnés au sous-alinéa (i) ont été prélevés par un médecin qualifié ou un technicien qualifié sous la direction d’un médecin qualifié,

(iv) les échantillons mentionnés au sous-alinéa (i) ont été reçus de l’accusé directement, ou ont été placés directement, dans des contenants approuvés et scellés,

(v) l’analyse d’au moins un des échantillons a été faite par un analyste;

d.01) il est entendu que ne constituent pas une preuve tendant à démontrer le mauvais fonctionnement ou l’utilisation incorrecte de l’alcootest approuvé ou le fait que les analyses ont été effectuées incorrectement les éléments de preuve portant :

(i) soit sur la quantité d’alcool consommé par l’accusé,

(ii) soit sur le taux d’absorption ou d’élimination de l’alcool par son organisme,

(iii) soit sur le calcul, fondé sur ces éléments de preuve, de ce qu’aurait été son alcoolémie au moment où l’infraction aurait été commise;

d.1) si les analyses visées aux alinéas c) ou d) montrent une alcoolémie supérieure à quatre-vingts milligrammes d’alcool par cent millilitres de sang, le résultat des analyses fait foi d’une telle alcoolémie au moment où l’infraction aurait été commise, en l’absence de preuve tendant à démontrer que la consommation d’alcool par l’accusé était compatible avec, à la fois :

(i) une alcoolémie ne dépassant pas quatre-vingts milligrammes d’alcool par cent millilitres de sang au moment où l’infraction aurait été commise,

(ii) l’alcoolémie établie par les analyses visées aux alinéas c) ou d), selon le cas, au moment du prélèvement des échantillons;

e) le certificat d’un analyste déclarant qu’il a effectué l’analyse d’un échantillon de sang, d’urine, d’haleine ou d’une autre substance corporelle de l’accusé et indiquant le résultat de son analyse fait preuve des faits allégués dans le certificat sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire;

f) le certificat d’un analyste déclarant qu’il a effectué une analyse d’un échantillon d’un alcool type identifié dans le certificat et conçu pour être utilisé avec un alcootest approuvé, et qu’il s’est révélé que l’échantillon analysé par lui convenait bien pour l’utilisation avec un alcootest approuvé, fait foi de ce que l’alcool type ainsi identifié est convenable pour utilisation avec un alcootest approuvé, sans qu’il soit nécessaire de prouver la signature ou la qualité officielle du signataire;

f.1) le document imprimé par l’alcootest approuvé où figurent les opérations effectuées par celui-ci et qui en démontre le bon fonctionnement lors de l’analyse des échantillons de l’haleine de l’accusé, signé et certifié comme tel par le technicien qualifié, fait preuve des faits qui y sont allégués sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire;

g) lorsque des échantillons de l’haleine de l’accusé ont été prélevés conformément à une demande faite en vertu du paragraphe 254(3), le certificat d’un technicien qualifié fait preuve des faits allégués dans le certificat sans qu’il soit nécessaire de prouver la signature ou la qualité officielle du signataire, si le certificat du technicien qualifié contient :

(i) la mention que l’analyse de chacun des échantillons a été faite à l’aide d’un alcootest approuvé, manipulé par lui et dont il s’est assuré du bon fonctionnement au moyen d’un

alcool type identifié dans le certificat, comme se prêtant bien à l’utilisation avec cet alcootest approuvé,

(ii) la mention des résultats des analyses ainsi faites,

(iii) la mention, dans le cas où il a lui-même prélevé les échantillons :

(A) [Non en vigueur]

(B) du temps et du lieu où chaque échantillon et un spécimen quelconque mentionné dans la division (A) ont été prélevés,

(C) que chaque échantillon a été reçu directement de l’accusé dans un contenant approuvé ou dans un alcootest approuvé, manipulé par lui;

h) lorsque les échantillons du sang de l’accusé ont été prélevés en vertu des paragraphes 254(3) ou (3.4) ou de l’article 256 ou prélevés avec le consentement de l’accusé, un certificat d’un médecin ou d’un technicien qualifiés fait preuve des faits allégués dans le certificat sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire dans l’un ou l’autre des cas suivants :

(i) le certificat du médecin qualifié contient :

(A) la mention qu’il a lui-même prélevé les échantillons et que, avant de les prélever, il était d’avis que ces derniers ne mettraient pas en danger la vie ou la santé de l’accusé et, dans le cas d’un ordre donné en vertu de l’article 256, que l’accusé était incapable de donner un consentement au prélèvement de son sang à cause de l’état physique ou psychologique dans lequel il se trouvait en raison de l’absorption d’alcool ou de drogue, de l’accident ou de tout événement découlant de l’accident ou lié à celui-ci,

(B) la mention qu’au moment du prélèvement de l’échantillon, un autre échantillon du sang de l’accusé a été prélevé pour en permettre une analyse à la demande de celui-ci,

(C) la mention du temps et du lieu où les échantillons mentionnés à la division (B) ont été prélevés,

(D) la mention que les échantillons mentionnés à la division (B) ont été reçus directement de l’accusé ou ont été placés directement dans des contenants approuvés, scellés et identifiés dans le certificat,

(ii) le certificat du médecin qualifié énonce qu’il a fait prélever les échantillons par un technicien qualifié sous sa direction et qu’il était de l’avis mentionné à la division (i)(A),

(iii) le certificat du technicien qualifié énonce les faits mentionnés aux divisions (i)(B) à (D) et qu’il a prélevé les échantillons;

i) le certificat de l’analyste déclarant qu’il a effectué une analyse d’un échantillon du sang de l’accusé présent dans un contenant approuvé, scellé et identifié dans le certificat, indiquant le moment, le lieu de l’analyse et le résultat de celle-ci fait foi des faits énoncés dans le certificat sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Preuve de l’omission de fournir un échantillon

(2) Sauf si une personne est tenue de fournir un échantillon d’une substance corporelle aux termes de l’alinéa 254(2)b) ou des paragraphes 254(3), (3.3) ou (3.4), la preuve qu’elle a omis ou refusé de fournir pour analyse un échantillon pour l’application du présent article, ou que l’échantillon n’a pas été prélevé, n’est pas admissible; de plus, l’omission ou le refus ou le fait qu’un échantillon n’a pas été prélevé ne saurait faire l’objet de commentaires par qui que ce soit au cours des procédures.

Preuve de l’omission d’obtempérer à un ordre

(3) Dans toute poursuite engagée en vertu du paragraphe 255(1) à l’égard d’une infraction prévue à l’alinéa 253(1)a) ou en vertu des paragraphes 255(2) ou (3), la preuve que l’accusé a, sans excuse raisonnable, omis ou refusé d’obtempérer à un ordre qui lui a été donné en vertu de l’article 254 est admissible et le tribunal peut en tirer une conclusion défavorable à l’accusé.

Accessibilité au spécimen pour analyse

(4) Si, au moment du prélèvement de l’échantillon du sang de l’accusé, un échantillon supplémentaire de celui-ci a été pris et gardé, un juge d’une cour supérieure de juridiction criminelle ou d’une cour de juridiction criminelle peut, sur demande sommaire de l’accusé présentée dans les six mois du prélèvement, ordonner qu’un spécimen de son sang lui soit remis pour examen ou analyse. L’ordonnance peut être assortie des conditions estimées nécessaires ou souhaitables pour assurer la conservation du spécimen et sa disponibilité lors des procédures en vue desquelles il a été prélevé.

Analyse du sang pour déceler des drogues

(5) Un échantillon de sang d’un accusé prélevé pour déterminer son alcoolémie en vertu du paragraphe 254(3) ou de l’article 256 ou avec le consentement de l’accusé peut être analysé afin de déterminer la quantité de drogue dans son sang.

Présence et droit de contre-interroger

(6) Une partie contre qui est produit un certificat mentionné aux alinéas (1)e), f), f.1), g), h) ou i) peut, avec l’autorisation du tribunal, exiger la présence de l’analyste, du technicien qualifié ou du médecin qualifié, selon le cas, pour contre-interrogatoire.

Avis de l’intention de produire le certificat

(7) Aucun certificat ne peut être reçu en preuve en conformité avec l’alinéa (1)e), f), g), h) ou i), à moins que la partie qui a l’intention de le produire n’ait, avant le procès, donné à l’autre partie un avis raisonnable de son intention et une copie du certificat.

L.R. (1985), ch. C-46, art. 258; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 32 (4e suppl.), art. 61; 1992, ch. 1, art. 60(F); 1994, ch. 44, art. 14(A); 1997, ch. 18, art. 10; 2008, ch. 6, art. 24.

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Utilisation des substances

258.1 (1) Sous réserve des paragraphes 258(4) et (5) et du paragraphe (3), il est interdit d’utiliser les substances corporelles prélevées sur une personne en vertu de l’alinéa 254(2)b), des paragraphes 254(3), (3.3) ou (3.4) ou de l’article 256 ou prélevées avec son consentement à la demande d’un agent de la paix ou les échantillons médicaux prélevés avec son consentement et subséquemment saisis en vertu d’un mandat à d’autres fins que pour les analyses qui y sont prévues ou pour lesquelles elle a consenti.

Utilisation des résultats

(2) Sous réserve des paragraphes (3) et (4), il est interdit d’utiliser, ou de communiquer ou de laisser communiquer, les résultats des épreuves de coordination des mouvements effectuées en vertu de l’alinéa 254(2)a), les résultats de l’évaluation effectuée en vertu du paragraphe 254(3.1), les résultats de l’analyse de substances corporelles prélevées sur une personne en vertu de l’alinéa 254(2)b), des paragraphes 254(3), (3.3) ou (3.4) ou de l’article 256 ou prélevées avec son consentement à la demande d’un agent de la paix ou les résultats de l’analyse des échantillons médicaux prélevés avec son consentement et subséquemment saisis en vertu d’un mandat, sauf :

a) dans le cadre de l’enquête relative à une infraction prévue soit à l’un des articles 220, 221, 236 et 249 à 255, soit à la partie I de la Loi sur l’aéronautique, soit à la Loi sur la sécurité ferroviaire pour violation des règles ou règlements concernant la consommation d’alcool ou de drogue, ou lors de poursuites intentées à l’égard d’une telle infraction;

b) en vue de l’application ou du contrôle d’application d’une loi provinciale.

Exception

(3) Les paragraphes (1) et (2) ne s’appliquent pas aux personnes qui, à des fins médicales, utilisent des échantillons, ou utilisent ou communiquent des résultats d’analyses effectuées à des fins médicales, qui sont subséquemment saisis en vertu d’un mandat.

Exception

(4) Les résultats des épreuves, de l’évaluation ou de l’analyse mentionnées au paragraphe (2) peuvent être communiqués à la personne en cause et, s’ils sont dépersonnalisés, à toute autre personne à des fins de recherche ou statistique.

Infraction

(5) Quiconque contrevient aux paragraphes (1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

2008, ch. 6, art. 25.

Ordonnance d’interdiction obligatoire

259. (1) Lorsqu’un contrevenant est déclaré coupable d’une infraction prévue aux articles 253 ou 254 ou au présent article ou absous sous le régime de l’article 730 d’une infraction prévue à l’article 253 et qu’au moment de l’infraction, ou dans les trois heures qui la précèdent dans le cas d’une infraction prévue à l’article 254, il conduisait ou avait la garde ou le contrôle d’un véhicule à moteur, d’un bateau, d’un aéronef ou de matériel ferroviaire, ou aidait à la conduite d’un aéronef ou de matériel ferroviaire, le tribunal qui lui inflige une peine doit, en plus de toute autre peine applicable à cette infraction, rendre une ordonnance lui interdisant de conduire un véhicule à moteur dans une rue, sur un chemin ou une grande route ou dans tout autre lieu public, un bateau, un aéronef ou du matériel ferroviaire :

a) pour une première infraction, durant une période minimale d’un an et maximale de trois ans, en plus de la période d’emprisonnement à laquelle il est condamné;

b) pour une deuxième infraction, durant une période minimale de deux ans et maximale de cinq ans, en plus de la période d’emprisonnement à laquelle il est condamné;

c) pour chaque infraction subséquente, durant une période minimale de trois ans, en plus de la période d’emprisonnement à laquelle il est condamné.

Programme d’utilisation d’antidémarreurs avec éthylomètre

(1.1) À moins d’ordonnance contraire du tribunal, le contrevenant peut, sous réserve du paragraphe (1.2), conduire, durant la période d’interdiction, un véhicule à moteur équipé d’un antidémarreur avec éthylomètre s’il est inscrit à un programme d’utilisation d’antidémarreurs avec éthylomètre institué sous le régime juridique de la province où il réside et respecte les conditions du programme.

Période minimale d’interdiction absolue

(1.2) Le contrevenant qui est inscrit à un programme visé au paragraphe (1.1) ne peut conduire un véhicule à moteur équipé d’un antidémarreur avec éthylomètre qu’après l’expiration :

a) soit de l’une des périodes suivantes :

(i) la période de trois mois suivant l’imposition de la peine, pour la première infraction,

(ii) la période de six mois suivant l’imposition de la peine, pour la deuxième infraction,

(iii) la période de douze mois suivant l’imposition de la peine, pour chaque infraction subséquente;

b) soit de la période supérieure à celle visée à l’alinéa a) que le tribunal peut fixer par ordonnance.

(1.3) et (1.4) [Abrogés, 2008, ch. 18, art. 8]

Ordonnance d’interdiction discrétionnaire

(2) Lorsqu’un contrevenant est déclaré coupable ou absous sous le régime de l’article 730 d’une infraction prévue aux articles 220, 221, 236, 249, 249.1, 250, 251 ou 252 ou à l’un des paragraphes 255(2) à (3.2) commise au moyen d’un véhicule à moteur, d’un bateau, d’un aéronef ou de matériel ferroviaire, le tribunal qui lui inflige une peine peut, en plus de toute autre peine applicable en l’espèce, rendre une ordonnance lui interdisant de conduire un véhicule à moteur dans une rue, sur un chemin ou une grande route ou dans tout autre lieu public, un bateau, un aéronef ou du matériel ferroviaire :

a) durant toute période que le tribunal considère comme appropriée, si le contrevenant est condamné à l’emprisonnement à perpétuité pour cette infraction;

a.1) durant toute période que le tribunal considère comme appropriée, en plus de la période d’emprisonnement à laquelle il est condamné si celle-ci est inférieure à l’emprisonnement à perpétuité, dans le cas où le contrevenant est passible d’un emprisonnement à perpétuité pour cette infraction;

b) durant toute période maximale de dix ans, en plus de la période d’emprisonnement à laquelle il est condamné, si le contrevenant est passible d’un emprisonnement de plus de cinq ans mais inférieur à l’emprisonnement à perpétuité;

c) durant toute période maximale de trois ans, en plus de la période d’emprisonnement à laquelle il est condamné, dans tout autre cas.

Périodes d’interdiction consécutives

(2.1) Dans l’ordonnance qu’il rend en vertu du présent article, le tribunal peut prévoir que la période d’interdiction visant tel moyen de transport s’applique consécutivement à toute autre période d’interdiction prévue relativement au même moyen de transport dans toute autre ordonnance rendue en vertu du présent article qui est toujours en vigueur.

Réserve

(3) Aucune ordonnance rendue en vertu des paragraphes (1) et (2) ne peut empêcher une personne d’agir comme capitaine, lieutenant ou officier mécanicien d’un bateau tenu d’avoir à bord des officiers titulaires d’un certificat de capitaine, lieutenant ou d’officier mécanicien.

Ordonnance d’interdiction obligatoire (simple)

(3.1) Lorsqu’un contrevenant est déclaré coupable ou absous, sous le régime de l’article 730, d’une infraction au paragraphe 249.4(1), le tribunal, indépendamment de toute autre peine qu’il lui inflige, rend une ordonnance lui interdisant de conduire un véhicule à moteur dans une rue, un chemin ou une grande route ou tout autre lieu public :

a) pour une première infraction, durant une période minimale d’un an et maximale de trois ans, en plus de la période d’emprisonnement à laquelle il est condamné;

b) pour une deuxième infraction, durant une période minimale de deux ans et maximale de cinq ans, en plus de la période d’emprisonnement à laquelle il est condamné;

c) pour chaque infraction subséquente, durant une période minimale de trois ans, en plus de la période d’emprisonnement à laquelle il est condamné.

Ordonnance d’interdiction obligatoire (lésions corporelles)

(3.2) Lorsqu’un contrevenant est déclaré coupable ou absous, sous le régime de l’article 730, d’une infraction à l’article 249.3 ou au paragraphe 249.4(3), le tribunal, indépendamment de toute autre peine qu’il lui inflige, rend une ordonnance lui interdisant de conduire un véhicule à moteur dans une rue, un chemin ou une grande route ou tout autre lieu public :

a) pour une première infraction, durant une période minimale d’un an et maximale de dix ans, en plus de la période d’emprisonnement à laquelle il est condamné;

b) pour une deuxième infraction, durant une période minimale de deux ans et maximale de dix ans, en plus de la période d’emprisonnement à laquelle il est condamné;

c) pour chaque infraction subséquente, durant une période minimale de trois ans, en plus de la période d’emprisonnement à laquelle il est condamné.

Ordonnance d’interdiction obligatoire (mort)

(3.3) Lorsqu’un contrevenant est déclaré coupable ou absous, sous le régime de l’article 730, d’une première infraction à l’article 249.2 ou au paragraphe 249.4(4), le tribunal, indépendamment de toute autre peine qu’il lui inflige, rend une ordonnance lui interdisant

de conduire un véhicule à moteur dans une rue, un chemin ou une grande route ou tout autre lieu public :

a) s’agissant d’une infraction à l’article 249.2, durant une période minimale d’un an, en plus de la période d’emprisonnement à laquelle il est condamné;

b) s’agissant d’une infraction au paragraphe 249.4(4), durant une période minimale d’un an et maximale de dix ans, en plus de la période d’emprisonnement à laquelle il est condamné.

Interdiction à perpétuité obligatoire

(3.4) Lorsqu’un contrevenant est déclaré coupable ou absous, sous le régime de l’article 730, de l’une des infraction prévues aux articles 249.2 ou 249.3 ou aux paragraphes 249.4(3) ou (4), qu’il a déjà été déclaré coupable ou absous, sous le régime de l’article 730, de l’une de ces infractions, et qu’au moins une des déclarations de culpabilité ou absolutions concerne une infraction visée à l’article 249.2 ou au paragraphe 249.4(4), le tribunal qui lui inflige une peine rend une ordonnance lui interdisant à perpétuité de conduire un véhicule à moteur dans une rue, un chemin ou une grande route ou tout autre lieu public.

Conduite durant l’interdiction

(4) À moins d’être inscrit à un programme d’utilisation d’antidémarreurs avec éthylomètre institué sous le régime juridique de la province où il réside et d’en respecter les conditions, quiconque conduit un véhicule à moteur, un bateau, un aéronef ou du matériel ferroviaire au Canada pendant qu’il lui est interdit de le faire est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Définition de « interdiction »

(5) Pour l’application du présent article, « interdiction » s’entend selon le cas :

a) de l’ interdiction de conduire un véhicule à moteur, un bateau, un aéronef ou du matériel ferroviaire prononcée en vertu de l’un des paragraphes (1), (2) et (3.1) à (3.4);

b) dans le cas d’une déclaration de culpabilité ou d’une absolution, sous le régime de l’article 730, relativement à une infraction visée au paragraphe (1), (2) ou (3.1) à (3.4), de l’interdiction ou de l’inaptitude à conduire ou de toute autre forme de restriction légale du droit ou de l’autorisation de conduire un véhicule à moteur, un bateau ou un aéronef infligée :

(i) en vertu d’une loi provinciale, dans le cas d’un véhicule à moteur,

(ii) en vertu d’une loi fédérale, dans le cas d’un bateau ou d’un aéronef.

L.R. (1985), ch. C-46, art. 259; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 1 (4e suppl.), art. 18(F), ch. 32 (4e suppl.), art. 62; 1995, ch. 22, art. 10 et 18; 1997, ch. 18, art. 11; 1999, ch. 32, art. 5(préambule); 2000, ch. 2, art. 2; 2001, ch. 37, art. 1; 2006, ch. 14, art. 3; 2008, ch. 6, art. 26, ch. 18, art. 8.

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Procédure d’ordonnance d’interdiction

260. (1) Le tribunal qui rend une ordonnance d’interdiction en vertu de l’article 259 s’assure que les exigences ci-après sont respectées :

a) l’ordonnance est lue au contrevenant ou par celui-ci;

b) une copie de l’ordonnance est remise au contrevenant;

c) le contrevenant est informé des dispositions du paragraphe 259(4).

Signature du contrevenant

(2) Après que les exigences du paragraphe (1) ont été satisfaites, le contrevenant signe l’ordonnance attestant ainsi qu’il en a reçu copie et qu’elle lui a été expliquée.

Validité de l’ordonnance non atteinte

(3) Le défaut de se conformer au paragraphe (2) ne porte pas atteinte à la validité de l’ordonnance.

Fardeau

(4) En l’absence de toute preuve contraire, lorsqu’il est prouvé qu’une personne fait l’objet d’une interdiction en conformité avec l’alinéa 259(5)b) et que l’avis de cette interdiction a été envoyé par courrier certifié ou recommandé à cette personne, celle-ci, à compter du sixième jour de la mise à la poste de l’avis, est présumée avoir reçu l’avis et pris connaissance de l’existence de l’interdiction, de sa date d’entrée en vigueur et de sa durée.

Admissibilité du certificat ou preuve

(5) Dans les poursuites engagées en vertu de l’article 259, un certificat constitue la preuve des faits qui y sont allégués sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire lorsqu’il établit avec détails raisonnables ce qui suit :

a) il est interdit à la personne visée par le certificat de conduire un véhicule à moteur dans une province et le certificat est censé être signé par le directeur du bureau des véhicules automobiles de cette province;

b) il est interdit à la personne visée par le certificat de conduire un bateau ou un aéronef, et le certificat est censé être signé par le ministre des Transports ou la personne qu’il désigne à cette fin.

Avis à l’accusé

(6) Le paragraphe (5) ne s’applique à des procédures que si un avis écrit d’au moins sept jours est donné à l’accusé, indiquant l’intention de présenter le certificat en preuve.

Définition de « directeur du bureau des véhicules automobiles »

(7) Au paragraphe (5), « directeur du bureau des véhicules automobiles » s’entend de son adjoint et de toute personne ou de tout organisme qui, quel que soit son nom ou son titre, remplit les fonctions de directeur de l’immatriculation de ces véhicules dans une province.

L.R. (1985), ch. C-46, art. 260; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 1 (4e suppl.), art. 18(F); 2006, ch. 14, art. 4.

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Effet de l’appel sur l’ordonnance

261. (1) Sous réserve du paragraphe (1.1), dans les cas où la déclaration de culpabilité ou l’absolution prononcée en vertu de l’article 730 à l’égard d’une infraction prévue à l’un des articles 220, 221, 236, 249 à 255 ou 259 fait l’objet d’un appel, un juge du tribunal qui en est saisi peut ordonner la suspension de toute ordonnance d’interdiction prévue à l’article 259 et résultant de cette déclaration de culpabilité ou de cette absolution, aux conditions que lui ou le tribunal impose, jusqu’à ce qu’une décision définitive soit rendue sur l’appel ou jusqu’à ce que le tribunal en décide autrement.

Appels devant la Cour suprême du Canada

(1.1) Dans le cas d’un appel devant la Cour suprême du Canada, le juge autorisé à décider de la suspension de l’ordonnance visée au paragraphe (1) est celui de la cour d’appel dont le jugement est porté en appel.

Précision

(2) L’assujettissement, en application des paragraphes (1) ou (1.1), de la suspension de l’ordonnance d’interdiction à des conditions ne peut avoir pour effet de réduire la période d’interdiction applicable.

L.R. (1985), ch. C-46, art. 261; L.R. (1985), ch. 27 (1er suppl.), art. 36, ch. 1 (4e suppl.), art. 18(F); 1994, ch. 44, art. 15 et 103; 1995, ch. 22, art. 10; 1997, ch. 18, art. 12 et 141; 2006, ch. 14, art. 5; 2008, ch. 6, art. 27.

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Empêcher de sauver une vie

262. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, selon le cas :

a) empêche ou entrave, ou tente d’empêcher ou d’entraver, une personne qui essaie de sauver sa propre vie;

b) sans motif raisonnable, empêche ou entrave, ou tente d’empêcher ou d’entraver, toute personne qui essaie de sauver la vie d’une autre.

S.R., ch. C-34, art. 241.

Obligation de protéger les ouvertures dans la glace

263. (1) Quiconque pratique ou fait pratiquer une ouverture dans une étendue de glace accessible au public ou fréquentée par le public, est légalement tenu de la protéger d’une manière suffisante pour empêcher que des personnes n’y tombent par accident et pour les avertir que cette ouverture existe.

Excavations

(2) Quiconque laisse une excavation sur un terrain qui lui appartient, ou dont il a la garde ou la surveillance, est légalement tenu de la protéger d’une manière suffisante pour empêcher que des personnes n’y tombent par accident et pour les avertir que cette excavation existe.

Infractions

(3) Quiconque ne s’acquitte pas d’une obligation imposée par le paragraphe (1) ou (2) est coupable :

a) soit d’homicide involontaire coupable, si la mort d’une personne en résulte;

b) soit de l’infraction prévue à l’article 269, s’il en résulte des lésions corporelles à une personne;

c) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 242; 1980-81-82-83, ch. 125, art. 18.

Harcèlement criminel

264. (1) Il est interdit, sauf autorisation légitime, d’agir à l’égard d’une personne sachant qu’elle se sent harcelée ou sans se soucier de ce qu’elle se sente harcelée si l’acte en question a pour effet de lui faire raisonnablement craindre — compte tenu du contexte — pour sa sécurité ou celle d’une de ses connaissances.

Actes interdits

(2) Constitue un acte interdit aux termes du paragraphe (1), le fait, selon le cas, de :

a) suivre cette personne ou une de ses connaissances de façon répétée;

b) communiquer de façon répétée, même indirectement, avec cette personne ou une de ses connaissances;

c) cerner ou surveiller sa maison d’habitation ou le lieu où cette personne ou une de ses connaissances réside, travaille, exerce son activité professionnelle ou se trouve;

d) se comporter d’une manière menaçante à l’égard de cette personne ou d’un membre de sa famille.

Peine

(3) Quiconque commet une infraction au présent article est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Circonstance aggravante

(4) Le tribunal qui détermine la peine à infliger à une personne déclarée coupable d’une infraction prévue au présent article est tenu de considérer comme circonstance aggravante le fait que cette personne, en commettant l’infraction, enfreignait :

a) une condition d’une ordonnance rendue en vertu de l’article 161 ou une condition d’un engagement contracté dans le cadre des articles 810, 810.1 ou 810.2;

b) une condition d’une ordonnance rendue ou une condition d’un engagement contracté au titre de la common law ou en vertu de la présente loi, d’une autre loi fédérale ou d’une loi provinciale, qui a des effets semblables à ceux de l’ordonnance ou de l’engagement visé à l’alinéa a).

Motifs

(5) Dans la détermination de la peine, le tribunal qui décide de ne pas tenir compte de la circonstance aggravante prévue au paragraphe (4) est tenu de motiver sa décision.

L.R. (1985), ch. C-46, art. 264; L.R. (1985), ch. 27 (1er suppl.), art. 37; 1993, ch. 45, art. 2; 1997, ch. 16, art. 4, ch. 17, art. 9; 2002, ch. 13, art. 10.

Voies de fait Proférer des menaces

264.1 (1) Commet une infraction quiconque sciemment profère, transmet ou fait recevoir par une personne, de quelque façon, une menace :

a) de causer la mort ou des lésions corporelles à quelqu’un;

b) de brûler, détruire ou endommager des biens meubles ou immeubles;

c) de tuer, empoisonner ou blesser un animal ou un oiseau qui est la propriété de quelqu’un.

Peine

(2) Quiconque commet une infraction prévue à l’alinéa (1)a) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

Idem

(3) Quiconque commet une infraction prévue à l’alinéa (1)b) ou c) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. 27 (1er suppl.), art. 38; 1994, ch. 44, art. 16.

Voies de fait

265. (1) Commet des voies de fait, ou se livre à une attaque ou une agression, quiconque, selon le cas :

a) d’une manière intentionnelle, emploie la force, directement ou indirectement, contre une autre personne sans son consentement;

b) tente ou menace, par un acte ou un geste, d’employer la force contre une autre personne, s’il est en mesure actuelle, ou s’il porte cette personne à croire, pour des motifs raisonnables, qu’il est alors en mesure actuelle d’accomplir son dessein;

c) en portant ostensiblement une arme ou une imitation, aborde ou importune une autre personne ou mendie.

Application

(2) Le présent article s’applique à toutes les espèces de voies de fait, y compris les agressions sexuelles, les agressions sexuelles armées, menaces à une tierce personne ou infliction de lésions corporelles et les agressions sexuelles graves.

Consentement

(3) Pour l’application du présent article, ne constitue pas un consentement le fait pour le plaignant de se soumettre ou de ne pas résister en raison :

a) soit de l’emploi de la force envers le plaignant ou une autre personne;

b) soit des menaces d’emploi de la force ou de la crainte de cet emploi envers le plaignant ou une autre personne;

c) soit de la fraude;

d) soit de l’exercice de l’autorité.

Croyance de l’accusé quant au consentement

(4) Lorsque l’accusé allègue qu’il croyait que le plaignant avait consenti aux actes sur lesquels l’accusation est fondée, le juge, s’il est convaincu qu’il y a une preuve suffisante et que cette preuve constituerait une défense si elle était acceptée par le jury, demande à ce dernier de prendre en considération, en évaluant l’ensemble de la preuve qui concerne la détermination de la sincérité de la croyance de l’accusé, la présence ou l’absence de motifs raisonnables pour celle-ci.

S.R., ch. C-34, art. 244; 1974-75-76, ch. 93, art. 21; 1980-81-82-83, ch. 125, art. 19.

Voies de fait

266. Quiconque commet des voies de fait est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 245; 1972, ch. 13, art. 21; 1974-75-76, ch. 93, art. 22; 1980-81-82-83, ch. 125, art. 19.

Agression armée ou infliction de lésions corporelles

267. Est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois quiconque, en se livrant à des voies de fait, selon le cas :

a) porte, utilise ou menace d’utiliser une arme ou une imitation d’arme;

b) inflige des lésions corporelles au plaignant.

L.R. (1985), ch. C-46, art. 267; 1994, ch. 44, art. 17.

Voies de fait graves

268. (1) Commet des voies de fait graves quiconque blesse, mutile ou défigure le plaignant ou met sa vie en danger.

Peine

(2) Quiconque commet des voies de fait graves est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

Excision

(3) Il demeure entendu que l’excision, l’infibulation ou la mutilation totale ou partielle des grandes lèvres, des petites lèvres ou du clitoris d’une personne constituent une blessure ou une mutilation au sens du présent article, sauf dans les cas suivants :

a) une opération chirurgicale qui est pratiquée, par une personne qui a le droit d’exercer la médecine en vertu des lois de la province, pour la santé physique de la personne ou pour lui permettre d’avoir des fonctions reproductives normales, ou une apparence sexuelle ou des fonctions sexuelles normales;

b) un acte qui, dans le cas d’une personne âgée d’au moins dix-huit ans, ne comporte pas de lésions corporelles.

Consentement

(4) Pour l’application du présent article et de l’article 265, ne constitue pas un consentement valable le consentement à l’excision, à l’infibulation ou à la mutilation totale ou partielle des grandes lèvres, des petites lèvres ou du clitoris, sauf dans les cas prévus aux alinéas (3)a) et b).

L.R. (1985), ch. C-46, art. 268; 1997, ch. 16, art. 5.

Lésions corporelles

269. Quiconque cause illégalement des lésions corporelles à une personne est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

L.R. (1985), ch. C-46, art. 269; 1994, ch. 44, art. 18.

Torture

269.1 (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans le fonctionnaire qui — ou la personne qui, avec le consentement exprès ou tacite d’un fonctionnaire ou à sa demande — torture une autre personne.

Définitions

(2) Les définitions qui suivent s’appliquent au présent article.

« fonctionnaire »

“official”

« fonctionnaire » L’une des personnes suivantes, qu’elle exerce ses pouvoirs au Canada ou à l’étranger :

a) un agent de la paix;

b) un fonctionnaire public;

c) un membre des forces canadiennes;

d) une personne que la loi d’un État étranger investit de pouvoirs qui, au Canada, seraient ceux d’une personne mentionnée à l’un des alinéas a), b) ou c).

« torture »

“torture”

« torture » Acte, commis par action ou omission, par lequel une douleur ou des souffrances aiguës, physiques ou mentales, sont intentionnellement infligées à une personne :

a) soit afin notamment :

(i) d’obtenir d’elle ou d’une tierce personne des renseignements ou une déclaration,

(ii) de la punir d’un acte qu’elle ou une tierce personne a commis ou est soupçonnée d’avoir commis,

(iii) de l’intimider ou de faire pression sur elle ou d’intimider une tierce personne ou de faire pression sur celle-ci;

b) soit pour tout autre motif fondé sur quelque forme de discrimination que ce soit.

La torture ne s’entend toutefois pas d’actes qui résultent uniquement de sanctions légitimes, qui sont inhérents à celles-ci ou occasionnés par elles.

Inadmissibilité de certains moyens de défense

(3) Ne constituent pas un moyen de défense contre une accusation fondée sur le présent article ni le fait que l’accusé a obéi aux ordres d’un supérieur ou d’une autorité publique en commettant les actes qui lui sont reprochés ni le fait que ces actes auraient été justifiés par des circonstances exceptionnelles, notamment un état de guerre, une menace de guerre, l’instabilité politique intérieure ou toute autre situation d’urgence.

Admissibilité en preuve

(4) Dans toute procédure qui relève de la compétence du Parlement, une déclaration obtenue par la perpétration d’une infraction au présent article est inadmissible en preuve, sauf à titre de preuve de cette infraction.

L.R. (1985), ch. 10 (3e suppl.), art. 2.

Voies de fait contre un agent de la paix

270. (1) Commet une infraction quiconque exerce des voies de fait :

a) soit contre un fonctionnaire public ou un agent de la paix agissant dans l’exercice de leurs fonctions, ou une personne qui leur prête main-forte;

b) soit contre une personne dans l’intention de résister à une arrestation ou détention légale, la sienne ou celle d’un autre, ou de les empêcher;

c) soit contre une personne, selon le cas :

(i) agissant dans l’exécution légale d’un acte judiciaire contre des terres ou des effets, ou d’une saisie,

(ii) avec l’intention de reprendre une chose saisie ou prise en vertu d’un acte judiciaire.

Peine

(2) Quiconque commet une infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 246; 1972, ch. 13, art. 22; 1980-81-82-83, ch. 125, art. 19.

Agression armée ou infliction de lésions corporelles — agent de la paix

270.01 (1) Commet une infraction quiconque, en commettant des voies de fait visées à l’article 270, selon le cas :

a) porte, utilise ou menace d’utiliser une arme ou une imitation d’arme;

b) inflige des lésions corporelles au plaignant.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, et passible d’un emprisonnement maximal de dix-huit mois.

2009, ch. 22, art. 9.

Voies de fait graves — agent de la paix

270.02 Quiconque, en commettant des voies de fait visées à l’article 270, blesse, mutile ou défigure le plaignant ou met la vie de ce dernier en danger est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans.

2009, ch. 22, art. 9.

Désarmer un agent de la paix

270.1 (1) Commet une infraction quiconque prend ou tente de prendre une arme en la possession d’un agent de la paix agissant dans l’exercice de ses fonctions, sans le consentement de celui-ci.

Définition de « arme »

(2) Pour l’application du paragraphe (1), « arme » s’entend de toute chose conçue pour blesser ou tuer quelqu’un ou pour le rendre temporairement incapable d’agir.

Peine

(3) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable, sur déclaration de culpabilité par procédure sommaire, d’un emprisonnement maximal de dix-huit mois.

2002, ch. 13, art. 11.

Agression sexuelle

271. (1) Quiconque commet une agression sexuelle est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

(2) [Abrogé, L.R. (1985), ch. 19 (3e suppl.), art. 10]

L.R. (1985), ch. C-46, art. 271; L.R. (1985), ch. 19 (3e suppl.), art. 10; 1994, ch. 44, art. 19.

Agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles

272. (1) Commet une infraction quiconque, en commettant une agression sexuelle, selon le cas :

a) porte, utilise ou menace d’utiliser une arme ou une imitation d’arme;

b) menace d’infliger des lésions corporelles à une autre personne que le plaignant;

c) inflige des lésions corporelles au plaignant;

d) participe à l’infraction avec une autre personne.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, d’un emprisonnement maximal de quatorze ans, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, d’un emprisonnement maximal de quatorze ans, la peine minimale étant de quatre ans;

b) dans les autres cas, d’un emprisonnement maximal de quatorze ans.

Récidive

(3) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (2)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239 ou 273, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(4) Pour l’application du paragraphe (3), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

L.R. (1985), ch. C-46, art. 272; 1995, ch. 39, art. 145; 2008, ch. 6, art. 28; 2009, ch. 22, art. 10.

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Agression sexuelle grave

273. (1) Commet une agression sexuelle grave quiconque, en commettant une agression sexuelle, blesse, mutile ou défigure le plaignant ou met sa vie en danger.

Peine

(2) Quiconque commet une agression sexuelle grave est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, de l’emprisonnement à perpétuité, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

Récidive

(3) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (2)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239 ou 272, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(4) Pour l’application du paragraphe (3), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

L.R. (1985), ch. C-46, art. 273; 1995, ch. 39, art. 146; 2008, ch. 6, art. 29; 2009, ch. 22, art. 11.

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Définition de « consentement »

273.1 (1) Sous réserve du paragraphe (2) et du paragraphe 265(3), le consentement consiste, pour l’application des articles 271, 272 et 273, en l’accord volontaire du plaignant à l’activité sexuelle.

Restriction de la notion de consentement

(2) Le consentement du plaignant ne se déduit pas, pour l’application des articles 271, 272 et 273, des cas où :

a) l’accord est manifesté par des paroles ou par le comportement d’un tiers;

b) il est incapable de le former;

c) l’accusé l’incite à l’activité par abus de confiance ou de pouvoir;

d) il manifeste, par ses paroles ou son comportement, l’absence d’accord à l’activité;

e) après avoir consenti à l’activité, il manifeste, par ses paroles ou son comportement, l’absence d’accord à la poursuite de celle-ci.

Précision

(3) Le paragraphe (2) n’a pas pour effet de limiter les circonstances dans lesquelles le consentement ne peut se déduire.

1992, ch. 38, art. 1.

Exclusion du moyen de défense fondé sur la croyance au consentement

273.2 Ne constitue pas un moyen de défense contre une accusation fondée sur les articles 271, 272 ou 273 le fait que l’accusé croyait que le plaignant avait consenti à l’activité à l’origine de l’accusation lorsque, selon le cas :

a) cette croyance provient :

(i) soit de l’affaiblissement volontaire de ses facultés,

(ii) soit de son insouciance ou d’un aveuglement volontaire;

b) il n’a pas pris les mesures raisonnables, dans les circonstances dont il avait alors connaissance, pour s’assurer du consentement.

1992, ch. 38, art. 1.

Passage d’enfants à l’étranger

273.3 (1) Commet une infraction quiconque agit dans le but de faire passer à l’étranger une personne résidant habituellement au Canada et qui :

a) est âgée de moins de seize ans, en vue de permettre la commission d’un acte qui, s’il était commis au Canada, constituerait une infraction visée aux articles 151 ou 152 ou aux paragraphes 160(3) ou 173(2);

b) est âgée de seize ans ou plus mais de moins de dix-huit ans, en vue de permettre la commission d’un acte qui, s’il était commis au Canada, constituerait une infraction visée à l’article 153;

c) est âgée de moins de dix-huit ans, en vue de permettre la commission d’un acte qui, s’il était commis au Canada, constituerait une infraction visée aux articles 155 ou 159, au paragraphe 160(2) ou aux articles 170, 171, 267, 268, 269, 271, 272 ou 273.

Peine

(2) Quiconque commet l’infraction visée au présent article est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

1993, ch. 45, art. 3; 1997, ch. 18, art. 13; 2008, ch. 6, art. 54.

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Non-exigibilité de la corroboration

274. La corroboration n’est pas nécessaire pour déclarer coupable une personne accusée d’une infraction prévue aux articles 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 ou 273. Le juge ne peut dès lors informer le jury qu’il n’est pas prudent de déclarer l’accusé coupable en l’absence de corroboration.

L.R. (1985), ch. C-46, art. 274; L.R. (1985), ch. 19 (3e suppl.), art. 11; 2002, ch. 13, art. 12.

Abolition des règles relatives à la plainte spontanée

275. Les règles de preuve qui concernent la plainte spontanée sont abolies à l’égard des infractions prévues aux articles 151, 152, 153, 153.1, 155 et 159, aux paragraphes 160(2) et (3) et aux articles 170, 171, 172, 173, 271, 272 et 273.

L.R. (1985), ch. C-46, art. 275; L.R. (1985), ch. 19 (3e suppl.), art. 11; 2002, ch. 13, art. 12.

Preuve concernant le comportement sexuel du plaignant

276. (1) Dans les poursuites pour une infraction prévue aux articles 151, 152, 153, 153.1, 155 ou 159, aux paragraphes 160(2) ou (3) ou aux articles 170, 171, 172, 173, 271, 272 ou 273, la preuve de ce que le plaignant a eu une activité sexuelle avec l’accusé ou un tiers est inadmissible pour permettre de déduire du caractère sexuel de cette activité qu’il est :

a) soit plus susceptible d’avoir consenti à l’activité à l’origine de l’accusation;

b) soit moins digne de foi.

Conditions de l’admissibilité

(2) Dans les poursuites visées au paragraphe (1), l’accusé ou son représentant ne peut présenter de preuve de ce que le plaignant a eu une activité sexuelle autre que celle à l’origine de l’accusation sauf si le juge, le juge de la cour provinciale ou le juge de paix décide, conformément aux articles 276.1 et 276.2, à la fois :

a) que cette preuve porte sur des cas particuliers d’activité sexuelle;

b) que cette preuve est en rapport avec un élément de la cause;

c) que le risque d’effet préjudiciable à la bonne administration de la justice de cette preuve ne l’emporte pas sensiblement sur sa valeur probante.

Facteurs à considérer

(3) Pour décider si la preuve est admissible au titre du paragraphe (2), le juge, le juge de la cour provinciale ou le juge de paix prend en considération :

a) l’intérêt de la justice, y compris le droit de l’accusé à une défense pleine et entière;

b) l’intérêt de la société à encourager la dénonciation des agressions sexuelles;

c) la possibilité, dans de bonnes conditions, de parvenir, grâce à elle, à une décision juste;

d) le besoin d’écarter de la procédure de recherche des faits toute opinion ou préjugé discriminatoire;

e) le risque de susciter abusivement, chez le jury, des préjugés, de la sympathie ou de l’hostilité;

f) le risque d’atteinte à la dignité du plaignant et à son droit à la vie privée;

g) le droit du plaignant et de chacun à la sécurité de leur personne, ainsi qu’à la plénitude de la protection et du bénéfice de la loi;

h) tout autre facteur qu’il estime applicable en l’espèce.

L.R. (1985), ch. C-46, art. 276; L.R. (1985), ch. 19 (3e suppl.), art. 12; 1992, ch. 38, art. 2; 2002, ch. 13, art. 13.

Demande d’audition

276.1 (1) L’accusé ou son représentant peut demander au juge, au juge de la cour provinciale ou au juge de paix de tenir une audition en application de l’article 276.2 en vue de décider si la preuve est admissible au titre du paragraphe 276(2).

Forme et contenu

(2) La demande d’audition est formulée par écrit et énonce toutes précisions au sujet de la preuve en cause et le rapport de celle-ci avec un élément de la cause; une copie en est expédiée au poursuivant et au greffier du tribunal.

Exclusion du jury et du public

(3) Le jury et le public sont exclus de l’audition de la demande.

Audition

(4) Une fois convaincu que la demande a été établie conformément au paragraphe (2), qu’une copie en a été expédiée au poursuivant et au greffier du tribunal au moins sept jours auparavant ou dans le délai inférieur autorisé par lui dans l’intérêt de la justice et qu’il y a des possibilités que la preuve en cause soit admissible, le juge, le juge de la cour provinciale ou le juge de paix accorde la demande et tient une audition pour décider effectivement de l’admissibilité de la preuve au titre du paragraphe 276(2).

1992, ch. 38, art. 2.

Exclusion du jury et du public

276.2 (1) Le jury et le public sont exclus de l’audition tenue pour décider de l’admissibilité de la preuve au titre du paragraphe 276(2).

Incontraignabilité

(2) Le plaignant n’est pas un témoin contraignable à l’audition.

Motifs

(3) Le juge, le juge de la cour provinciale ou le juge de paix est tenu de motiver la décision qu’il rend à la suite de l’audition sur l’admissibilité de tout ou partie de la preuve au titre du paragraphe 276(2), en précisant les points suivants :

a) les éléments de la preuve retenus;

b) ceux des facteurs mentionnés au paragraphe 276(3) ayant fondé sa décision;

c) la façon dont tout ou partie de la preuve à admettre est en rapport avec un élément de la cause.

Forme

(4) Les motifs de la décision sont à porter dans le procès-verbal des débats ou, à défaut, donnés par écrit.

1992, ch. 38, art. 2.

Publication interdite

276.3 (1) Il est interdit de publier ou de diffuser de quelque façon que ce soit le contenu de la demande présentée en application de l’article 276.1 et tout ce qui a été dit ou déposé à l’occasion de cette demande ou aux auditions mentionnées à l’article 276.2. L’interdiction vise aussi, d’une part, la décision rendue sur la demande d’audition au titre du paragraphe 276.1(4) et, d’autre part, la décision et les motifs mentionnés à l’article 276.2, sauf, dans ce dernier cas, si la preuve est déclarée admissible ou, dans les deux cas, si le juge ou le juge de paix rend une ordonnance autorisant la publication ou la diffusion après avoir pris en considération le droit du plaignant à la vie privée et l’intérêt de la justice.

Infraction

(2) Quiconque contrevient au paragraphe (1) commet une infraction punissable sur déclaration de culpabilité par procédure sommaire.

1992, ch. 38, art. 2; 2005, ch. 32, art. 13.

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Instructions données par le juge au jury : utilisation de la preuve

276.4 Au procès, le juge doit donner des instructions au jury quant à l’utilisation que celui-ci peut faire ou non de la preuve admise en application de l’article 276.2.

1992, ch. 38, art. 2.

Appel

276.5 Pour l’application des articles 675 et 676, la décision rendue en application de l’article 276.2 est réputée constituer une question de droit.

1992, ch. 38, art. 2.

Preuve de réputation

277. Dans des procédures à l’égard d’une infraction prévue aux articles 151, 152, 153, 153.1, 155 ou 159, aux paragraphes 160(2) ou (3) ou aux articles 170, 171, 172, 173, 271, 272 ou 273, une preuve de réputation sexuelle visant à attaquer ou à défendre la crédibilité du plaignant est inadmissible.

L.R. (1985), ch. C-46, art. 277; L.R. (1985), ch. 19 (3e suppl.), art. 13; 2002, ch. 13, art. 14.

Inculpation du conjoint

278. Un conjoint peut être inculpé en vertu des articles 271, 272 ou 273 pour une infraction contre l’autre conjoint, peu importe s’ils cohabitaient ou non au moment où a eu lieu l’activité qui est à l’origine de l’inculpation.

1980-81-82-83, ch. 125, art. 19.

Définition de « dossier »

278.1 Pour l’application des articles 278.2 à 278.9, « dossier » s’entend de toute forme de document contenant des renseignements personnels pour lesquels il existe une attente raisonnable en matière de protection de la vie privée, notamment : le dossier médical, psychiatrique ou thérapeutique, le dossier tenu par les services d’aide à l’enfance, les services sociaux ou les services de consultation, le dossier relatif aux antécédents professionnels et à l’adoption, le journal intime et le document contenant des renseignements personnels et protégé par une autre loi fédérale ou une loi provinciale. N’est pas visé par la présente définition le dossier qui est produit par un responsable de l’enquête ou de la poursuite relativement à l’infraction qui fait l’objet de la procédure.

1997, ch. 30, art. 1.

Communication d’un dossier à l’accusé

278.2 (1) Dans les poursuites pour une infraction mentionnée ci-après, ou pour plusieurs infractions dont l’une est une infraction mentionnée ci-après, un dossier se rapportant à un plaignant ou à un témoin ne peut être communiqué à l’accusé que conformément aux articles 278.3 à 278.91 :

a) une infraction prévue aux articles 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272 ou 273;

b) une infraction prévue aux articles 144, 145, 149, 156, 245 ou 246 du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans sa version antérieure au 4 janvier 1983;

c) une infraction prévue aux articles 146, 151, 153, 155, 157, 166 ou 167 du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans sa version antérieure au 1er janvier 1988.

Application

(2) L’article 278.1, le présent article et les articles 278.3 à 278.91 s’appliquent même si le dossier est en la possession ou sous le contrôle du poursuivant, sauf si le plaignant ou le témoin auquel il se rapporte a expressément renoncé à l’application de ces articles.

Obligation d’informer

(3) Le poursuivant qui a en sa possession ou sous son contrôle un dossier auquel s’applique le présent article doit en informer l’accusé mais il ne peut, ce faisant, communiquer le contenu du dossier.

1997, ch. 30, art. 1; 1998, ch. 9, art. 3.

Demande de communication de dossiers

278.3 (1) L’accusé qui veut obtenir la communication d’un dossier doit en faire la demande au juge qui préside ou présidera son procès.

Précision

(2) Il demeure entendu que la demande visée au paragraphe (1) ne peut être faite au juge ou juge de paix qui préside une autre procédure, y compris une enquête préliminaire.

Forme et contenu

(3) La demande de communication est formulée par écrit et donne :

a) les précisions utiles pour reconnaître le dossier en cause et le nom de la personne qui l’a en sa possession ou sous son contrôle;

b) les motifs qu’invoque l’accusé pour démontrer que le dossier est vraisemblablement pertinent quant à un point en litige ou à l’habileté d’un témoin à témoigner.

Insuffisance des motifs

(4) Les affirmations ci-après, individuellement ou collectivement, ne suffisent pas en soi à démontrer que le dossier est vraisemblablement pertinent quant à un point en litige ou à l’habileté d’un témoin à témoigner :

a) le dossier existe;

b) le dossier se rapporte à un traitement médical ou psychiatrique ou une thérapie suivis par le plaignant ou le témoin ou à des services de consultation auxquels il a recours ou a eu recours;

c) le dossier porte sur l’événement qui fait l’objet du litige;

d) le dossier est susceptible de contenir une déclaration antérieure incompatible faite par le plaignant ou le témoin;

e) le dossier pourrait se rapporter à la crédibilité du plaignant ou du témoin;

f) le dossier pourrait se rapporter à la véracité du témoignage du plaignant ou du témoin étant donné que celui-ci suit ou a suivi un traitement psychiatrique ou une thérapie, ou a recours ou a eu recours à des services de consultation;

g) le dossier est susceptible de contenir des allégations quant à des abus sexuels commis contre le plaignant par d’autres personnes que l’accusé;

h) le dossier se rapporte à l’activité sexuelle du plaignant avec l’accusé ou un tiers;

i) le dossier se rapporte à l’existence ou à l’absence d’une plainte spontanée;

j) le dossier se rapporte à la réputation sexuelle du plaignant;

k) le dossier a été produit peu après la plainte ou l’événement qui fait l’objet du litige.

Signification de la demande

(5) L’accusé signifie la demande au poursuivant, à la personne qui a le dossier en sa possession ou sous son contrôle, au plaignant ou au témoin, selon le cas, et à toute autre

personne à laquelle, à sa connaissance, le dossier se rapporte, au moins sept jours avant l’audience prévue au paragraphe 278.4(1) ou dans le délai inférieur autorisé par le juge dans l’intérêt de la justice. Dans le cas de la personne qui a le dossier en sa possession ou sous son contrôle, une assignation à comparaître, rédigée selon la formule 16.1, doit lui être signifiée, conformément à la partie XXII, en même temps que la demande.

Signification à d’autres personnes

(6) Le juge peut ordonner à tout moment que la demande soit signifiée à toute personne à laquelle, à son avis, le dossier se rapporte.

1997, ch. 30, art. 1.

Audience à huis clos

278.4 (1) Le juge tient une audience à huis clos pour décider si le dossier devrait être communiqué au tribunal pour que lui-même puisse l’examiner.

Droit de présenter des observations et incontraignabilité

(2) La personne qui a le dossier en sa possession ou sous son contrôle, le plaignant ou le témoin, selon le cas, et toute autre personne à laquelle le dossier se rapporte peuvent comparaître et présenter leurs arguments à l’audience mais ne peuvent être contraints à témoigner.

Dépens

(3) Aucune ordonnance de dépens ne peut être rendue contre une personne visée au paragraphe (2) en raison de sa participation à l’audience.

1997, ch. 30, art. 1.

Ordonnance

278.5 (1) Le juge peut ordonner à la personne qui a le dossier en sa possession ou sous son contrôle de le communiquer, en tout ou en partie, au tribunal pour examen par lui­ même si, après l’audience, il est convaincu de ce qui suit :

a) la demande répond aux exigences formulées aux paragraphes 278.3(2) à (6);

b) l’accusé a démontré que le dossier est vraisemblablement pertinent quant à un point en litige ou à l’habileté d’un témoin à témoigner;

c) la communication du dossier sert les intérêts de la justice.

Facteurs à considérer

(2) Pour décider s’il doit rendre l’ordonnance prévue au paragraphe (1), le juge prend en considération les effets bénéfiques et préjudiciables qu’entraînera sa décision, d’une part, sur le droit de l’accusé à une défense pleine et entière et, d’autre part, sur le droit à la vie privée et à l’égalité du plaignant ou du témoin, selon le cas, et de toute autre personne à laquelle le dossier se rapporte et, en particulier, tient compte des facteurs suivants :

a) la mesure dans laquelle le dossier est nécessaire pour permettre à l’accusé de présenter une défense pleine et entière;

b) sa valeur probante;

c) la nature et la portée de l’attente raisonnable au respect de son caractère privé;

d) la question de savoir si sa communication reposerait sur une croyance ou un préjugé discriminatoire;

e) le préjudice possible à la dignité ou à la vie privée de toute personne à laquelle il se rapporte;

f) l’intérêt qu’a la société à ce que les infractions d’ordre sexuel soient signalées;

g) l’intérêt qu’a la société à ce que les plaignants, dans les cas d’infraction d’ordre sexuel, suivent des traitements;

h) l’effet de la décision sur l’intégrité du processus judiciaire.

1997, ch. 30, art. 1.

Examen du dossier par le juge

278.6 (1) Dans les cas où il a rendu l’ordonnance visée au paragraphe 278.5(1), le juge examine le dossier ou la partie en cause en l’absence des parties pour décider si le dossier devrait, en tout ou en partie, être communiqué à l’accusé.

Possibilité d’une audience

(2) Le juge peut tenir une audience à huis clos s’il l’estime utile pour en arriver à la décision visée au paragraphe (1).

Application de certaines dispositions

(3) Les paragraphes 278.4(2) et (3) s’appliquent à toute audience tenue en vertu du paragraphe (2).

1997, ch. 30, art. 1.

Communication du dossier

278.7 (1) S’il est convaincu que le dossier est en tout ou en partie vraisemblablement pertinent quant à un point en litige ou à l’habileté d’un témoin à témoigner et que sa communication sert les intérêts de la justice, le juge peut ordonner que le dossier — ou la partie de celui-ci qui est vraisemblablement pertinente — soit, aux conditions qu’il fixe éventuellement en vertu du paragraphe (3), communiqué à l’accusé.

Facteurs à considérer

(2) Pour décider s’il doit rendre l’ordonnance prévue au paragraphe (1), le juge prend en considération les effets bénéfiques et préjudiciables qu’entraînera sa décision, d’une part, sur le droit de l’accusé à une défense pleine et entière et, d’autre part, sur le droit à la vie privée et à l’égalité du plaignant ou du témoin, selon le cas, et de toute autre personne à laquelle le dossier se rapporte et, en particulier, tient compte des facteurs mentionnés aux alinéas 278.5(2)a) à h).

Conditions

(3) Le juge peut assortir l’ordonnance de communication des conditions qu’il estime indiquées pour protéger l’intérêt de la justice et, dans la mesure du possible, les intérêts en matière de droit à la vie privée et d’égalité du plaignant ou du témoin, selon le cas, et de toute personne à laquelle le dossier se rapporte, notamment :

a) établissement, selon ses instructions, d’une version révisée du dossier;

b) communication d’une copie, plutôt que de l’original, du dossier;

c) interdiction pour l’accusé et son avocat de divulguer le contenu du dossier à quiconque, sauf autorisation du tribunal;

d) interdiction d’examiner le contenu du dossier en dehors du greffe du tribunal;

e) interdiction de la production d’une copie du dossier ou restriction quant au nombre de copies qui peuvent en être faites;

f) suppression de renseignements sur toute personne dont le nom figure dans le dossier, tels l’adresse, le numéro de téléphone et le lieu de travail.

Copie au poursuivant

(4) Dans les cas où il ordonne la communication d’un dossier en tout ou en partie à l’accusé, le juge ordonne qu’une copie du dossier ou de la partie soit donnée au poursuivant, sauf s’il estime que cette mesure serait contraire aux intérêts de la justice.

Restriction quant à l’usage des dossiers

(5) Les dossiers — ou parties de dossier — communiqués à l’accusé dans le cadre du paragraphe (1) ne peuvent être utilisés dans une autre procédure.

Garde des dossiers non communiqués à l’accusé

(6) Sauf ordre contraire d’un tribunal, tout dossier — ou toute partie d’un dossier — dont le juge refuse la communication à l’accusé est scellé et reste en la possession du tribunal jusqu’à l’épuisement des voies de recours dans la procédure contre l’accusé; une fois les voies de recours épuisées, le dossier — ou la partie — est remis à la personne qui a droit à la possession légitime de celui-ci.

1997, ch. 30, art. 1.

Motifs

278.8 (1) Le juge est tenu de motiver sa décision de rendre ou refuser de rendre l’ordonnance prévue aux paragraphes 278.5(1) ou 278.7(1).

Forme

(2) Les motifs de la décision sont à porter dans le procès-verbal des débats ou, à défaut, à donner par écrit.

1997, ch. 30, art. 1.

Publication interdite

278.9 (1) Il est interdit de publier ou de diffuser de quelque façon que ce soit :

a) le contenu de la demande présentée en application de l’article 278.3;

b) tout ce qui a été dit ou présenté en preuve à l’occasion de toute audience tenue en vertu du paragraphe 278.4(1) ou 278.6(2);

c) la décision rendue sur la demande dans le cadre des paragraphes 278.5(1) ou 278.7(1) et les motifs mentionnés à l’article 278.8, sauf si le juge rend une ordonnance autorisant la publication ou diffusion après avoir pris en considération l’intérêt de la justice et le droit à la vie privée de la personne à laquelle le dossier se rapporte.

Infraction

(2) Quiconque contrevient au paragraphe (1) commet une infraction punissable sur déclaration de culpabilité par procédure sommaire.

1997, ch. 30, art. 1; 2005, ch. 32, art. 14.

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Appel

278.91 Pour l’application des articles 675 et 676, la décision rendue en application des paragraphes 278.5(1) ou 278.7(1) est réputée constituer une question de droit.

1997, ch. 30, art. 1.

Enlèvement, traite des personnes, prise d’otage et rapt Enlèvement

279. (1) Commet une infraction quiconque enlève une personne dans l’intention :

a) soit de la faire séquestrer ou emprisonner contre son gré;

b) soit de la faire illégalement envoyer ou transporter à l’étranger, contre son gré;

c) soit de la détenir en vue de rançon ou de service, contre son gré.

Peine

(1.1) Quiconque commet l’infraction prévue au paragraphe (1) est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, de l’emprisonnement à perpétuité, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

Récidive

(1.2) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (1.1)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au paragraphe (1);

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239, 272, 273, 279.1, 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(1.3) Pour l’application du paragraphe (1.2), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

Séquestration

(2) Quiconque, sans autorisation légitime, séquestre, emprisonne ou saisit de force une autre personne est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

Non-résistance

(3) Dans les poursuites engagées en vertu du présent article, le fait que la personne à l’égard de laquelle il est allégué que l’infraction a été commise n’a pas offert de résistance, ne constitue une défense que si le prévenu prouve que l’absence de résistance n’a pas été causée par des menaces, la contrainte, la violence ou une manifestation de force.

L.R. (1985), ch. C-46, art. 279; L.R. (1985), ch. 27 (1er suppl.), art. 39; 1995, ch. 39, art. 147; 1997, ch. 18, art. 14; 2008, ch. 6, art. 30; 2009, ch. 22, art. 12.

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Traite des personnes

279.01 (1) Quiconque recrute, transporte, transfère, reçoit, détient, cache ou héberge une personne, ou exerce un contrôle, une direction ou une influence sur les mouvements d’une personne, en vue de l’exploiter ou de faciliter son exploitation commet une infraction passible, sur déclaration de culpabilité par voie de mise en accusation :

a) d’un emprisonnement à perpétuité, s’il enlève la personne, se livre à des voies de fait graves ou une agression sexuelle grave sur elle ou cause sa mort lors de la perpétration de l’infraction;

b) d’un emprisonnement maximal de quatorze ans, dans les autres cas.

Consentement

(2) Ne constitue pas un consentement valable le consentement aux actes à l’origine de l’accusation.

2005, ch. 43, art. 3.

Traite de personnes âgées de moins de dix-huit ans

279.011 (1) Quiconque recrute, transporte, transfère, reçoit, détient, cache ou héberge une personne âgée de moins de dix-huit ans, ou exerce un contrôle, une direction ou une influence sur les mouvements d’une telle personne, en vue de l’exploiter ou de faciliter son exploitation commet une infraction passible, sur déclaration de culpabilité par voie de mise en accusation :

a) d’un emprisonnement à perpétuité, la peine minimale étant de six ans, s’il enlève la personne, se livre à des voies de fait graves ou une agression sexuelle grave sur elle ou cause sa mort lors de la perpétration de l’infraction;

b) dans les autres cas, d’un emprisonnement maximal de quatorze ans, la peine minimale étant de cinq ans.

Consentement

(2) Ne constitue pas un consentement valable le consentement aux actes à l’origine de l’accusation.

2010, ch. 3, art. 2.

Avantage matériel

279.02 Quiconque bénéficie d’un avantage matériel, notamment pécuniaire, qu’il sait provenir de la perpétration de l’infraction visée aux paragraphes 279.01(1) ou 279.011(1) commet une infraction passible, sur déclaration de culpabilité par voie de mise en accusation, d’un emprisonnement maximal de dix ans.

2005, ch. 43, art. 3; 2010, ch. 3, art. 3.

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Rétention ou destruction de documents

279.03 Quiconque, en vue de faciliter ou de perpétrer l’infraction visée aux paragraphes 279.01(1) ou 279.011(1), cache, enlève, retient ou détruit tout document de voyage d’une personne ou tout document pouvant établir ou censé établir l’identité ou le statut d’immigrant d’une personne, qu’il soit authentique ou non, canadien ou étranger, commet une infraction passible, sur déclaration de culpabilité par voie de mise en accusation, d’un emprisonnement maximal de cinq ans.

2005, ch. 43, art. 3; 2010, ch. 3, art. 3.

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Exploitation

279.04 Pour l’application des articles 279.01 à 279.03, une personne en exploite une autre si :

a) elle l’amène à fournir ou offrir de fournir son travail ou ses services, par des agissements dont il est raisonnable de s’attendre, compte tenu du contexte, à ce qu’ils lui fassent croire qu’un refus de sa part mettrait en danger sa sécurité ou celle d’une personne qu’elle connaît;

b) elle l’amène, par la tromperie ou la menace ou l’usage de la force ou de toute autre forme de contrainte, à se faire prélever un organe ou des tissus.

2005, ch. 43, art. 3.

Prise d’otage

279.1 (1) Commet une prise d’otage quiconque, dans l’intention d’amener une personne, ou un groupe de personnes, un État ou une organisation internationale ou intergouvernementale à faire ou à omettre de faire quelque chose comme condition, expresse ou implicite, de la libération de l’otage :

a) d’une part, séquestre, emprisonne, saisit ou détient de force une autre personne;

b) d’autre part, de quelque façon, menace de causer la mort de cette autre personne ou de la blesser, ou de continuer à la séquestrer, l’emprisonner ou la détenir.

Peine

(2) Quiconque commet une prise d’otage est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, de l’emprisonnement à perpétuité, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

Récidive

(2.1) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (2)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239, 272 ou 273, au paragraphe 279(1) ou aux articles 344 ou 346, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(2.2) Pour l’application du paragraphe (2.1), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

Non-résistance

(3) Le paragraphe 279(3) s’applique aux poursuites engagées en vertu du présent article comme si l’infraction que ce dernier prévoit était celle que prévoit l’article 279.

L.R. (1985), ch. 27 (1er suppl.), art. 40; 1995, ch. 39, art. 148; 2008, ch. 6, art. 31; 2009, ch. 22, art. 13.

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Enlèvement d’une personne âgée de moins de 16 ans

280. (1) Quiconque, sans autorisation légitime, enlève ou fait enlever une personne non mariée, âgée de moins de seize ans, de la possession et contre la volonté de son père ou de sa mère, d’un tuteur ou de toute autre personne qui en a la garde ou la charge légale est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

Définition de « tuteur »

(2) Au présent article et aux articles 281 à 283, « tuteur » s’entend notamment de toute personne qui en droit ou de fait a la garde ou la surveillance d’une autre personne.

S.R., ch. C-34, art. 249; 1980-81-82-83, ch. 125, art. 20.

Enlèvement d’une personne âgée de moins de 14 ans

281. Quiconque, n’étant pas le père, la mère, le tuteur ou une personne ayant la garde ou la charge légale d’une personne âgée de moins de quatorze ans, enlève, entraîne, retient, reçoit, cache ou héberge cette personne avec l’intention de priver de la possession de celle-ci le père, la mère, le tuteur ou une autre personne ayant la garde ou la charge légale de cette personne est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans.

S.R., ch. C-34, art. 250; 1980-81-82-83, ch. 125, art. 20.

Enlèvement en contravention avec une ordonnance de garde

282. (1) Quiconque, étant le père, la mère, le tuteur ou une personne ayant la garde ou la charge légale d’une personne âgée de moins de quatorze ans, enlève, entraîne, retient, reçoit, cache ou héberge cette personne contrairement aux dispositions d’une ordonnance rendue par un tribunal au Canada relativement à la garde de cette personne, avec l’intention de priver de la possession de celle-ci le père, la mère, le tuteur ou une autre personne ayant la garde ou la charge légale de cette personne, est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Croyance de l’accusé

(2) Lorsqu’un chef d’accusation vise l’infraction prévue au paragraphe (1) et que celle-ci n’est pas prouvée du seul fait que l’accusé ne croyait pas qu’il existait une ordonnance de garde valide, ce dernier peut cependant être reconnu coupable de l’infraction prévue à l’article 283 s’il y a preuve de cette dernière.

L.R. (1985), ch. C-46, art. 282; 1993, ch. 45, art. 4.

Enlèvement

283. (1) Quiconque, étant le père, la mère, le tuteur ou une personne ayant la garde ou la charge légale d’une personne âgée de moins de quatorze ans, enlève, entraîne, retient, reçoit, cache ou héberge cette personne, qu’il y ait ou non une ordonnance rendue par un tribunal au Canada relativement à la garde de cette personne, dans l’intention de priver de la possession de celle-ci le père, la mère, le tuteur ou une autre personne ayant la garde ou la charge légale de cette personne est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Consentement du procureur général

(2) Aucune poursuite ne peut être engagée en vertu du paragraphe (1) sans le consentement du procureur général ou d’un avocat qu’il mandate à cette fin.

L.R. (1985), ch. C-46, art. 283; 1993, ch. 45, art. 5.

Défense

284. Nul ne peut être déclaré coupable d’une infraction prévue aux articles 281 à 283 s’il démontre que le père, la mère, le tuteur ou l’autre personne qui avait la garde ou la charge légale de la personne âgée de moins de quatorze ans en question a consenti aux actes reprochés.

1980-81-82-83, ch. 125, art. 20.

Défense

285. Nul ne peut être déclaré coupable d’une infraction prévue aux articles 280 à 283 si le tribunal est convaincu que les actes reprochés étaient nécessaires pour protéger la jeune personne en question d’un danger imminent ou si l’accusé fuyait pour se protéger d’un tel danger.

L.R. (1985), ch. C-46, art. 285; 1993, ch. 45, art. 6.

Défense irrecevable

286. Dans les procédures portant sur une infraction visée aux articles 280 à 283, ne constitue pas une défense le fait que la jeune personne a consenti aux actes posés par l’accusé ou les a suggérés.

1980-81-82-83, ch. 125, art. 20.

Avortement Procurer un avortement

287. (1) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque, avec l’intention de procurer l’avortement d’une personne du sexe féminin, qu’elle soit enceinte ou non, emploie quelque moyen pour réaliser son intention.

Femme qui procure son propre avortement

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans toute personne du sexe féminin qui, étant enceinte, avec l’intention d’obtenir son propre avortement, emploie, ou permet que soit employé quelque moyen pour réaliser son intention.

Définition de « moyen »

(3) Au présent article, « moyen » s’entend notamment de :

a) l’administration d’une drogue ou autre substance délétère;

b) l’emploi d’un instrument;

c) toute manipulation.

Exceptions

(4) Les paragraphes (1) et (2) ne s’appliquent pas aux personnes suivantes :

a) un médecin qualifié, autre qu’un membre d’un comité de l’avortement thérapeutique de quelque hôpital, qui emploie de bonne foi, dans un hôpital accrédité ou approuvé, tout moyen pour réaliser son intention de procurer l’avortement d’une personne du sexe féminin;

b) une personne du sexe féminin qui, étant enceinte, permet à un médecin qualifié d’employer, dans un hôpital accrédité ou approuvé, quelque moyen pour réaliser son intention d’obtenir son propre avortement,

si, avant que ces moyens ne soient employés, le comité de l’avortement thérapeutique de cet hôpital accrédité ou approuvé, par décision de la majorité des membres du comité et

lors d’une réunion du comité au cours de laquelle le cas de cette personne du sexe féminin a été examiné :

c) a déclaré par certificat qu’à son avis la continuation de la grossesse de cette personne du sexe féminin mettrait ou mettrait probablement en danger la vie ou la santé de cette dernière;

d) a fait remettre une copie de ce certificat au médecin qualifié.

Renseignements requis

(5) Le ministre de la Santé d’une province peut, par arrêté :

a) requérir un comité de l’avortement thérapeutique de quelque hôpital, dans cette province, ou un membre de ce comité, de lui fournir une copie de tout certificat mentionné à l’alinéa (4)c) émis par ce comité, ainsi que les autres renseignements qu’il peut exiger au sujet des circonstances entourant l’émission de ce certificat;

b) requérir un médecin qui, dans cette province, a procuré l’avortement d’une personne de sexe féminin nommée dans un certificat mentionné à l’alinéa (4)c), de lui fournir une copie de ce certificat, ainsi que les autres renseignements qu’il peut exiger au sujet de l’obtention de l’avortement.

Définitions

(6) Les définitions qui suivent s’appliquent au présent paragraphe et aux paragraphes (4) et (5).

« comité de l’avortement thérapeutique »

“therapeutic abortion committee”

« comité de l’avortement thérapeutique » Pour un hôpital, comité formé d’au moins trois membres qui sont tous des médecins qualifiés et nommé par le conseil de cet hôpital pour examiner et décider les questions relatives aux arrêts de grossesse dans cet hôpital.

« conseil »

“board”

« conseil » Le conseil des gouverneurs, le conseil de direction ou le conseil d’administration ou les fiduciaires, la commission ou une autre personne ou un autre groupe de personnes ayant le contrôle et la direction d’un hôpital accrédité ou approuvé.

« hôpital accrédité »

“accredited hospital”

« hôpital accrédité » Hôpital accrédité par le Conseil canadien d’accréditation des hôpitaux, où sont fournis des services de diagnostic et des traitements médicaux, chirurgicaux et obstétricaux.

« hôpital approuvé »

“approved hospital”

« hôpital approuvé » Hôpital approuvé pour l’application du présent article par le ministre de la Santé de la province où il se trouve.

« médecin qualifié »

“qualified medical practitioner”

« médecin qualifié » Personne qui a le droit d’exercer la médecine en vertu des lois de la province où est situé l’hôpital mentionné au paragraphe (4).

« ministre de la Santé »

“Minister of Health”

« ministre de la Santé »

a) Dans les provinces d’Ontario, de Québec, du Nouveau-Brunswick, de l’Île-du-Prince- Édouard, du Manitoba et de Terre-Neuve, le ministre de la Santé;

b) dans les provinces de la Nouvelle-Écosse et de la Saskatchewan, le ministre de la Santé publique;

c) dans la province de la Colombie-Britannique, le ministre des Services de santé et de l’assurance-hospitalisation;

d) dans la province d’Alberta, le ministre de la Santé (hôpitaux et assurance-maladie);

e) au Yukon, dans les Territoires du Nord-Ouest et au Nunavut, le ministre de la Santé.

La nécessité du consentement n’est pas affectée

(7) Le paragraphe (4) n’a pas pour effet de faire disparaître la nécessité d’obtenir une autorisation ou un consentement qui est ou peut être requis, autrement qu’en vertu de la présente loi, avant l’emploi de moyens destinés à réaliser une intention de procurer l’avortement d’une personne du sexe féminin.

L.R. (1985), ch. C-46, art. 287; 1993, ch. 28, art. 78; 1996, ch. 8, art. 32; 2002, ch. 7, art. 141.

Version précédente

Fournir des substances délétères

288. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque illégalement fournit ou procure une drogue ou autre substance délétère, ou un instrument ou une chose, sachant qu’ils sont destinés à être employés ou utilisés pour obtenir l’avortement d’une personne du sexe féminin, que celle-ci soit enceinte ou non.

S.R., ch. C-34, art. 252.

Maladies vénériennes 289. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 41]

Infractions aux droits conjugaux Bigamie

290. (1) Commet la bigamie quiconque, selon le cas :

a) au Canada :

(i) étant marié, passe par une formalité de mariage avec une autre personne,

(ii) sachant qu’une autre personne est mariée, passe par une formalité de mariage avec cette personne,

(iii) le même jour ou simultanément, passe par une formalité de mariage avec plus d’une personne;

b) étant un citoyen canadien résidant au Canada, quitte ce pays avec l’intention d’accomplir une chose mentionnée à l’un des sous-alinéas a)(i) à (iii) et, selon cette intention, accomplit à l’étranger une chose mentionnée à l’un de ces sous-alinéas dans des circonstances y désignées.

Défense

(2) Nulle personne ne commet la bigamie en passant par une formalité de mariage :

a) si elle croit de bonne foi, et pour des motifs raisonnables, que son conjoint est décédé;

b) si le conjoint de cette personne a été continûment absent pendant les sept années qui ont précédé le jour où elle passe par la formalité de mariage, à moins qu’elle n’ait su que son conjoint était vivant à un moment quelconque de ces sept années;

c) si cette personne a été par divorce libérée des liens du premier mariage;

d) si le mariage antérieur a été déclaré nul par un tribunal compétent.

L’inhabilité ne constitue pas un moyen de défense

(3) Lorsqu’il est allégué qu’une personne a commis la bigamie, le fait que les parties auraient, dans le cas de célibataires, été inhabiles à contracter mariage d’après la loi de l’endroit où l’infraction aurait été commise, ne constitue pas une défense.

Présomption de validité

(4) Pour l’application du présent article, chaque mariage ou formalité de mariage est censé valide à moins que le prévenu n’en démontre l’invalidité.

L’acte ou omission d’un accusé

(5) Aucun acte ou omission de la part d’un prévenu qui est inculpé de bigamie n’invalide un mariage ou une formalité de mariage autrement valide.

S.R., ch. C-34, art. 254.

Peine

291. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque commet la bigamie.

Certificat de mariage

(2) Pour l’application du présent article, un certificat de mariage émis sous l’autorité de la loi fait preuve du mariage ou de la formalité de mariage auquel il a trait, sans preuve de la signature ou de la qualité officielle de la personne qui semble l’avoir signé.

S.R., ch. C-34, art. 255.

Mariage feint

292. (1) Quiconque obtient ou sciemment aide à obtenir un mariage feint entre lui-même et une autre personne est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

Corroboration

(2) Nul ne peut être déclaré coupable d’une infraction visée au présent article sur la déposition d’un seul témoin, à moins que la déposition de ce témoin ne soit corroborée sous un rapport essentiel par une preuve qui implique le prévenu.

S.R., ch. C-34, art. 256; 1980-81-82-83, ch. 125, art. 21.

Polygamie

293. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) pratique ou contracte, ou d’une façon quelconque accepte ou convient de pratiquer ou de contracter :

(i) soit la polygamie sous une forme quelconque,

(ii) soit une sorte d’union conjugale avec plus d’une personne à la fois,

qu’elle soit ou non reconnue par la loi comme une formalité de mariage qui lie;

b) célèbre un rite, une cérémonie, un contrat ou un consentement tendant à sanctionner un lien mentionné aux sous-alinéas a)(i) ou (ii), ou y aide ou participe.

Preuve en cas de polygamie

(2) Lorsqu’un prévenu est inculpé d’une infraction visée au présent article, il n’est pas nécessaire d’affirmer ou de prouver, dans l’acte d’accusation ou lors du procès du prévenu, le mode par lequel le lien présumé a été contracté, accepté ou convenu. Il n’est pas nécessaire non plus, au procès, de prouver que les personnes qui auraient contracté le lien ont eu, ou avaient l’intention d’avoir, des rapports sexuels.

S.R., ch. C-34, art. 257.

Célébration illicite du mariage Célébration du mariage sans autorisation

294. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) célèbre ou prétend célébrer un mariage sans autorisation légale, dont la preuve lui incombe;

b) amène une personne à célébrer un mariage, sachant que cette personne n’est pas légalement autorisée à le célébrer.

S.R., ch. C-34, art. 258.

Mariage contraire à la loi

295. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, étant légalement autorisé à célébrer le mariage, célèbre sciemment et volontairement un mariage en violation des lois de la province où il est célébré.

S.R., ch. C-34, art. 259.

Libelle blasphématoire Infraction

296. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque publie un libelle blasphématoire.

Question de fait

(2) La question de savoir si une matière publiée constitue ou non un libelle blasphématoire est une question de fait.

Réserve

(3) Nul ne peut être déclaré coupable d’une infraction visée au présent article pour avoir exprimé de bonne foi et dans un langage convenable, ou cherché à établir par des arguments employés de bonne foi et communiqués dans un langage convenable, une opinion sur un sujet religieux.

S.R., ch. C-34, art. 260.

Libelle diffamatoire Définition de « journal »

297. Aux articles 303, 304 et 308, « journal » s’entend de tout journal, magazine ou périodique contenant des nouvelles, renseignements ou comptes rendus d’événements d’intérêt public, ou des remarques ou observations à leur sujet, imprimé pour la vente et publié périodiquement ou en parties ou numéros, à des intervalles d’au plus trente et un jours entre la publication de deux journaux, parties ou numéros de ce genre, et de tout journal, magazine ou périodique imprimé pour être mis en circulation et rendu public, hebdomadairement ou plus souvent, ou à des intervalles d’au plus trente et un jours, qui contient des annonces, exclusivement ou principalement.

S.R., ch. C-34, art. 261.

Définition

298. (1) Un libelle diffamatoire consiste en une matière publiée sans justification ni excuse légitime et de nature à nuire à la réputation de quelqu’un en l’exposant à la haine, au mépris ou au ridicule, ou destinée à outrager la personne contre qui elle est publiée.

Mode d’expression

(2) Un libelle diffamatoire peut être exprimé directement ou par insinuation ou ironie :

a) soit en mots lisiblement marqués sur une substance quelconque;

b) soit au moyen d’un objet signifiant un libelle diffamatoire autrement que par des mots.

S.R., ch. C-34, art. 262.

Publication

299. Une personne publie un libelle lorsque, selon le cas :

a) elle l’exhibe en public;

b) elle le fait lire ou voir;

c) elle le montre ou le délivre, ou le fait montrer ou délivrer, dans l’intention qu’il soit lu ou vu par la personne qu’il diffame ou par toute autre personne.

S.R., ch. C-34, art. 263.

Libelle délibérément faux

300. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque publie un libelle diffamatoire qu’il sait être faux.

S.R., ch. C-34, art. 264.

Diffamation

301. Quiconque publie un libelle diffamatoire est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

S.R., ch. C-34, art. 265.

Extorsion par libelle

302. (1) Commet une infraction quiconque, avec l’intention :

a) ou bien d’extorquer de l’argent de quelqu’un;

b) ou bien d’induire quelqu’un à conférer à une autre personne une charge ou fonction rémunérée ou de confiance, ou à obtenir pour cette autre personne une telle charge ou fonction,

publie ou menace de publier, ou offre de s’abstenir de publier un libelle diffamatoire ou d’en empêcher la publication.

Idem

(2) Commet une infraction quiconque, par suite du refus d’une personne de permettre qu’on extorque de l’argent ou de conférer ou procurer une charge ou fonction rémunérée ou de confiance, publie ou menace de publier un libelle diffamatoire.

Peine

(3) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque commet une infraction visée au présent article.

S.R., ch. C-34, art. 266.

Le propriétaire d’un journal est présumé responsable

303. (1) Le propriétaire d’un journal est réputé publier une matière diffamatoire qui est insérée et publiée dans ce journal, à moins qu’il ne prouve que la matière diffamatoire a été insérée dans le journal à son insu et sans négligence de sa part.

Négligence dans le cas d’une autorisation générale à un gérant

(2) Lorsque le propriétaire d’un journal donne à quelqu’un une autorisation générale d’administrer ou de diriger le journal à titre de rédacteur en chef ou autrement, l’insertion, par cette personne, d’une matière diffamatoire dans le journal est, pour l’application du paragraphe (1), censée ne pas constituer une négligence de la part du propriétaire, sauf si l’on prouve :

a) soit qu’il avait l’intention d’inclure dans son autorisation générale le pouvoir d’insérer une matière diffamatoire dans le journal;

b) soit qu’il a continué à conférer l’autorisation générale après avoir appris qu’elle avait été exercée par l’insertion d’une matière diffamatoire dans le journal.

Vente de journaux

(3) Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il vend un numéro ou partie d’un journal renfermant un libelle diffamatoire, sauf s’il sait que le

numéro ou la partie contient une matière diffamatoire ou que le journal renferme habituellement une matière diffamatoire.

S.R., ch. C-34, art. 267.

Vente de livres contenant une diffamation

304. (1) Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il vend un livre, un magazine, une brochure ou autre chose, à l’exclusion d’un journal, qui contient une matière diffamatoire, si, au moment de la vente, il ne sait pas que la publication renferme la matière diffamatoire.

Vente par un employé

(2) Lorsqu’un employé, dans le cours de son occupation, vend un livre, un magazine, une brochure ou autre chose, à l’exclusion d’un journal, l’employeur est réputé ne pas publier une matière diffamatoire qui y est contenue, à moins qu’il ne soit prouvé que l’employeur a autorisé la vente sachant :

a) qu’une matière diffamatoire y était contenue;

b) qu’une matière diffamatoire y était habituellement contenue, dans le cas d’un périodique.

S.R., ch. C-34, art. 268.

Publication de comptes rendus judiciaires

305. Nul n’est réputé publier un libelle diffamatoire du seul fait qu’il rend publique une matière diffamatoire :

a) soit dans une procédure engagée devant un tribunal exerçant un pouvoir judiciaire ou sous l’autorité d’un tel tribunal;

b) soit dans une enquête faite sous l’autorité d’une loi ou sur l’ordre de Sa Majesté, ou sous l’autorité d’un ministère public ou d’un ministère du gouvernement d’une province.

S.R., ch. C-34, art. 269.

Documents parlementaires

306. Nul n’est réputé publier un libelle diffamatoire pour la seule raison que, selon le cas :

a) il fait connaître, au Sénat ou à la Chambre des communes, ou à une législature provinciale, une matière diffamatoire contenue dans une pétition au Sénat ou à la Chambre des communes, ou à la législature, selon le cas;

b) il publie, sur l’ordre ou sous l’autorité du Sénat ou de la Chambre des communes, ou d’une législature provinciale, un document renfermant une matière diffamatoire;

c) il rend public, de bonne foi et sans malveillance envers la personne diffamée, un extrait ou résumé d’une pétition ou d’un document que mentionne l’alinéa a) ou b).

S.R., ch. C-34, art. 270.

Comptes rendus loyaux des délibérations du Parlement et des tribunaux

307. (1) Nul n’est réputé publier un libelle diffamatoire du seul fait qu’il publie de bonne foi, pour l’information du public, un compte rendu loyal des délibérations du Sénat ou de la Chambre des communes, ou d’une législature provinciale, ou d’un de leurs comités, ou des délibérations publiques devant un tribunal exerçant l’autorité judiciaire, ou publie, de bonne foi, des commentaires honnêtes et loyaux sur l’une ou l’autre de ces délibérations.

Les procédures en matière de divorce constituent une exception

(2) Le présent article ne s’applique pas à une personne qui publie un compte rendu d’une preuve recueillie ou offerte dans toute procédure devant le Sénat ou la Chambre des communes, ou d’un comité du Sénat ou de la Chambre des communes, sur une pétition ou un projet de loi concernant une question de mariage ou de divorce, si le compte rendu est publié sans l’autorisation ou la permission de la chambre où la procédure a lieu, ou est contraire à une règle, un ordre ou une pratique de cette chambre.

S.R., ch. C-34, art. 271.

Comptes rendus loyaux des délibérations des assemblées publiques

308. Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il publie de bonne foi, dans un journal, un compte rendu loyal des délibérations d’une assemblée publique si, à la fois :

a) l’assemblée est légalement convoquée pour un objet légitime et est ouverte au public;

b) le compte rendu est loyal et exact;

c) la publication de la chose faisant l’objet de la plainte est effectuée pour le bien public;

d) il ne refuse pas de publier, dans un endroit bien en vue du journal, une explication ou contradiction raisonnable, par la personne diffamée, au sujet de la matière diffamatoire.

S.R., ch. C-34, art. 272.

Bien public

309. Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il publie une matière diffamatoire que, pour des motifs raisonnables, il croit vraie et qui est pertinente à toute question d’intérêt public, dont la discussion publique a lieu pour le bien public.

S.R., ch. C-34, art. 273.

Commentaires loyaux sur un personnage public ou une oeuvre

310. Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il publie des commentaires loyaux :

a) sur la conduite publique d’une personne qui prend part aux affaires publiques;

b) sur un livre publié ou une autre production littéraire, ou sur une composition ou oeuvre d’art ou représentation publiquement exposée ou donnée, ou sur toute autre communication faite au public concernant un sujet quelconque, si les commentaires se bornent à une critique.

S.R., ch. C-34, art. 274.

Quand la vérité est un moyen de défense

311. Nul n’est réputé publier un libelle diffamatoire lorsqu’il prouve que la publication de la matière diffamatoire, de la façon qu’elle a été publiée, a été faite pour le bien public au moment où elle a été publiée et que la matière même était vraie.

S.R., ch. C-34, art. 275.

Publication sollicitée ou nécessaire

312. Nul n’est réputé publier un libelle diffamatoire du seul fait qu’il publie une matière diffamatoire :

a) sur l’invitation ou le défi de la personne à l’égard de qui elle est publiée;

b) dont la publication s’impose pour réfuter une matière diffamatoire publiée à son égard par une autre personne,

s’il croit que la matière diffamatoire est vraie et qu’elle se rattache à l’invitation, au défi ou à la réfutation nécessaire, selon le cas, et ne dépasse sous aucun rapport ce qui est raisonnablement suffisant dans les circonstances.

S.R., ch. C-34, art. 276.

Réponse à des demandes de renseignements

313. Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il publie, en réponse à des demandes de renseignements qui lui sont faites, une matière diffamatoire sur un sujet concernant lequel la personne par qui, ou pour le compte de qui, les demandes sont adressées, a intérêt à connaître la vérité, ou que, pour des motifs raisonnables, la personne qui publie la matière diffamatoire croit avoir un tel intérêt, si, à la fois :

a) la matière est publiée de bonne foi dans le dessein de fournir des renseignements en réponse aux demandes;

b) la personne qui publie la matière diffamatoire la croit vraie;

c) la matière diffamatoire se rapporte aux demandes;

d) la matière diffamatoire n’excède, sous aucun rapport, ce qui est raisonnablement suffisant dans les circonstances.

S.R., ch. C-34, art. 277.

Le fait de donner des renseignements à la personne intéressée

314. Nul n’est réputé publier un libelle diffamatoire pour la seule raison qu’il révèle à une autre personne une matière diffamatoire, dans le dessein de donner à cette personne des renseignements sur un sujet à l’égard duquel elle a, ou, de l’avis raisonnablement motivé de la personne qui les fournit, possède un intérêt à connaître la vérité sur ce sujet, pourvu que, à la fois :

a) la conduite de la personne qui donne les renseignements soit raisonnable dans les circonstances;

b) la matière diffamatoire se rapporte au sujet;

c) la matière diffamatoire soit vraie ou, si elle ne l’est pas, qu’elle soit faite sans malveillance envers la personne diffamée, et avec la croyance raisonnablement motivée qu’elle est vraie.

S.R., ch. C-34, art. 278.

Publication de bonne foi en vue de redresser un tort

315. Nul n’est réputé publier un libelle diffamatoire du seul fait qu’il publie une matière diffamatoire de bonne foi dans le dessein de chercher une réparation ou un redressement

pour un tort ou grief, privé ou public, auprès d’une personne qui a, ou qu’il croit, pour des motifs raisonnables, avoir le droit ou l’obligation de réparer le tort ou grief ou d’en opérer le redressement, si, à la fois :

a) il croit que la matière diffamatoire est vraie;

b) la matière diffamatoire se rattache à la réparation ou au redressement recherché;

c) la matière diffamatoire n’excède, sous aucun rapport, ce qui est raisonnablement suffisant dans les circonstances.

S.R., ch. C-34, art. 279.

Preuve de publication par ordre d’une législature

316. (1) Un prévenu qui aurait publié un libelle diffamatoire peut, à toute étape des procédures, produire une preuve pour démontrer que la matière prétendue diffamatoire était contenue dans un document publié par ordre ou sous l’autorité du Sénat ou de la Chambre des communes, ou d’une législature provinciale.

Verdict à rendre

(2) Lorsque, à toute étape des procédures mentionnées au paragraphe (1), le tribunal, juge, juge de paix ou juge de la cour provinciale est convaincu que la matière prétendue diffamatoire était contenue dans un document publié par ordre ou sous l’autorité du Sénat ou de la Chambre des communes, ou d’une législature provinciale, il ordonne que soit enregistré un verdict de non-culpabilité et libère le prévenu.

Certificat de l’ordre

(3) Pour l’application du présent article, un certificat signé par le président ou greffier du Sénat ou de la Chambre des communes, ou d’une législature provinciale, portant que la matière prétendue diffamatoire était contenue dans un document publié par ordre ou sous l’autorité du Sénat, de la Chambre des communes ou de la législature, selon le cas, en constitue une preuve concluante.

L.R. (1985), ch. C-46, art. 316; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Verdicts Verdicts dans les cas de libelle diffamatoire

317. Si, à l’instruction d’un acte d’accusation d’avoir publié un libelle diffamatoire, il y a plaidoyer de non-culpabilité, le jury assermenté pour juger l’affaire peut rendre un verdict général de culpabilité ou de non-culpabilité sur toute la matière débattue à la suite de l’acte d’accusation; le juge ne peut prescrire ni donner instruction au jury de déclarer le

défendeur coupable sur la simple preuve de la publication que ce dernier a faite du prétendu libelle, et du sens y attribué dans l’accusation. Cependant, le juge peut, à sa discrétion, donner au jury des instructions ou une opinion sur la matière en litige, comme dans d’autres procédures pénales, et le jury peut, sur l’affaire, rendre un verdict spécial.

S.R., ch. C-34, art. 281.

Propagande haineuse Encouragement au génocide

318. (1) Quiconque préconise ou fomente le génocide est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

Définition de « génocide »

(2) Au présent article, « génocide » s’entend de l’un ou l’autre des actes suivants commis avec l’intention de détruire totalement ou partiellement un groupe identifiable, à savoir :

a) le fait de tuer des membres du groupe;

b) le fait de soumettre délibérément le groupe à des conditions de vie propres à entraîner sa destruction physique.

Consentement

(3) Il ne peut être engagé de poursuites pour une infraction prévue au présent article sans le consentement du procureur général.

Définition de « groupe identifiable »

(4) Au présent article, « groupe identifiable » désigne toute section du public qui se différencie des autres par la couleur, la race, la religion, l’origine ethnique ou l’orientation sexuelle.

L.R. (1985), ch. C-46, art. 318; 2004, ch. 14, art. 1.

Version précédente

Incitation publique à la haine

319. (1) Quiconque, par la communication de déclarations en un endroit public, incite à la haine contre un groupe identifiable, lorsqu’une telle incitation est susceptible d’entraîner une violation de la paix, est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Fomenter volontairement la haine

(2) Quiconque, par la communication de déclarations autrement que dans une conversation privée, fomente volontairement la haine contre un groupe identifiable est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Défenses

(3) Nul ne peut être déclaré coupable d’une infraction prévue au paragraphe (2) dans les cas suivants :

a) il établit que les déclarations communiquées étaient vraies;

b) il a, de bonne foi, exprimé une opinion sur un sujet religieux ou une opinion fondée sur un texte religieux auquel il croit, ou a tenté d’en établir le bien-fondé par argument;

c) les déclarations se rapportaient à une question d’intérêt public dont l’examen était fait dans l’intérêt du public et, pour des motifs raisonnables, il les croyait vraies;

d) de bonne foi, il voulait attirer l’attention, afin qu’il y soit remédié, sur des questions provoquant ou de nature à provoquer des sentiments de haine à l’égard d’un groupe identifiable au Canada.

Confiscation

(4) Lorsqu’une personne est déclarée coupable d’une infraction prévue à l’article 318 ou aux paragraphes (1) ou (2) du présent article, le juge de la cour provinciale ou le juge qui préside peut ordonner que toutes choses au moyen desquelles ou en liaison avec lesquelles l’infraction a été commise soient, outre toute autre peine imposée, confisquées au profit de Sa Majesté du chef de la province où cette personne a été reconnue coupable, pour qu’il en soit disposé conformément aux instructions du procureur général.

Installations de communication exemptes de saisie

(5) Les paragraphes 199(6) et (7) s’appliquent, compte tenu des adaptations de circonstance, à l’article 318 et aux paragraphes (1) et (2) du présent article.

Consentement

(6) Il ne peut être engagé de poursuites pour une infraction prévue au paragraphe (2) sans le consentement du procureur général.

Définitions

(7) Les définitions qui suivent s’appliquent au présent article.

« communiquer »

“communicating”

« communiquer » S’entend notamment de la communication par téléphone, radiodiffusion ou autres moyens de communication visuelle ou sonore.

« déclarations »

“statements”

« déclarations » S’entend notamment des mots parlés, écrits ou enregistrés par des moyens électroniques ou électromagnétiques ou autrement, et des gestes, signes ou autres représentations visibles.

« endroit public »

“public place”

« endroit public » Tout lieu auquel le public a accès de droit ou sur invitation, expresse ou tacite.

« groupe identifiable »

“identifiable group”

« groupe identifiable » A le sens que lui donne l’article 318.

L.R. (1985), ch. C-46, art. 319; L.R. (1985), ch. 27 (1er suppl.), art. 203; 2004, ch. 14, art. 2.

Version précédente

Mandat de saisie

320. (1) Un juge convaincu, par une dénonciation sous serment, qu’il existe des motifs raisonnables de croire qu’une publication, dont des exemplaires sont gardés aux fins de vente ou de distribution dans un local du ressort du tribunal, est de la propagande haineuse, émet, sous son seing, un mandat autorisant la saisie des exemplaires.

Sommation à l’occupant

(2) Dans un délai de sept jours après l’émission du mandat, le juge adresse à l’occupant du local une sommation lui ordonnant de comparaître devant le tribunal et d’exposer les raisons pour lesquelles il estime que ce qui a été saisi ne devrait pas être confisqué au profit de Sa Majesté.

Le propriétaire et l’auteur peuvent comparaître

(3) Le propriétaire ainsi que l’auteur de ce qui a été saisi et qui est présumé être de la propagande haineuse peuvent comparaître et être représentés dans les procédures pour s’opposer à ce qu’une ordonnance de confiscation soit rendue.

Ordonnance de confiscation

(4) Si le tribunal est convaincu que la publication est de la propagande haineuse, il rend une ordonnance la déclarant confisquée au profit de Sa Majesté du chef de la province où les procédures ont lieu, pour qu’il en soit disposé comme peut l’ordonner le procureur général.

Disposition de ce qui a été saisi

(5) Si le tribunal n’est pas convaincu que la publication est de la propagande haineuse, il ordonne que ce qui a été saisi soit remis à la personne entre les mains de laquelle cela a été saisi, dès l’expiration du délai imparti pour un appel final.

Appel

(6) Il peut être interjeté appel d’une ordonnance rendue aux termes des paragraphes (4) ou (5) par toute personne qui a comparu dans les procédures :

a) pour tout motif d’appel n’impliquant qu’une question de droit;

b) pour tout motif d’appel n’impliquant qu’une question de fait;

c) pour tout motif d’appel impliquant une question mixte de droit et de fait,

comme s’il s’agissait d’un appel contre une déclaration de culpabilité ou contre un jugement ou verdict d’acquittement, selon le cas, sur une question de droit seulement en vertu de la partie XXI, et les articles 673 à 696 s’appliquent, compte tenu des adaptations de circonstance.

Consentement

(7) Il ne peut être engagé de poursuites en vertu du présent article sans le consentement du procureur général.

Définitions

(8) Les définitions qui suivent s’appliquent au présent article.

« génocide »

“genocide”

« génocide » A le sens que lui donne l’article 318.

« juge »

“judge”

« juge » Juge d’un tribunal.

« propagande haineuse »

“hate propaganda”

« propagande haineuse » Tout écrit, signe ou représentation visible qui préconise ou fomente le génocide, ou dont la communication par toute personne constitue une infraction aux termes de l’article 319.

« tribunal »

“court”

« tribunal »

a) Dans la province de Québec, la Cour du Québec;

a.1) dans la province d’Ontario, la Cour supérieure de justice;

b) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, la Cour du Banc de la Reine;

c) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, la Section de première instance de la Cour suprême;

c.1) [Abrogé, 1992, ch. 51, art. 36]

d) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, au Yukon et dans les Territoires du Nord-Ouest, la Cour suprême;

e) au Nunavut, la Cour de justice.

L.R. (1985), ch. C-46, art. 320; L.R. (1985), ch. 27 (2e suppl.), art. 10, ch. 40 (4e suppl.), art. 2; 1990, ch. 16, art. 4, ch. 17, art. 11; 1992, ch. 1, art. 58, ch. 51, art. 36; 1998, ch. 30, art. 14; 1999, ch. 3, art. 29; 2002, ch. 7, art. 142.

Version précédente

Mandat de saisie

320.1 (1) Le juge peut, s’il est convaincu par une dénonciation sous serment qu’il y a des motifs raisonnables de croire qu’il existe une matière — qui constitue de la propagande haineuse au sens du paragraphe 320(8) ou contient des données, au sens du paragraphe 342.1(2), qui rendent la propagande haineuse accessible — qui est emmagasinée et rendue accessible au public au moyen d’un ordinateur au sens du paragraphe 342.1(2) situé dans le ressort du tribunal, ordonner au gardien de l’ordinateur :

a) de remettre une copie électronique de la matière au tribunal;

b) de s’assurer que la matière n’est plus emmagasinée ni accessible au moyen de l’ordinateur;

c) de fournir les renseignements nécessaires pour identifier et trouver la personne qui a affiché la matière.

Avis à la personne qui a affiché la matière

(2) Dans un délai raisonnable après la réception des renseignements visés à l’alinéa (1)c), le juge fait donner un avis à la personne qui a affiché la matière, donnant à celle-ci l’occasion de comparaître et d’être représentée devant le tribunal et de présenter les raisons pour lesquelles la matière ne devrait pas être effacée. Si la personne ne peut être identifiée ou trouvée ou ne réside pas au Canada, le juge peut ordonner au gardien de l’ordinateur d’afficher le texte de l’avis à l’endroit où la matière était emmagasinée et rendue accessible, jusqu’à la date de comparution de la personne.

Personne qui a affiché la matière : comparution

(3) La personne qui a affiché la matière peut comparaître et être représentée au cours de la procédure pour s’opposer à l’établissement d’une ordonnance en vertu du paragraphe (5).

Personne qui a affiché la matière : non comparution

(4) Si la personne qui a affiché la matière ne comparaît pas, le tribunal peut statuer sur la procédure, en l’absence de cette personne, aussi complètement et effectivement que si elle avait comparu.

Ordonnance

(5) Si le tribunal est convaincu, selon la prépondérance des probabilités, que la matière est accessible au public et constitue de la propagande haineuse au sens du paragraphe 320(8) ou contient des données, au sens du paragraphe 342.1(2), qui rendent la propagande haineuse accessible, il peut ordonner au gardien de l’ordinateur de l’effacer.

Destruction de la copie électronique

(6) Au moment de rendre une ordonnance en vertu du paragraphe (5), le tribunal peut ordonner la destruction de la copie électronique qu’il possède.

Sort de la matière

(7) Si le tribunal n’est pas convaincu que la matière est accessible au public et constitue de la propagande haineuse au sens du paragraphe 320(8) ou contient des données, au sens du paragraphe 342.1(2), qui rendent la propagande haineuse accessible, il doit ordonner que la copie électronique soit remise au gardien de l’ordinateur et mettre fin à l’ordonnance visée à l’alinéa (1)b).

Application d’autres dispositions

(8) Les paragraphes 320(6) à (8) s’appliquent, avec les adaptations nécessaires, au présent article.

Ordonnance en vigueur

(9) L’ordonnance rendue en vertu de l’un des paragraphes (5) à (7) n’est pas en vigueur avant l’expiration de tous les délais d’appel.

2001, ch. 41, art. 10.

PARTIE IX

INFRACTIONS CONTRE LES DROITS DE PROPRIÉTÉ Définitions Définitions

321. Les définitions qui suivent s’appliquent à la présente partie.

« bon du Trésor »

“exchequer bill”

« bon du Trésor » Billet de banque, obligation, billet, débenture ou valeur émise ou garantie par Sa Majesté sous l’autorité du Parlement ou de la législature d’une province.

« carte de crédit »

“credit card”

« carte de crédit » Désigne notamment les cartes, plaquettes ou coupons délivrés afin :

a) soit de procurer à crédit, sur présentation, des fonds, des marchandises, des services ou toute autre chose de valeur;

b) soit de permettre l’accès, par un guichet automatique, un terminal d’un système décentralisé ou un autre service bancaire automatique, aux différents services qu’offrent ces appareils.

« document »

“document”

« document » Papier, parchemin ou autre matière sur lesquels est enregistré ou marqué quelque chose qui peut être lu ou compris par une personne, un ordinateur ou un autre dispositif, y compris une carte de crédit. La présente définition exclut toutefois les marques de commerce sur des articles de commerce et les inscriptions sur la pierre ou le métal ou autre matière semblable.

« effraction »

“break”

« effraction » Le fait :

a) soit de briser quelque partie intérieure ou extérieure d’une chose;

b) soit d’ouvrir toute chose employée ou destinée à être employée pour fermer ou pour couvrir une ouverture intérieure ou extérieure.

« faux document »

“false document”

« faux document » Selon le cas :

a) document dont la totalité ou une partie importante est donnée comme ayant été faite par ou pour une personne qui :

(i) ou bien ne l’a pas faite ou n’a pas autorisé qu’elle soit faite,

(ii) ou bien, en réalité, n’existait pas;

b) document qui a été fait par ou pour la personne qui paraît l’avoir fait, mais qui est faux sous quelque rapport essentiel;

c) document qui est fait au nom d’une personne existante, par elle-même ou sous son autorité, avec l’intention frauduleuse qu’il passe comme étant fait par une personne, réelle ou fictive, autre que celle qui le fait ou sous l’autorité de qui il est fait.

« papier de bons du Trésor »

“exchequer bill paper”

« papier de bons du Trésor » Papier servant à manufacturer des bons du Trésor.

« papier de revenu »

“revenue paper”

« papier de revenu » Papier employé pour faire des timbres, licences ou permis ou à toute fin se rattachant au revenu public.

L.R. (1985), ch. C-46, art. 321; L.R. (1985), ch. 27 (1er suppl.), art. 42.

Vol Vol

322. (1) Commet un vol quiconque prend frauduleusement et sans apparence de droit, ou détourne à son propre usage ou à l’usage d’une autre personne, frauduleusement et sans apparence de droit, une chose quelconque, animée ou inanimée, avec l’intention :

a) soit de priver, temporairement ou absolument, son propriétaire, ou une personne y ayant un droit de propriété spécial ou un intérêt spécial, de cette chose ou de son droit ou intérêt dans cette chose;

b) soit de la mettre en gage ou de la déposer en garantie;

c) soit de s’en dessaisir à une condition, pour son retour, que celui qui s’en dessaisit peut être incapable de remplir;

d) soit d’agir à son égard de telle manière qu’il soit impossible de la remettre dans l’état où elle était au moment où elle a été prise ou détournée.

Moment où le vol est consommé

(2) Un individu commet un vol quand, avec l’intention de voler une chose, il la déplace ou fait en sorte qu’elle se déplace, ou la fait déplacer, ou commence à la rendre amovible.

Secret

(3) La prise ou le détournement d’une chose peut être entaché de fraude, même si la prise ou le détournement a lieu ouvertement ou sans tentative de dissimulation.

But de la soustraction d’une chose

(4) Est sans conséquence, pour l’application de la présente loi, la question de savoir si une chose qui fait l’objet d’un détournement est soustraite en vue d’un détournement ou si elle est alors en la possession légitime de la personne qui la détourne.

Créature sauvage

(5) Pour l’application du présent article, une personne qui a une créature sauvage vivante en captivité est réputée avoir un droit spécial de propriété ou un intérêt spécial dans cette créature pendant que celle-ci est en captivité et après qu’elle s’est échappée de captivité.

S.R., ch. C-34, art. 283.

Huîtres

323. (1) Lorsque des huîtres et un naissain se trouvent sur des huîtrières ou dans des parcs ou des pêcheries d’huîtres appartenant à une personne et sont suffisamment délimités ou connus comme étant la propriété de cette dernière, celle-ci est censée y avoir un droit spécial de propriété ou un intérêt spécial.

Huîtrière

(2) Un acte d’accusation est suffisant s’il décrit une huîtrière, un parc ou des pêcheries d’huîtres sous un nom ou de toute autre façon sans déclarer qu’ils sont situés dans une circonscription territoriale particulière.

S.R., ch. C-34, art. 284.

Vol par dépositaire de choses frappées de saisie

324. Quiconque, étant dépositaire d’une chose qui est sous saisie légale par un agent de la paix ou un fonctionnaire public dans l’exercice de ses fonctions, et étant obligé par la loi

ou une convention de produire et livrer cette chose à l’agent, au fonctionnaire ou à une autre personne y ayant droit, à une certaine époque et à un certain endroit, ou sur demande, la vole s’il ne la produit ni ne la livre conformément à son obligation, mais il ne la vole pas si son défaut de la produire et de la livrer n’est pas la conséquence d’un acte ou d’une omission volontaire de sa part.

S.R., ch. C-34, art. 285.

Quand la mise en gage par un agent n’est pas un vol

325. Un facteur ou agent ne commet pas un vol en mettant en gage des marchandises ou des titres de marchandises qui lui sont confiés pour les vendre ou pour toute autre fin, ou en donnant un droit de rétention sur ces marchandises ou titres, si le gage ou droit de rétention représente un montant qui n’excède pas l’ensemble des montants suivants :

a) le montant que lui doit son commettant au moment où les marchandises ou titres sont gagés ou le droit de rétention donné;

b) le montant de toute lettre de change acceptée par lui pour son commettant ou pour le compte de ce dernier.

S.R., ch. C-34, art. 286.

Vol de service de télécommunication

326. (1) Commet un vol quiconque, frauduleusement, malicieusement ou sans apparence de droit :

a) soit soustrait, consomme ou emploie de l’électricité ou du gaz ou fait en sorte qu’il y ait gaspillage ou détournement d’électricité ou de gaz;

b) soit se sert d’installations ou obtient un service en matière de télécommunication.

Définition de « télécommunication »

(2) Au présent article et à l’article 327, « télécommunication » désigne toute transmission, émission ou réception de signes, de signaux, d’écrits, d’images, de sons ou de renseignements de toute nature par fil, radioélectricité, optique ou autres systèmes électromagnétiques.

S.R., ch. C-34, art. 287; 1974-75-76, ch. 93, art. 23.

Possession de moyens permettant d’utiliser des installations ou d’obtenir un service en matière de télécommunication

327. (1) Quiconque, sans excuse légitime, dont la preuve lui incombe, fabrique, possède, vend ou offre en vente ou écoule des instruments ou des pièces particulièrement utiles pour utiliser des installations ou obtenir un service en matière de télécommunication, dans des circonstances qui permettent raisonnablement de conclure qu’ils ont été utilisés, sont destinés ou ont été destinés à l’être à cette fin, sans acquittement des droits exigibles, est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans.

Confiscation

(2) Lorsqu’une personne est déclarée coupable d’une infraction prévue au paragraphe (1) ou à l’alinéa 326(1)b), tout instrument au moyen duquel l’infraction a été commise ou dont la possession a constitué l’infraction peut, après cette déclaration de culpabilité et en plus de toute peine qui est imposée, être par ordonnance confisqué au profit de Sa Majesté, après quoi il peut en être disposé conformément aux instructions du procureur général.

Restriction

(3) Aucune ordonnance de confiscation ne peut être rendue en vertu du paragraphe (2) relativement à des installations ou du matériel de communications téléphoniques, télégraphiques ou autres qui sont la propriété d’une personne fournissant au public un service de communications téléphoniques, télégraphiques ou autres ou qui font partie du service ou réseau de communications téléphoniques, télégraphiques ou autres d’une telle personne et au moyen desquels une infraction prévue au paragraphe (1) a été commise, si cette personne n’a pas participé à l’infraction.

1974-75-76, ch. 93, art. 24.

Vol par une personne ou d’une personne ayant un droit de propriété ou intérêt spécial

328. Une personne peut être déclarée coupable de vol, même si la chose qu’on prétend avoir été volée l’a été, selon le cas :

a) par son propriétaire, d’une personne qui y a un droit de propriété ou un intérêt spécial;

b) par une personne qui y a un droit de propriété ou un intérêt spécial, de son propriétaire;

c) par un locataire, de la personne investie du droit de réversion;

d) par l’un de plusieurs copropriétaires, tenanciers en commun ou associés à l’égard de cette chose ou dans cette chose, des autres personnes qui y ont un intérêt;

e) par un agent, à l’encontre de l’organisation.

L.R. (1985), ch. C-46, art. 328; 2003, ch. 21, art. 4.

Version précédente

329. [Abrogé, 2000, ch. 12, art. 94]

Vol par une personne tenue de rendre compte

330. (1) Commet un vol quiconque, ayant reçu d’une personne une chose à des conditions qui l’astreignent à en rendre compte ou à la payer, ou à rendre compte ou faire le versement de la totalité ou d’une partie du produit à cette personne ou à une autre, frauduleusement omet d’en rendre compte ou de la payer, ou de rendre compte ou de faire le versement de la totalité ou d’une partie du produit en conformité avec ces conditions.

Effet d’une inscription à un compte

(2) Si le paragraphe (1) s’applique autrement, mais qu’une des conditions porte que la chose reçue ou la totalité ou la partie de son produit doit constituer un article d’un compte, par doit et avoir, entre celui qui reçoit la chose et celui à qui il doit en rendre compte ou la payer, et que ce dernier se repose seulement sur la responsabilité de l’autre comme son débiteur à cet égard, une inscription régulière, dans ce compte, de la chose reçue ou de la totalité ou de la partie de son produit, selon le cas, constitue une reddition de compte suffisante en l’espèce, et nul détournement frauduleux de la chose ou de la totalité ou de la partie de son produit dont il est ainsi rendu compte, n’est censé avoir eu lieu.

S.R., ch. C-34, art. 290.

Vol par une personne détenant une procuration

331. Commet un vol quiconque, étant investi, soit seul, soit conjointement avec une autre personne, d’une procuration l’autorisant à vendre, hypothéquer, engager ou autrement aliéner un bien meuble ou immeuble, frauduleusement vend, hypothèque, engage ou aliène autrement ce bien, en totalité ou en partie, ou frauduleusement détourne le produit de la vente, de l’hypothèque, de l’engagement ou autre aliénation de ce bien ou toute partie de ce produit, à d’autres fins que celles pour lesquelles cette procuration lui a été confiée.

S.R., ch. C-34, art. 291.

Distraction de fonds détenus en vertu d’instructions

332. (1) Commet un vol quiconque, ayant reçu, soit seul, soit conjointement avec une autre personne, de l’argent ou une valeur ou une procuration l’autorisant à vendre des biens meubles ou immeubles, avec instructions d’affecter à une fin ou de verser à une personne que spécifient les instructions la totalité ou une partie de cet argent ou la totalité ou une partie du produit de la valeur ou des biens, frauduleusement et en violation des

instructions reçues affecte à une autre fin ou verse à une autre personne l’argent ou le produit, ou toute partie de cet argent ou de ce produit.

Effet d’une inscription à un compte

(2) Le présent article ne s’applique pas lorsqu’une personne qui reçoit une chose mentionnée au paragraphe (1) et celle de qui elle la reçoit traitent l’une avec l’autre de telle manière que tout argent versé à la première serait, en l’absence de telles instructions, régulièrement traité comme un article d’un compte, par doit et avoir, entre elles, à moins que les instructions ne soient données par écrit.

S.R., ch. C-34, art. 292.

Prise de minerais pour des fins scientifiques

333. Nul ne commet un vol du seul fait qu’il prend, à des fins d’exploration ou d’enquête scientifique, un échantillon de minerai ou de minéraux dans un terrain non enclos et non occupé ni exploité comme mine, carrière ou fouille.

S.R., ch. C-34, art. 293.

Punition du vol

334. Sauf disposition contraire des lois, quiconque commet un vol :

a) est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans, si le bien volé est un titre testamentaire ou si la valeur de ce qui est volé dépasse cinq mille dollars;

b) est coupable :

(i) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

si la valeur de ce qui est volé ne dépasse pas cinq mille dollars.

L.R. (1985), ch. C-46, art. 334; L.R. (1985), ch. 27 (1er suppl.), art. 43; 1994, ch. 44, art. 20.

Infractions ressemblant au vol Prise d’un véhicule à moteur ou d’un bateau sans consentement

335. (1) Sous réserve du paragraphe (1.1), est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sans le consentement du propriétaire, prend un véhicule à moteur ou un bateau avec l’intention de le conduire ou de l’utiliser ou de le faire conduire ou utiliser ou, sachant que le véhicule ou le bateau a été ainsi pris, se trouve à son bord.

Exception

(1.1) Le paragraphe (1) ne s’applique pas à l’occupant du véhicule à moteur ou du bateau qui, se rendant compte que celui-ci a été pris sans le consentement du propriétaire, quitte le véhicule ou le bateau ou tente de le faire dès que les circonstances le permettent.

Définition de « bateau »

(2) Pour l’application du paragraphe (1), « bateau » s’entend au sens de l’article 214 de la présente loi.

L.R. (1985), ch. C-46, art. 335; L.R. (1985), ch. 1 (4e suppl.), art. 15; 1997, ch. 18, art. 15.

Abus de confiance criminel

336. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, étant fiduciaire d’une chose quelconque à l’usage ou pour le bénéfice, en totalité ou en partie, d’une autre personne, ou pour un objet public ou de charité, avec l’intention de frauder et en violation de sa fiducie, détourne cette chose, en totalité ou en partie, à un usage non autorisé par la fiducie.

S.R., ch. C-34, art. 296.

Employé public qui refuse de remettre des biens

337. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, étant ou ayant été employé au service de Sa Majesté du chef du Canada ou d’une province, ou au service d’une municipalité, et chargé, en vertu de cet emploi, de la réception, de la garde, de la gestion ou du contrôle d’une chose, refuse ou omet de remettre cette chose à une personne qui est autorisée à la réclamer et qui, effectivement, la réclame.

S.R., ch. C-34, art. 297.

Prendre frauduleusement des bestiaux ou enlever les marques

338. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, sans le consentement du propriétaire, selon le cas :

a) frauduleusement prend, détient, garde en sa possession, cache, reçoit, s’approprie, achète ou vend des bestiaux trouvés errants;

b) frauduleusement, en totalité ou en partie :

(i) soit efface, altère ou maquille une marque ou empreinte mise sur des bestiaux,

(ii) soit met sur des bestiaux une empreinte ou marque fausse ou contrefaite.

Vol de bestiaux

(2) Quiconque commet un vol de bestiaux est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans.

Preuve de la propriété de bestiaux

(3) Dans toute poursuite engagée en vertu de la présente loi, la preuve que des bestiaux portent une marque ou empreinte inscrite ou enregistrée en conformité avec une loi quelconque, constitue, en l’absence de toute preuve contraire, une preuve que ces animaux appartiennent au propriétaire enregistré de cette empreinte ou marque.

Présomption découlant de la possession

(4) Lorsqu’un prévenu est inculpé d’une infraction visée par les paragraphes (1) ou (2), s’il n’est pas le propriétaire enregistré de l’empreinte ou de la marque que portent les bestiaux, il lui incombe de prouver que les bestiaux sont passés légalement en sa possession ou celle de son employé ou en la possession d’une autre personne, pour son compte, sauf s’il paraît que cette possession, par son employé ou par une autre personne, pour son compte, a eu lieu à son insu ou sans son autorisation.

S.R., ch. C-34, art. 298; 1974-75-76, ch. 93, art. 26.

Prise de possession, etc. de bois en dérive

339. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, sans le consentement du propriétaire, selon le cas :

a) frauduleusement prend, détient, garde en sa possession, cache, reçoit, s’approprie, achète ou vend;

b) enlève, modifie, oblitère ou maquille une marque ou un numéro que porte;

c) refuse de livrer au propriétaire ou à la personne qui en a la charge pour le compte du propriétaire ou à une personne autorisée par le propriétaire à le recevoir,

du bois ou du matériel d’exploitation forestière trouvé à la dérive, jeté sur le rivage ou reposant sur ou dans le lit ou le fond, ou sur le bord ou la grève d’une rivière, d’un ruisseau ou d’un lac au Canada ou dans un port ou des eaux côtières du Canada.

Fripiers et revendeurs

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, étant un commerçant d’articles d’occasion de toute sorte, fait le négoce ou le trafic, ou est en possession pour la vente ou le trafic, de matériel d’exploitation forestière portant la marque, le signe, la marque de bois déposée, le nom ou les initiales d’une personne sans le consentement écrit de cette personne.

Recherche du bois illégalement détenu

(3) Un agent de la paix, qui soupçonne, pour des motifs raisonnables, que du bois appartenant à une personne et portant la marque de bois enregistrée de cette personne, est gardé ou détenu dans un endroit quelconque hors de la connaissance ou sans le consentement du propriétaire, peut entrer dans cet endroit pour s’assurer si le bois y est détenu hors de la connaissance ou sans le consentement de cette personne.

Preuve de la propriété du bois

(4) Lorsque du bois ou du matériel d’exploitation forestière porte une marque de bois ou une marque de chaîne d’estacade enregistrée sous le régime de quelque loi, la marque de bois ou marque de chaîne d’estacade constitue, dans toute poursuite engagée sous le régime du paragraphe (1) et en l’absence de toute preuve contraire, une preuve que le bois ou l’outillage est la propriété du propriétaire enregistré de la marque de bois ou de la marque de chaîne d’estacade.

Présomption découlant de la possession

(5) Lorsqu’un prévenu ou ses employés ou agents sont en possession de bois ou de matériel d’exploitation forestière portant la marque, le signe ou la marque de bois enregistrée, le nom ou les initiales d’une autre personne, il incombe au prévenu de prouver, dans toute poursuite engagée sous le régime du paragraphe (1), que le bois ou le matériel est venu légitimement en sa possession ou en la possession de ses employés ou agents.

Définitions

(6) Les définitions qui suivent s’appliquent au présent article.

« bois »

“lumber”

« bois » Bois de toute sorte, y compris du bois d’oeuvre, des mâts, des espars, du bois à bardeaux et du bois en grume.

« eaux côtières du Canada »

“coastal waters of Canada”

« eaux côtières du Canada » Les eaux côtières du Canada comprennent tout le détroit de la Reine-Charlotte, tout le détroit de Georgie et les eaux canadiennes du détroit de Juan de Fuca.

« matériel d’exploitation forestière »

“lumbering equipment”

« matériel d’exploitation forestière » S’entend notamment d’une chaîne d’estacade, d’une chaîne, d’une ligne et d’un lien.

S.R., ch. C-34, art. 299.

Destruction de titres

340. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, à des fins frauduleuses, détruit, efface, cache ou oblitère :

a) soit un titre de marchandises ou de bien-fonds;

b) soit une valeur ou un acte testamentaire;

c) soit un document judiciaire ou officiel.

S.R., ch. C-34, art. 300.

Fait de cacher frauduleusement

341. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, à des fins frauduleuses, prend, obtient, enlève ou cache quoi que ce soit.

S.R., ch. C-34, art. 301.

Vol, etc. de cartes de crédit

342. (1) Quiconque, selon le cas :

a) vole une carte de crédit;

b) falsifie une carte de crédit ou en fabrique une fausse;

c) a en sa possession ou utilise une carte de crédit — authentique, fausse ou falsifiée, — ou en fait le trafic, alors qu’il sait qu’elle a été obtenue, fabriquée ou falsifiée :

(i) soit par suite de la commission d’une infraction au Canada,

(ii) soit par suite de la commission ou de l’omission, en n’importe quel endroit, d’un acte qui, au Canada, aurait constitué une infraction;

d) utilise une carte de crédit qu’il sait annulée,

est coupable :

e) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

f) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Compétence

(2) Le prévenu qui est inculpé d’une infraction visée au paragraphe (1) peut être jugé et puni par un tribunal compétent pour juger cette infraction à l’endroit où l’infraction est présumée avoir été commise ou à l’endroit où le prévenu est trouvé, arrêté ou gardé; toutefois, si cet endroit se trouve à l’extérieur de la province où l’infraction est présumée avoir été commise, aucune procédure relative à cette infraction ne doit y être engagée sans le consentement du procureur général de cette province.

Utilisation non autorisée de données relatives à une carte de crédit

(3) Quiconque, frauduleusement et sans apparence de droit, a en sa possession ou utilise des données, authentiques ou non, relatives à une carte de crédit, notamment un authentifiant personnel, qui permettraient l’utilisation de celle-ci ou l’obtention de services liés à son utilisation, fait le trafic de ces données ou permet à une autre personne de les utiliser est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Définitions

(4) Les définitions qui suivent s’appliquent au présent article.

« authentifiant personnel »

“personal authentication information”

« authentifiant personnel » Numéro d’identification personnel ou tout autre mot de passe ou renseignement créé ou adopté par le titulaire d’une carte de crédit qui sert à confirmer l’identité du titulaire à l’égard de sa carte de crédit.

« trafic »

“traffic”

« trafic » S’entend, relativement à une carte de crédit ou aux données afférentes, de la vente, de l’exportation du Canada, de l’importation au Canada ou de la distribution, ou de tout autre mode de disposition.

L.R. (1985), ch. C-46, art. 342; L.R. (1985), ch. 27 (1er suppl.), art. 44 et 185(F); 1997, ch. 18, art. 16; 2009, ch. 28, art. 4.

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Instruments — copie de données relatives à une carte de crédit, ou fabrication ou falsification de cartes de crédit

342.01 (1) Est coupable soit d’un acte criminel passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sans justification ou excuse légitime, fabrique, répare, achète, vend, exporte du Canada, importe au Canada ou a en sa possession quelque instrument, dispositif, appareil, matière ou chose qu’il sait utilisé, modifié ou destiné à l’une ou l’autre des fins suivantes :

a) copier des données relatives à une carte de crédit devant servir à la commission d’une infraction visée au paragraphe 342(3);

b) falsifier des cartes de crédit ou en fabriquer des fausses.

Confiscation

(2) Lorsqu’une personne est déclarée coupable d’une infraction prévue au paragraphe (1), tout instrument, appareil, matière ou chose au moyen duquel l’infraction a été commise ou dont la possession a constitué l’infraction peut, en plus de toute peine applicable en l’espèce, être par ordonnance confisqué au profit de Sa Majesté, après quoi il peut en être disposé conformément aux instructions du procureur général.

Restriction

(3) Aucune ordonnance de confiscation ne peut être rendue en vertu du paragraphe (2) relativement à une chose qui est la propriété d’une personne qui n’a pas participé à l’infraction.

1997, ch. 18, art. 17; 2009, ch. 28, art. 5.

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Utilisation non autorisée d’ordinateur

342.1 (1) Quiconque, frauduleusement et sans apparence de droit :

a) directement ou indirectement, obtient des services d’ordinateur;

b) au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, directement ou indirectement, intercepte ou fait intercepter toute fonction d’un ordinateur;

c) directement ou indirectement, utilise ou fait utiliser un ordinateur dans l’intention de commettre une infraction prévue à l’alinéa a) ou b) ou une infraction prévue à l’article 430 concernant des données ou un ordinateur;

d) a en sa possession ou utilise un mot de passe d’ordinateur qui permettrait la perpétration des infractions prévues aux alinéas a), b) ou c), ou en fait le trafic ou permet à une autre personne de l’utiliser,

est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Définitions

(2) Les définitions qui suivent s’appliquent au présent article.

« dispositif électromagnétique, acoustique, mécanique ou autre »

“electro-magnetic, acoustic, mechanical or other device”

« dispositif électromagnétique, acoustique, mécanique ou autre » Tout dispositif ou appareil utilisé ou pouvant être utilisé pour intercepter une fonction d’un ordinateur, à l’exclusion d’un appareil de correction auditive utilisé pour améliorer, sans dépasser la normale, l’audition de l’utilisateur lorsqu’elle est inférieure à la normale.

« données »

“data”

« données » Représentations d’informations ou de concepts qui sont préparés ou l’ont été de façon à pouvoir être utilisés dans un ordinateur.

« fonction »

“function”

« fonction » S’entend notamment des fonctions logiques, arithmétiques, des fonctions de commande et de suppression, des fonctions de mémorisation et de recouvrement ou de relevé des données de même que des fonctions de communication ou de télécommunication de données à destination, à partir d’un ordinateur ou à l’intérieur de celui-ci.

« intercepter »

“intercept”

« intercepter » S’entend notamment du fait d’écouter ou d’enregistrer une fonction d’un ordinateur ou de prendre connaissance de sa substance, de son sens ou de son objet.

« mot de passe »

“computer password”

« mot de passe » Donnée permettant d’utiliser un ordinateur ou d’obtenir des services d’ordinateur.

« ordinateur »

“computer system”

« ordinateur » Dispositif ou ensemble de dispositifs connectés ou reliés les uns aux autres, dont l’un ou plusieurs d’entre eux :

a) contiennent des programmes d’ordinateur ou d’autres données;

b) conformément à des programmes d’ordinateur :

(i) soit exécutent des fonctions logiques et de commande,

(ii) soit peuvent exécuter toute autre fonction.

« programme d’ordinateur »

“computer program”

« programme d’ordinateur » Ensemble de données qui représentent des instructions ou des relevés et qui, lorsque traités par l’ordinateur, lui font remplir une fonction.

« service d’ordinateur »

“computer service”

« service d’ordinateur » S’entend notamment du traitement des données de même que de la mémorisation et du recouvrement ou du relevé des données.

« trafic »

“traffic”

« trafic » Le fait de vendre, d’exporter du Canada, d’importer au Canada ou de distribuer un mot de passe, ou d’en disposer de quelque autre façon.

L.R. (1985), ch. 27 (1er suppl.), art. 45; 1997, ch. 18, art. 18.

Possession de moyens permettant d’utiliser un service d’ordinateur

342.2 (1) Quiconque, sans justification ou excuse légitime, fabrique, possède, vend, offre en vente ou écoule des instruments, ou des pièces de ceux-ci, particulièrement utiles à la commission d’une infraction prévue à l’article 342.1, dans des circonstances qui permettent de conclure raisonnablement qu’ils ont été utilisés, sont destinés ou étaient destinés à la commission d’une telle infraction, est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Confiscation

(2) Lorsqu’une personne est déclarée coupable d’une infraction prévue au paragraphe (1), tout instrument au moyen duquel l’infraction a été commise ou dont la possession a constitué l’infraction peut, en plus de toute peine applicable en l’espèce, être par ordonnance confisqué au profit de Sa Majesté, après quoi il peut en être disposé conformément aux instructions du procureur général.

Restriction

(3) Aucune ordonnance de confiscation ne peut être rendue en vertu du paragraphe (2) relativement à une chose qui est la propriété d’une personne qui n’a pas participé à l’infraction.

1997, ch. 18, art. 19.

Vol qualifié et extorsion Vol qualifié

343. Commet un vol qualifié quiconque, selon le cas :

a) vole et, pour extorquer la chose volée ou empêcher ou maîtriser toute résistance au vol, emploie la violence ou des menaces de violence contre une personne ou des biens;

b) vole quelqu’un et, au moment où il vole, ou immédiatement avant ou après, blesse, bat ou frappe cette personne ou se porte à des actes de violence contre elle;

c) se livre à des voies de fait sur une personne avec l’intention de la voler;

d) vole une personne alors qu’il est muni d’une arme offensive ou d’une imitation d’une telle arme.

S.R., ch. C-34, art. 302.

Peine

344. (1) Quiconque commet un vol qualifié est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, de l’emprisonnement à perpétuité, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

Récidive

(2) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (1)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1 ou 346, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(3) Pour l’application du paragraphe (2), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

L.R. (1985), ch. C-46, art. 344; 1995, ch. 39, art. 149; 2008, ch. 6, art. 32; 2009, ch. 22, art. 14.

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Fait d’arrêter la poste avec intention de vol

345. Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque arrête un transport du courrier avec l’intention de le voler ou de le fouiller.

S.R., ch. C-34, art. 304.

Extorsion

346. (1) Commet une extorsion quiconque, sans justification ou excuse raisonnable et avec l’intention d’obtenir quelque chose, par menaces, accusations ou violence, induit ou tente d’induire une personne, que ce soit ou non la personne menacée ou accusée, ou celle contre qui la violence est exercée, à accomplir ou à faire accomplir quelque chose.

Peine

(1.1) Quiconque commet une extorsion est coupable d’un acte criminel passible :

a) s’il y a usage d’une arme à feu à autorisation restreinte ou d’une arme à feu prohibée lors de la perpétration de l’infraction, ou s’il y a usage d’une arme à feu lors de la perpétration de l’infraction et que celle-ci est perpétrée au profit ou sous la direction d’une organisation criminelle ou en association avec elle, de l’emprisonnement à perpétuité, la peine minimale étant :

(i) de cinq ans, dans le cas d’une première infraction,

(ii) de sept ans, en cas de récidive;

a.1) dans les autres cas où il y a usage d’une arme à feu lors de la perpétration de l’infraction, de l’emprisonnement à perpétuité, la peine minimale étant de quatre ans;

b) dans les autres cas, de l’emprisonnement à perpétuité.

Récidive

(1.2) Lorsqu’il s’agit de décider, pour l’application de l’alinéa (1.1)a), si la personne déclarée coupable se trouve en état de récidive, il est tenu compte de toute condamnation antérieure à l’égard :

a) d’une infraction prévue au présent article;

b) d’une infraction prévue aux paragraphes 85(1) ou (2) ou aux articles 244 ou 244.2;

c) d’une infraction prévue aux articles 220, 236, 239, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1 ou 344, s’il y a usage d’une arme à feu lors de la perpétration de l’infraction.

Toutefois, il n’est pas tenu compte des condamnations précédant de plus de dix ans la condamnation à l’égard de laquelle la peine doit être déterminée, compte non tenu du temps passé sous garde.

Précision relative aux condamnations antérieures

(1.3) Pour l’application du paragraphe (1.2), il est tenu compte de l’ordre des déclarations de culpabilité et non de l’ordre de perpétration des infractions, ni du fait qu’une infraction a été commise avant ou après une déclaration de culpabilité.

Réserve

(2) Une menace d’intenter des procédures civiles n’est pas une menace pour l’application du présent article.

L.R. (1985), ch. C-46, art. 346; L.R. (1985), ch. 27 (1er suppl.), art. 46; 1995, ch. 39, art. 150; 2008, ch. 6, art. 33; 2009, ch. 22, art. 15.

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Taux d’intérêt criminel Taux d’intérêt criminel

347. (1) Malgré toute autre loi fédérale, quiconque conclut une convention ou une entente pour percevoir des intérêts à un taux criminel ou perçoit, même partiellement, des intérêts à un taux criminel est coupable :

   

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de 25 000 $ et d’un emprisonnement maximal de six mois, ou de l’une de ces peines.

Définitions

(2) Les définitions qui suivent s’appliquent au présent article.

« capital prêté »

“credit advanced”

« capital prêté » L’ensemble des sommes d’argent et de la valeur pécuniaire globale de tous biens, services ou prestations effectivement prêtés ou qui doivent l’être dans le cadre d’une convention ou d’une entente, déduction faite, le cas échéant, du dépôt de garantie et des honoraires, agios, commissions, pénalités, indemnités et autres frais similaires résultant directement ou indirectement de la convention initiale ou de toute convention annexe.

« dépôt de garantie »

“required deposit balance”

« dépôt de garantie » La somme déterminée ou déterminable dont le dépôt ou le placement par l’emprunteur ou pour son compte est exigé comme une condition de la convention ou de l’entente de prêt, et destinée à revenir au prêteur en cas de défaillance de l’emprunteur.

« frais d’assurance »

“insurance charge”

« frais d’assurance » Le coût de l’assurance du risque assumé ou devant être assumé par le prêteur, assurance dont la garantie ne peut dépasser le capital prêté.

« frais pour découvert de compte »

“overdraft charge”

« frais pour découvert de compte » Les frais, d’un maximum de cinq dollars, payables lorsqu’un compte est à découvert ou lorsqu’il y a aggravation de ce découvert, et perçus soit par une caisse populaire ou credit union groupant uniquement ou principalement des personnes physiques, soit par un établissement recevant des fonds en dépôt, lesquels sont

entièrement ou partiellement garantis par la Société d’assurance-dépôts du Canada ou par la Régie de l’assurance-dépôts du Québec.

« intérêt »

“interest”

« intérêt » L’ensemble des frais de tous genres, y compris les agios, commissions, pénalités et indemnités, qui sont payés ou payables à qui que ce soit par l’emprunteur ou pour son compte, en contrepartie du capital prêté ou à prêter. La présente définition exclut un remboursement de capital prêté, les frais d’assurance, les taxes officielles, les frais pour découvert de compte, le dépôt de garantie et, dans le cas d’un prêt hypothécaire, les sommes destinées à l’acquittement de l’impôt foncier.

« taux criminel »

“criminal rate”

« taux criminel » Tout taux d’intérêt annuel effectif, appliqué au capital prêté et calculé conformément aux règles et pratiques actuarielles généralement admises, qui dépasse soixante pour cent.

« taxe officielle »

“official fee”

« taxe officielle » La taxe perçue, en vertu d’une loi, par une administration pour valider les sûretés consenties dans une convention ou une entente de prêt.

Présomption

(3) Quiconque reçoit paiement, total ou partiel, d’intérêts à un taux criminel est présumé connaître, jusqu’à preuve du contraire, l’objet du paiement et le caractère criminel de celui-ci.

Preuve du taux annuel effectif

(4) Dans toute poursuite intentée en vertu du présent article, l’attestation du taux annuel effectif applicable à un capital prêté, fait foi jusqu’à preuve du contraire si elle est faite par un Fellow de l’Institut canadien des actuaires avec chiffres et éléments justificatifs à l’appui; il n’est pas nécessaire de prouver l’authenticité de la signature qui y est apposée ou la qualité officielle du signataire.

Préavis

(5) L’attestation visée au paragraphe (4) n’est admissible en preuve que si la partie qui entend la produire donne de son intention à l’accusé ou au défendeur un préavis suffisant accompagné d’une copie de l’attestation.

Contre-interrogatoire de l’actuaire

(6) L’accusé ou le défendeur contre lequel est produite l’attestation visée au paragraphe (4) peut, sur autorisation du tribunal saisi, exiger la comparution de l’actuaire aux fins du contre-interrogatoire.

Autorisation des poursuites

(7) Il ne peut être engagé de poursuites pour une infraction prévue au présent article sans le consentement du procureur général.

Domaine d’application

(8) Le présent article ne s’applique pas aux opérations régies par la Loi sur la cession du droit au remboursement en matière d’impôt.

L.R. (1985), ch. C-46, art. 347; 1992, ch. 1, art. 60(F); 2007, ch. 9, art. 1.

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Définitions

347.1 (1) Les définitions qui suivent s’appliquent au paragraphe (2).

« intérêts »

“interest”

« intérêts » S’entend au sens du paragraphe 347(2).

« prêt sur salaire »

“payday loan”

« prêt sur salaire » Opération par laquelle une somme d’argent est prêtée en échange d’un chèque postdaté, d’une autorisation de prélèvement automatique ou de paiement futur de même nature et à l’égard de laquelle ne sont fournis aucun cautionnement ni autre sûreté sur des biens ou autorisation pour découvert de compte; sont toutefois exclus les prêts sur gage ou sur marge, les lignes de crédit et les cartes de crédit.

Application

   

(2) L’article 347 et l’article 2 de la Loi sur l’intérêt ne s’appliquent pas à la personne — autre qu’une institution financière au sens des alinéas a) à d) de la définition de « institution financière » à l’article 2 de la Loi sur les banques — qui a conclu une convention de prêt sur salaire pour percevoir des intérêts ou qui a perçu des intérêts au titre de cette convention, si les conditions suivantes sont réunies :

a) la somme d’argent prêtée en vertu de la convention est d’au plus 1 500 $ et la durée de celle-ci est d’au plus soixante-deux jours;

b) la personne est titulaire d’une licence ou de toute autre forme d’autorisation expresse délivrée sous le régime des lois de la province lui permettant de conclure cette convention;

c) la province est désignée en vertu du paragraphe (3).

Désignation d’une province

(3) Le gouverneur en conseil, à la demande du lieutenant-gouverneur en conseil de toute province, désigne par décret cette dernière pour l’application du présent article, à condition que celle-ci ait adopté des mesures législatives qui protègent les bénéficiaires de prêts sur salaire et qui fixent un plafond au coût total des prêts.

Révocation

(4) Le gouverneur en conseil révoque par décret la désignation faite en vertu du paragraphe (3) à la demande du lieutenant-gouverneur en conseil de la province en cause ou lorsque les mesures législatives visées à ce paragraphe ne sont plus en vigueur.

2007, ch. 9, art. 2.

Introduction par effraction Introduction par effraction dans un dessein criminel

348. (1) Quiconque, selon le cas :

a) s’introduit en un endroit par effraction avec l’intention d’y commettre un acte criminel;

b) s’introduit en un endroit par effraction et y commet un acte criminel;

c) sort d’un endroit par effraction :

(i) soit après y avoir commis un acte criminel,

(ii) soit après s’y être introduit avec l’intention d’y commettre un acte criminel,

est coupable :

d) soit d’un acte criminel passible de l’emprisonnement à perpétuité, si l’infraction est commise relativement à une maison d’habitation;

e) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire si l’infraction est commise relativement à un endroit autre qu’une maison d’habitation.

Présomptions

(2) Aux fins de poursuites engagées en vertu du présent article, la preuve qu’un accusé :

a) s’est introduit dans un endroit par effraction ou a tenté de le faire constitue, en l’absence de preuve contraire, une preuve qu’il s’y est introduit par effraction ou a tenté de le faire, selon le cas, avec l’intention d’y commettre un acte criminel;

b) est sorti d’un endroit par effraction, fait preuve, en l’absence de toute preuve contraire, qu’il en est sorti par effraction :

(i) soit après y avoir commis un acte criminel,

(ii) soit après s’y être introduit avec l’intention d’y commettre un acte criminel.

Définition de « endroit »

(3) Pour l’application du présent article et de l’article 351, « endroit » désigne, selon le cas :

a) une maison d’habitation;

b) un bâtiment ou une construction, ou toute partie de bâtiment ou de construction, autre qu’une maison d’habitation;

c) un véhicule de chemin de fer, un navire, un aéronef ou une remorque;

d) un parc ou enclos où des animaux à fourrure sont gardés en captivité pour fins d’élevage ou de commerce.

L.R. (1985), ch. C-46, art. 348; L.R. (1985), ch. 27 (1er suppl.), art. 47; 1997, ch. 18, art. 20.

Circonstance aggravante — invasion de domicile

348.1 Le tribunal qui détermine la peine à infliger à la personne déclarée coupable d’une infraction prévue aux articles 98 ou 98.1, au paragraphe 279(2) ou aux articles 343, 346

ou 348 à l’égard d’une maison d’habitation est tenu de considérer comme une circonstance aggravante le fait que la maison d’habitation était occupée au moment de la perpétration de l’infraction et que cette personne, en commettant l’infraction :

a) savait que la maison d’habitation était occupée, ou ne s’en souciait pas;

b) a employé la violence ou des menaces de violence contre une personne ou des biens.

2002, ch. 13, art. 15; 2008, ch. 6, art. 34.

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Présence illégale dans une maison d’habitation

349. (1) Est coupable soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans, soit d’une infraction punissable sur déclaration sommaire de culpabilité quiconque, sans excuse légitime, dont la preuve lui incombe, s’introduit ou se trouve dans une maison d’habitation avec l’intention d’y commettre un acte criminel.

Présomption

(2) Aux fins des poursuites engagées en vertu du présent article, la preuve qu’un prévenu, sans excuse légitime, s’est introduit ou s’est trouvé dans une maison d’habitation fait preuve, en l’absence de toute preuve contraire, qu’il s’y est introduit ou s’y est trouvé avec l’intention d’y commettre un acte criminel.

L.R. (1985), ch. C-46, art. 349; 1997, ch. 18, art. 21.

Introduction

350. Pour l’application des articles 348 et 349 :

a) une personne s’introduit dès qu’une partie de son corps ou une partie d’un instrument qu’elle emploie se trouve à l’intérieur de toute chose qui fait l’objet de l’introduction;

b) une personne est réputée s’être introduite par effraction dans les cas suivants :

(i) elle a obtenu entrée au moyen d’une menace ou d’un artifice ou de collusion avec une personne se trouvant à l’intérieur,

(ii) elle s’est introduite sans justification ou excuse légitime, dont la preuve lui incombe, par une ouverture permanente ou temporaire.

S.R., ch. C-34, art. 308.

Possession d’outils de cambriolage

351. (1) Quiconque, sans excuse légitime dont la preuve lui incombe, a en sa possession un instrument pouvant servir à pénétrer par effraction dans un endroit, un véhicule à moteur, une chambre-forte ou un coffre-fort dans des circonstances qui donnent raisonnablement lieu de conclure que l’instrument a été utilisé ou est destiné ou a été destiné à être utilisé à cette fin est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Déguisement dans un dessein criminel

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, dans l’intention de commettre un acte criminel, a la figure couverte d’un masque ou enduite de couleur ou est autrement déguisé.

L.R. (1985), ch. C-46, art. 351; L.R. (1985), ch. 27 (1er suppl.), art. 48; 2008, ch. 18, art. 9.

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Possession d’instruments pour forcer un appareil à sous ou un distributeur automatique de monnaie

352. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, sans excuse légitime, dont la preuve lui incombe, a en sa possession un instrument pouvant servir à forcer un appareil à sous ou un distributeur automatique de monnaie, dans des circonstances qui permettent raisonnablement de conclure qu’il a été utilisé, est destiné ou a été destiné à être utilisé à cette fin.

S.R., ch. C-34, art. 310; 1972, ch. 13, art. 26; 1974-75-76, ch. 93, art. 28.

Fait de vendre, etc. un passe-partout d’automobile

353. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) vend, offre en vente ou annonce dans une province un passe-partout d’automobile autrement que sous l’autorité d’une licence émise par le procureur général de cette province;

b) achète ou a en sa possession dans une province un passe-partout d’automobile autrement que sous l’autorité d’une licence émise par le procureur général de cette province.

Exception

(1.1) N’est pas coupable de l’infraction prévue au paragraphe (1) l’agent de police spécialement autorisé par le chef du service de police dont il fait partie à avoir en sa possession un passe-partout d’automobile pour l’accomplissement de ses fonctions.

Modalités d’une licence

(2) Une licence délivrée par le procureur général d’une province comme l’indiquent les alinéas (1)a) ou b) peut contenir les modalités que le procureur général de la province peut prescrire, relativement à la vente, à l’offre de vente, à l’annonce, à l’achat, à la possession ou à l’utilisation d’un passe-partout d’automobile.

Droits

(2.1) Le procureur général d’une province peut prescrire les droits à acquitter pour la délivrance ou le renouvellement d’une licence au titre du présent article.

Registre à tenir

(3) Quiconque vend un passe-partout d’automobile :

a) conserve un enregistrement de l’opération indiquant les nom et adresse de l’acheteur et les détails de la licence émise à l’acheteur comme l’indique l’alinéa (1)b);

b) présente cet enregistrement pour examen à la demande d’un agent de la paix.

Défaut de se conformer au par. (3)

(4) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque ne se conforme pas au paragraphe (3).

Définitions

(5) Les définitions qui suivent s’appliquent au présent article.

« licence »

“licence”

« licence » S’entend également de toute autre forme d’autorisation.

« passe-partout d’automobile »

“automobile master key”

« passe-partout d’automobile » S’entend notamment d’une clef, d’un crochet, d’une clef à levier ou de tout autre instrument conçu ou adapté pour faire fonctionner l’allumage ou d’autres commutateurs ou des serrures d’une série de véhicules à moteur.

L.R. (1985), ch. C-46, art. 353; 1997, ch. 18, art. 22.

Avoir en sa possession Possession de biens criminellement obtenus

354. (1) Commet une infraction quiconque a en sa possession un bien, une chose ou leur produit sachant que tout ou partie d’entre eux ont été obtenus ou proviennent directement ou indirectement :

a) soit de la perpétration, au Canada, d’une infraction punissable sur acte d’accusation;

b) soit d’un acte ou d’une omission en quelque endroit que ce soit, qui aurait constitué, s’il avait eu lieu au Canada, une infraction punissable sur acte d’accusation.

Possession d’un véhicule à moteur dont le numéro d’identification a été oblitéré

(2) Dans des poursuites engagées en vertu du paragraphe (1), la preuve qu’une personne a en sa possession un véhicule à moteur, ou toute pièce d’un tel véhicule, dont le numéro d’identification a été totalement ou partiellement enlevé ou oblitéré fait preuve, en l’absence de toute preuve contraire, du fait qu’ils ont été obtenus et de ce que cette personne sait qu’ils ont été obtenus :

a) soit par la perpétration, au Canada, d’une infraction punissable sur acte d’accusation;

b) soit par un acte ou une omission, en quelque endroit que ce soit, qui aurait constitué, s’il avait eu lieu au Canada, une infraction punissable sur acte d’accusation.

Définition de « numéro d’identification »

(3) Pour l’application du paragraphe (2), « numéro d’identification » désigne toute marque, notamment un numéro, apposée sur un véhicule à moteur dans le dessein de le distinguer des véhicules semblables.

Exception

(4) N’est pas coupable de l’infraction prévue au présent article l’agent de la paix ou la personne qui agit sous la direction d’un agent de la paix qui a en sa possession le bien ou la chose, ou leur produit, dans le cadre d’une enquête ou dans l’accomplissement de ses autres fonctions.

L.R. (1985), ch. C-46, art. 354; 1997, ch. 18, art. 23.

Peine

355. Quiconque commet une infraction visée à l’article 354 :

a) est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans, si l’objet de l’infraction est un titre testamentaire ou si la valeur de l’objet de l’infraction dépasse cinq mille dollars;

b) est coupable :

(i) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

si la valeur de l’objet de l’infraction ne dépasse pas cinq mille dollars.

L.R. (1985), ch. C-46, art. 355; L.R. (1985), ch. 27 (1er suppl.), art. 49; 1994, ch. 44, art. 21.

Vol de courrier

356. (1) Commet une infraction quiconque, selon le cas :

a) vole :

(i) soit une chose envoyée par la poste, après son dépôt à un bureau de poste et avant sa livraison, ou après sa livraison mais avant que son destinataire ou toute personne qu’il est raisonnable de considérer comme autorisée par lui à recevoir le courrier l’ait en sa possession,

(ii) soit un sac ou autre contenant ou couverture dans lequel le courrier est transporté, qu’ils contiennent ou non du courrier,

(iii) soit une clef correspondant à un cadenas ou à une serrure adoptés pour l’usage de la Société canadienne des postes;

a.1) dans l’intention de commettre une infraction prévue à l’alinéa a), fait, a en sa possession ou utilise une copie d’une clef correspondant à un cadenas ou à une serrure adoptés pour l’usage de la Société canadienne des postes ou d’une clef pouvant donner accès à un contenant ou dispositif prévu pour le dépôt du courrier;

b) a en sa possession une chose dont il sait qu’elle a servi à la perpétration d’une infraction prévue aux alinéas a) ou a.1) ou une chose à l’égard de laquelle il sait qu’une telle infraction a été commise;

c) réexpédie ou fait réexpédier frauduleusement une chose envoyée par la poste.

L’allégation de la valeur n’est pas nécessaire

(2) Dans des poursuites relatives à une infraction visée au présent article, il n’est pas nécessaire d’alléguer dans l’acte d’accusation ni de prouver, lors de l’instruction, qu’une chose à l’égard de laquelle l’infraction a été commise avait quelque valeur.

Peine

(3) Quiconque commet une infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 356; 2009, ch. 28, art. 6.

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Apporter au Canada des objets criminellement obtenus

357. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque apporte ou a au Canada une chose qu’il a obtenue à l’étranger au moyen d’un acte qui, s’il avait été commis au Canada, aurait constitué l’infraction de vol ou une infraction aux termes des articles 342 ou 354.

L.R. (1985), ch. C-46, art. 357; L.R. (1985), ch. 27 (1er suppl.), art. 50.

Possession

358. Pour l’application des articles 342 et 354 et de l’alinéa 356(1)b), l’infraction consistant à avoir en sa possession est consommée lorsqu’une personne a, seule ou conjointement avec une autre, la possession ou le contrôle d’une chose mentionnée dans ces articles ou lorsqu’elle aide à la cacher ou à en disposer, selon le cas.

L.R. (1985), ch. C-46, art. 358; L.R. (1985), ch. 27 (1er suppl.), art. 50.

Preuve

359. (1) Lorsqu’un prévenu est inculpé d’une infraction visée aux articles 342 ou 354 ou à l’alinéa 356(1)b), est admissible, à toute étape des procédures, une preuve établissant que des biens autres que ceux qui font l’objet des procédures :

a) d’une part, ont été trouvés en la possession du prévenu;

b) d’autre part, ont été volés dans les douze mois qui ont précédé le commencement des procédures,

et cette preuve peut être considérée pour établir que le prévenu savait que les biens qui font l’objet des procédures étaient des biens volés.

Avis au prévenu

(2) Le paragraphe (1) ne s’applique que dans le cas suivant :

a) est donné au prévenu un avis écrit d’au moins trois jours que, dans les procédures, on a l’intention de prouver que des biens, autres que ceux qui font l’objet des procédures, ont été trouvés en sa possession;

b) l’avis indique la nature ou désignation des biens et décrit la personne à qui ils auraient été volés.

L.R. (1985), ch. C-46, art. 359; L.R. (1985), ch. 27 (1er suppl.), art. 51.

Preuve d’une condamnation antérieure

360. (1) Lorsqu’un prévenu est inculpé d’une infraction visée à l’article 354 ou à l’alinéa 356(1)b) et qu’une preuve est apportée que l’objet qui a occasionné des procédures a été trouvé en sa possession, la preuve que le prévenu a, dans les cinq ans qui précèdent le commencement des procédures, été déclaré coupable d’une infraction comportant vol, ou d’une infraction aux termes de l’article 354, est admissible à toute étape des procédures et peut être considérée en vue d’établir que le prévenu savait que les biens qui font l’objet des procédures avaient été obtenus illégalement.

Avis au prévenu

(2) Le paragraphe (1) ne s’applique que s’il est donné au prévenu un avis écrit d’au moins trois jours que, dans les procédures, on a l’intention de prouver la déclaration antérieure de culpabilité.

S.R., ch. C-34, art. 318.

Escroquerie Définition de « faux semblant » ou « faux prétexte »

361. (1) L’expression « faux semblant » ou « faux prétexte » désigne une représentation d’un fait présent ou passé, par des mots ou autrement, que celui qui la fait sait être fausse, et qui est faite avec l’intention frauduleuse d’induire la personne à qui on l’adresse à agir d’après cette représentation.

Exagération

(2) Une louange ou dépréciation exagérée de la qualité d’une chose n’est pas un faux semblant, à moins qu’elle ne soit poussée au point d’équivaloir à une dénaturation frauduleuse des faits.

Question de fait

(3) Pour l’application du paragraphe (2), la question de savoir si une louange ou dépréciation équivaut à dénaturer frauduleusement les faits est une question de fait.

S.R., ch. C-34, art. 319.

Escroquerie : faux semblant ou fausse déclaration

362. (1) Commet une infraction quiconque, selon le cas :

a) par un faux semblant, soit directement, soit par l’intermédiaire d’un contrat obtenu par un faux semblant, obtient une chose à l’égard de laquelle l’infraction de vol peut être commise ou la fait livrer à une autre personne;

b) obtient du crédit par un faux semblant ou par fraude;

c) sciemment fait ou fait faire, directement ou indirectement, une fausse déclaration par écrit avec l’intention qu’on y ajoute foi, en ce qui regarde sa situation financière ou ses moyens ou sa capacité de payer, ou la situation financière, les moyens ou la capacité de payer de toute personne ou organisation dans laquelle il est intéressé ou pour laquelle il agit, en vue d’obtenir, sous quelque forme que ce soit, à son avantage ou pour le bénéfice de cette personne ou organisation :

(i) soit la livraison de biens meubles,

(ii) soit le paiement d’une somme d’argent,

(iii) soit l’octroi d’un prêt,

(iv) soit l’ouverture ou l’extension d’un crédit,

(v) soit l’escompte d’une valeur à recevoir,

(vi) soit la création, l’acceptation, l’escompte ou l’endossement d’une lettre de change, d’un chèque, d’une traite ou d’un billet à ordre;

d) sachant qu’une fausse déclaration par écrit a été faite concernant sa situation financière, ou ses moyens ou sa capacité de payer, ou la situation financière, les moyens ou la capacité de payer d’une autre personne ou organisation dans laquelle il est intéressé

ou pour laquelle il agit, obtient sur la foi de cette déclaration, à son avantage ou pour le bénéfice de cette personne ou organisation, une chose mentionnée aux sous-alinéas c)(i) à (vi).

Peine

(2) Quiconque commet une infraction visée à l’alinéa (1)a) :

a) est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans, si le bien obtenu est un titre testamentaire ou si la valeur de ce qui est obtenu dépasse cinq mille dollars;

b) est coupable :

(i) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

si la valeur de ce qui est obtenu ne dépasse pas cinq mille dollars.

Idem

(3) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque commet une infraction visée à l’alinéa (1)b), c) ou d).

Présomption découlant d’un chèque sans provision

(4) Lorsque, dans des poursuites engagées en vertu de l’alinéa (1)a), il est démontré que le prévenu a obtenu une chose au moyen d’un chèque qui, sur présentation au paiement dans un délai raisonnable, a subi un refus de paiement pour le motif qu’il n’y avait pas de provision ou de provision suffisante en dépôt au crédit du prévenu à la banque ou autre institution sur laquelle le chèque a été tiré, il est présumé que la chose a été obtenue par un faux semblant, sauf si la preuve établit, à la satisfaction du tribunal, que lorsque le prévenu a émis le chèque il avait des motifs raisonnables de croire que ce chèque serait honoré lors de la présentation au paiement dans un délai raisonnable après son émission.

Définition de « chèque »

(5) Au présent article, est assimilée à un chèque une lettre de change tirée sur toute institution où il est de pratique commerciale d’honorer les lettres de change de tout genre, tirées sur elle par ses déposants.

L.R. (1985), ch. C-46, art. 362; L.R. (1985), ch. 27 (1er suppl.), art. 52; 1994, ch. 44, art. 22; 2003, ch. 21, art. 5.

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Obtention par fraude de la signature d’une valeur

363. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, avec l’intention de frauder ou de léser une autre personne, par faux semblant, détermine ou induit une personne :

a) soit à signer, faire, accepter, endosser ou détruire la totalité ou toute partie d’une valeur;

b) soit à écrire, imprimer ou apposer un nom ou sceau sur tout papier ou parchemin afin qu’il puisse ensuite devenir une valeur ou être converti en valeur ou être utilisé ou traité comme valeur.

S.R., ch. C-34, art. 321.

Obtention frauduleuse d’aliments et de logement

364. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque frauduleusement obtient des aliments, des boissons ou d’autres commodités dans tout établissement qui en fait le commerce.

Présomption

(2) Dans des poursuites engagées en vertu du présent article, la preuve qu’un prévenu a obtenu des aliments, des boissons ou d’autres commodités dans un établissement qui en fait le commerce, n’a pas payé ces choses et, selon le cas :

a) a donné faussement à croire ou a feint qu’il possédait du bagage;

b) avait quelque faux ou prétendu bagage;

c) subrepticement a enlevé ou tenté d’enlever son bagage ou une partie importante de ce bagage;

d) a disparu ou a quitté subrepticement les lieux;

e) sciemment a fait une fausse déclaration afin d’obtenir du crédit ou du délai pour payer;

f) a offert un chèque, une traite ou un titre sans valeur en paiement des aliments, des boissons ou d’autres commodités,

constitue une preuve de fraude, en l’absence de toute preuve contraire.

Définition de « chèque »

(3) Au présent article, est assimilée à un chèque une lettre de change tirée sur toute institution où il est de pratique commerciale d’honorer les lettres de change de tout genre, tirées sur elle par ses déposants.

L.R. (1985), ch. C-46, art. 364; 1994, ch. 44, art. 23.

Affecter de pratiquer la magie, etc.

365. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque frauduleusement, selon le cas :

a) affecte d’exercer ou d’employer quelque magie, sorcellerie, enchantement ou conjuration;

b) entreprend, moyennant contrepartie, de dire la bonne aventure;

c) affecte par son habileté dans quelque science occulte ou magique, ou par ses connaissances d’une telle science, de pouvoir découvrir où et comment peut être retrouvée une chose supposée avoir été volée ou perdue.

S.R., ch. C-34, art. 323.

Faux et infractions similaires Faux

366. (1) Commet un faux quiconque fait un faux document le sachant faux, avec l’intention, selon le cas :

a) qu’il soit employé ou qu’on y donne suite, de quelque façon, comme authentique, au préjudice de quelqu’un, soit au Canada, soit à l’étranger;

b) d’engager quelqu’un, en lui faisant croire que ce document est authentique, à faire ou à s’abstenir de faire quelque chose, soit au Canada, soit à l’étranger.

Faux document

(2) Faire un faux document comprend :

a) l’altération, en quelque partie essentielle, d’un document authentique;

b) une addition essentielle à un document authentique, ou l’addition, à un tel document, d’une fausse date, attestation, sceau ou autre chose essentielle;

c) une altération essentielle dans un document authentique, soit par rature, oblitération ou enlèvement, soit autrement.

Quand le faux est consommé

(3) Le faux est consommé dès qu’un document est fait avec la connaissance et l’intention mentionnées au paragraphe (1), bien que la personne qui le fait n’ait pas l’intention qu’une personne en particulier s’en serve ou y donne suite comme authentique ou soit persuadée, le croyant authentique, de faire ou de s’abstenir de faire quelque chose.

Le faux est consommé même si le document est incomplet

(4) Le faux est consommé, bien que le document faux soit incomplet ou ne soit pas donné comme étant un document qui lie légalement, s’il est de nature à indiquer qu’on avait l’intention d’y faire donner suite comme authentique.

Exception

(5) Nul ne commet un faux du seul fait qu’il a fait de bonne foi un faux document à la demande des forces policières, des Forces canadiennes ou d’un ministère ou organisme public fédéral ou provincial.

L.R. (1985), ch. C-46, art. 366; 2009, ch. 28, art. 7.

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Peine

367. Quiconque commet un faux est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 367; 1994, ch. 44, art. 24; 1997, ch. 18, art. 24.

Emploi, possession ou trafic d’un document contrefait

368. (1) Commet une infraction quiconque, sachant ou croyant qu’un document est contrefait, selon le cas :

a) s’en sert, le traite ou agit à son égard comme s’il était authentique;

b) fait ou tente de faire accomplir l’un des actes prévus à l’alinéa a), comme s’il était authentique;

c) le transmet, le vend, l’offre en vente ou le rend accessible à toute personne, sachant qu’une infraction prévue aux alinéas a) ou b) sera commise ou ne se souciant pas de savoir si tel sera le cas;

d) l’a en sa possession dans l’intention de commettre une infraction prévue à l’un des alinéas a) à c).

Peine

(1.1) Quiconque commet une infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Où qu’il soit fabriqué

(2) Aux fins des poursuites engagées en vertu du présent article, l’endroit où un document a été contrefait est sans conséquence.

L.R. (1985), ch. C-46, art. 368; 1992, ch. 1, art. 60(F); 1997, ch. 18, art. 25; 2009, ch. 28, art. 8.

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Instruments pour commettre un faux

368.1 Est coupable soit d’un acte criminel passible d’un emprisonnement maximal de quatorze ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sans autorisation ni excuse légitime, fabrique, répare, achète, vend, exporte du Canada ou importe au Canada ou a en sa possession quelque instrument, dispositif, appareil, matière ou chose dont il sait qu’il a été utilisé ou modifié pour la commission d’un faux ou qu’il est destiné à cette fin.

2009, ch. 28, art. 9.

Exemption : fonctionnaire public dans le cadre de ses fonctions

368.2 Le fonctionnaire public, au sens du paragraphe 25.1(1), ne peut être reconnu coupable d’une infraction prévue à l’un des articles 366 à 368.1 si les actes qui constitueraient l’infraction ont été accomplis dans le seul but d’établir ou de préserver une identité cachée pour son utilisation dans le cadre de ses fonctions ou de son emploi.

2009, ch. 28, art. 9.

Papier de bons du Trésor, sceaux publics, etc.

369. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, sans autorisation ni excuse légitime, selon le cas :

a) fait, utilise ou a en sa possession :

(i) soit du papier de bons du Trésor, papier du revenu ou papier employé pour billets de banque,

(ii) soit du papier destiné à ressembler à tout papier mentionné au sous-alinéa (i);

b) fait, reproduit ou utilise un sceau public du Canada ou d’une province, le sceau d’un organisme public ou d’une autorité publique au Canada ou celui d’un tribunal judiciaire.

L.R. (1985), ch. C-46, art. 369; 2009, ch. 28, art. 9.

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Proclamation contrefaite, etc.

370. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque sciemment, selon le cas :

a) imprime le texte ou un avis d’une proclamation, d’un décret, d’un arrêté, d’un règlement ou d’une nomination et fait faussement paraître ce texte ou cet avis comme ayant été imprimé par l’imprimeur de la Reine pour le Canada ou l’imprimeur de la Reine pour une province;

b) présente en preuve un exemplaire d’une proclamation, d’un décret, d’un arrêté, d’un règlement ou d’une nomination faussement donné comme ayant été imprimé par l’imprimeur de la Reine pour le Canada ou l’imprimeur de la Reine pour une province.

S.R., ch. C-34, art. 328.

Envoi de télégrammes, etc. sous un faux nom

371. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, avec l’intention de frauder, fait en sorte ou obtient qu’un télégramme, un câblogramme ou un message radiophonique soit expédié ou livré comme si l’envoi en était autorisé par une autre personne, sachant que cette autre personne n’en a pas autorisé l’envoi, et dans le dessein qu’il soit donné suite au message comme s’il était expédié avec l’autorisation de cette personne.

S.R., ch. C-34, art. 329.

Faux messages

372. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, avec l’intention de nuire à quelqu’un ou de l’alarmer, transmet ou

fait en sorte ou obtient que soit transmis, par lettre, télégramme, téléphone, câble, radio ou autrement, des renseignements qu’il sait être faux.

Propos indécents au téléphone

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, avec l’intention d’alarmer ou d’ennuyer quelqu’un, lui tient au cours d’un appel téléphonique des propos indécents.

Appels téléphoniques harassants

(3) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sans excuse légitime et avec l’intention de harasser quelqu’un, lui fait ou fait en sorte qu’il lui soit fait des appels téléphoniques répétés.

S.R., ch. C-34, art. 330.

373. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 53]

Rédaction non autorisée d’un document

374. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) avec l’intention de frauder et sans autorisation légitime, fait, souscrit, rédige, signe, accepte ou endosse un document au nom ou pour le compte d’une autre personne, par procuration ou autrement;

b) utilise ou met en circulation un document sachant qu’il a été fait, souscrit, signé, accepté ou endossé avec l’intention de frauder et sans autorisation légitime, au nom ou pour le compte d’une autre personne, par procuration ou autrement.

S.R., ch. C-34, art. 332.

Obtenir, etc. au moyen d’un instrument fondé sur un document contrefait

375. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque demande formellement, reçoit ou obtient une chose ou fait livrer ou payer à quelqu’un une chose au moyen ou en vertu d’un instrument émis sous l’autorité de la loi, sachant que l’instrument est fondé sur un document contrefait.

S.R., ch. C-34, art. 333.

Contrefaçon de timbres, etc.

376. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) frauduleusement emploie, mutile, appose, enlève ou contrefait un timbre ou une partie de timbre;

b) sciemment et sans excuse légitime, dont la preuve lui incombe, a en sa possession :

(i) ou bien un timbre contrefait ou un timbre qui a été frauduleusement mutilé,

(ii) ou bien quelque chose portant un timbre dont une partie a été frauduleusement effacée, enlevée ou cachée;

c) sans excuse légitime, dont la preuve lui incombe, fait ou sciemment a en sa possession une matrice ou un instrument capable d’effectuer l’impression d’un timbre ou d’une partie de timbre.

Contrefaçon d’une marque

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, sans autorisation légitime, selon le cas :

a) fait une marque;

b) vend ou expose en vente ou a en sa possession une marque contrefaite;

c) appose une marque sur une chose qui, d’après la loi, doit être marquée, estampillée, scellée ou enveloppée, autre que la chose sur laquelle la marque était originairement apposée ou était destinée à l’être;

d) appose une marque contrefaite sur une chose qui, d’après la loi, doit être marquée, estampillée, scellée ou enveloppée.

Définitions

(3) Les définitions qui suivent s’appliquent au présent article.

« marque »

“mark”

« marque » Marque, signe, sceau, enveloppe ou dessin employé par ou pour :

a) le gouvernement du Canada ou d’une province;

b) le gouvernement d’un État étranger;

c) un ministère, un office, un bureau, un conseil, une commission, un agent ou un mandataire créé par un gouvernement mentionné à l’alinéa a) ou b) à l’égard du service ou des affaires de ce gouvernement.

« timbre »

“stamp”

« timbre » Timbre imprimé ou gommé employé à des fins de revenu par le gouvernement du Canada ou d’une province ou par le gouvernement d’un État étranger.

S.R., ch. C-34, art. 334.

Documents endommagés

377. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque illégalement, selon le cas :

a) détruit, maquille ou détériore un registre ou toute partie d’un registre de naissances, baptêmes, mariages, décès ou sépultures que la loi oblige ou autorise à tenir au Canada, ou une copie ou toute partie d’une copie de ce registre que la loi prescrit de transmettre à un registrateur ou autre fonctionnaire;

b) insère ou fait insérer, dans un registre ou une copie que mentionne l’alinéa a), une inscription qu’il sait être fausse au sujet d’une naissance, d’un baptême, d’un mariage, d’un décès ou d’une sépulture, ou efface de ce registre ou de cette copie toute partie essentielle;

c) détruit, endommage ou oblitère, ou fait détruire, endommager ou oblitérer un document d’élection;

d) opère ou fait opérer une rature, une altération ou une interlinéation dans un document d’élection ou sur un tel document.

Définition de « document d’élection »

(2) Au présent article, « document d’élection » s’entend de tout document ou écrit émis sous l’autorité d’une loi fédérale ou provinciale relativement à une élection tenue sous l’autorité d’une telle loi.

S.R., ch. C-34, art. 335.

Infractions relatives aux registres

378. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) ayant, d’après la loi, l’autorisation ou l’obligation de faire ou d’émettre une copie ou un extrait d’un registre, dossier ou document, ou un certificat y relatif, attestés conformes, sciemment fait ou émet une fausse copie ou un faux extrait ou certificat attestés conformes;

b) n’ayant, d’après la loi, ni l’autorisation ni l’obligation de faire ou d’émettre une copie ou un extrait d’un registre, dossier ou document, ou un certificat y relatif, attestés conformes, frauduleusement fait ou émet une copie, un extrait ou certificat donné comme étant attesté selon une autorisation ou une prescription de la loi;

c) ayant, d’après la loi, l’autorisation ou l’obligation de faire un certificat ou une déclaration concernant tout détail requis pour permettre d’opérer des inscriptions dans un registre, dossier ou document, sciemment et faussement fait le certificat ou la déclaration.

S.R., ch. C-34, art. 336.

PARTIE X

OPÉRATIONS FRAUDULEUSES EN MATIÈRE DE CONTRATS ET DE COMMERCE Définitions Définitions

379. Les définitions qui suivent s’appliquent à la présente partie.

« bons-primes »

“trading stamps”

« bons-primes » Toute forme de récépissé d’espèces, reçu, coupon, billet de prime, ou autre objet destiné à être donné à l’acheteur de marchandises par le vendeur ou en son nom, et à représenter un rabais sur le prix des marchandises ou une prime à l’acheteur et qui, selon le cas :

a) est rachetable par les personnes suivantes :

(i) toute personne autre que le vendeur, la personne de qui le vendeur a acheté les marchandises, ou le fabricant des marchandises,

(ii) le vendeur, la personne de qui le vendeur a acheté les marchandises ou le fabricant des marchandises, en espèces ou en marchandises qui ne sont pas en tout ou en partie sa propriété,

(iii) le vendeur ailleurs que dans le local où les marchandises ont été achetées;

b) n’indique pas à sa face l’endroit où il est délivré ni sa valeur marchande;

c) n’est pas rachetable sur demande, à tout moment.

Toutefois, une offre, mentionnée par le fabricant sur une enveloppe ou un contenant dans lequel les marchandises sont vendues, d’une prime ou d’une récompense pour le renvoi au fabricant de cette enveloppe ou de ce contenant, ne constitue pas un bon-prime.

« marchandises »

“goods”

« marchandises » Toute chose qui fait l’objet d’un commerce.

S.R., ch. C-34, art. 337.

Fraude Fraude

380. (1) Quiconque, par supercherie, mensonge ou autre moyen dolosif, constituant ou non un faux semblant au sens de la présente loi, frustre le public ou toute personne, déterminée ou non, de quelque bien, service, argent ou valeur :

a) est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans, si l’objet de l’infraction est un titre testamentaire ou si la valeur de l’objet de l’infraction dépasse cinq mille dollars;

b) est coupable :

(i) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

si la valeur de l’objet de l’infraction ne dépasse pas cinq mille dollars.

Influence sur le marché public

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, par supercherie, mensonge ou autre moyen dolosif, constituant ou non un faux semblant au sens de la présente loi, avec l’intention de frauder, influe sur la cote publique des stocks, actions, marchandises ou toute chose offerte en vente au public.

L.R. (1985), ch. C-46, art. 380; L.R. (1985), ch. 27 (1er suppl.), art. 54; 1994, ch. 44, art. 25; 1997, ch. 18, art. 26; 2004, ch. 3, art. 2.

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Détermination de la peine : circonstances aggravantes

380.1 (1) Sans que soit limitée la portée générale de l’article 718.2, lorsque le tribunal détermine la peine à infliger à l’égard d’une infraction prévue aux articles 380, 382, 382.1 ou 400, les faits ci-après constituent des circonstances aggravantes :

a) la fraude commise a une valeur supérieure à un million de dollars;

b) l’infraction a nui — ou pouvait nuire — à la stabilité de l’économie canadienne, du système financier canadien ou des marchés financiers au Canada ou à la confiance des investisseurs dans un marché financier au Canada;

c) l’infraction a causé des dommages à un nombre élevé de victimes;

d) le délinquant a indûment tiré parti de la réputation d’intégrité dont il jouissait dans la collectivité.

Circonstances atténuantes

(2) Le tribunal ne prend pas en considération à titre de circonstances atténuantes l’emploi qu’occupe le délinquant, ses compétences professionnelles ni son statut ou sa réputation dans la collectivité, si ces facteurs ont contribué à la perpétration de l’infraction, ont été utilisés pour la commettre ou y étaient liés.

2004, ch. 3, art. 3.

Emploi de la poste pour frauder

381. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque se sert de la poste pour transmettre ou livrer des lettres ou circulaires concernant des projets conçus ou formés pour leurrer ou frauder le public, ou dans le dessein d’obtenir de l’argent par de faux semblants.

S.R., ch. C-34, art. 339.

Manipulations frauduleuses d’opérations boursières

382. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, par l’intermédiaire des facilités d’une bourse de valeurs, d’un curb market ou d’une autre bourse, avec l’intention de créer une apparence fausse ou trompeuse de négociation publique active d’une valeur mobilière, ou avec l’intention de créer une apparence fausse ou trompeuse quant au prix courant d’une valeur mobilière, selon le cas :

a) fait une opération sur cette valeur qui n’entraîne aucun changement dans la propriété bénéficiaire de cette valeur;

b) passe un ordre pour l’achat de la valeur, sachant qu’un ordre sensiblement de même importance, à une époque sensiblement la même et à un prix sensiblement semblable pour la vente de la valeur, a été ou sera passé par ou pour les mêmes personnes ou des personnes différentes;

c) passe un ordre pour la vente de la valeur, sachant qu’un ordre sensiblement de même importance, à une époque sensiblement la même et à un prix sensiblement semblable pour l’achat de la valeur, a été ou sera passé par ou pour les mêmes personnes ou des personnes différentes.

L.R. (1985), ch. C-46, art. 382; 2004, ch. 3, art. 4.

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Délit d’initié

382.1 (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans la personne qui, même indirectement, vend ou achète des valeurs mobilières en utilisant sciemment des renseignements confidentiels que, selon le cas :

a) elle détient à titre d’actionnaire de l’émetteur des valeurs mobilières en cause;

b) elle détient ou a obtenus dans le cadre de ses activités professionnelles auprès de l’émetteur;

c) elle détient ou a obtenus à l’occasion d’une proposition — prise de contrôle, réorganisation, fusion ou regroupement similaire d’entreprises — concernant l’émetteur;

d) elle détient ou a obtenus dans le cadre de son emploi, de sa charge ou de ses fonctions auprès de l’émetteur ou de toute personne visée à l’un ou l’autre des alinéas a) à c);

e) elle a obtenus auprès d’une personne qui les détient ou les a obtenus dans les circonstances visées à l’un ou l’autre des alinéas a) à d).

Communication de renseignements confidentiels

(2) Quiconque communique sciemment à une autre personne — exception faite de la communication nécessaire dans le cadre de ses activités professionnelles — des renseignements confidentiels qu’il détient ou a obtenus d’une façon mentionnée au paragraphe (1), sachant qu’ils seront vraisemblablement utilisés pour acheter ou vendre, même indirectement, les valeurs mobilières en cause ou qu’elle les communiquera vraisemblablement à d’autres personnes qui pourront en acheter ou en vendre, est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Précision

(3) Il demeure entendu que tout acte accompli en conformité avec une loi ou un règlement fédéral ou provincial applicable à l’acte — ou en vertu d’une telle loi ou d’un tel règlement — ou tout acte qu’ils n’interdisent pas ne peut constituer une infraction prévue au présent article.

Définition de « renseignements confidentiels »

(4) Pour l’application du présent article, « renseignements confidentiels » s’entend des renseignements qui concernent un émetteur de valeurs mobilières ou les valeurs mobilières qu’il a émises ou se propose d’émettre et qui, à la fois :

a) n’ont pas été préalablement divulgués;

b) peuvent être raisonnablement considérés comme susceptibles d’avoir une influence importante sur la valeur ou le prix des valeurs de l’émetteur.

2004, ch. 3, art. 5.

Agiotage sur les actions ou marchandises

383. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, dans le dessein de réaliser un gain ou profit par la hausse ou la baisse des actions d’une compagnie ou entreprise constituée ou non en personne morale, soit au Canada, soit à l’étranger, ou d’effets, de denrées ou de marchandises, selon le cas :

a) conclut ou signe, ou donne l’autorisation de conclure ou de signer, un marché ou une convention, oral ou écrit, censé porter sur l’achat ou la vente d’actions ou d’effets, de denrées ou de marchandises, sans avoir de bonne foi l’intention d’acquérir ou de vendre, selon le cas, ces actions, effets, denrées ou marchandises;

b) conclut ou signe, ou donne l’autorisation de conclure ou de signer, un marché ou une convention, oral ou écrit, censé porter sur la vente ou l’achat d’actions ou d’effets, de denrées ou de marchandises, à l’égard desquels aucune livraison de la chose vendue ou achetée n’est opérée ou reçue, et sans avoir de bonne foi l’intention de les livrer ou d’en recevoir livraison, selon le cas.

Le présent article ne s’applique pas lorsqu’un courtier, au nom d’un acheteur, reçoit livraison, même si le courtier garde ou engage ce qui est livré, en garantie de l’avance du prix d’achat ou d’une partie de ce prix.

Fardeau de la preuve

(2) Lorsque, dans des poursuites engagées en vertu du présent article, il est établi que le prévenu a conclu ou signé un marché ou une convention pour la vente ou l’achat d’actions ou d’effets, de denrées ou de marchandises, ou qu’il a participé, aidé ou incité à la conclusion ou signature d’un tel marché ou d’une telle convention, la preuve de la bonne foi de son intention d’acquérir ou de vendre ces actions, effets, denrées ou marchandises, ou de les livrer ou d’en recevoir livraison, selon le cas, incombe au prévenu.

S.R., ch. C-34, art. 341.

Courtier réduisant le nombre d’actions en vendant pour son propre compte

384. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans toute personne qui, étant un particulier, ou un membre ou employé d’une société de personnes, ou un administrateur, dirigeant ou employé d’une personne morale, lorsque cette personne ou la société ou personne morale est employée comme courtier, par tout client, en vue d’acheter et de porter sur marge des actions d’une compagnie ou entreprise constituée en personne morale ou non, soit au Canada, soit à l’étranger, par la suite vend ou fait vendre des actions de cette compagnie ou entreprise pour tout compte dans lequel :

a) ou bien cette personne, ou sa firme ou un de ses associés;

b) ou bien la personne morale ou un de ses administrateurs,

a un intérêt direct ou indirect, si cette vente a pour effet, d’une autre manière qu’inintentionnellement, de réduire la quantité de ces actions entre les mains du courtier ou sous son contrôle, dans le cours ordinaire des affaires, au-dessous de la quantité des actions que le courtier devrait porter pour tous les clients.

S.R., ch. C-34, art. 342.

Cacher frauduleusement des titres

385. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, étant vendeur ou débiteur hypothécaire d’un bien ou d’un droit incorporel, ou un procureur ou agent d’un tel vendeur ou débiteur hypothécaire, et ayant reçu formellement une demande écrite de fournir un extrait de titre par l’acquéreur ou par le créancier hypothécaire, ou au nom de l’acquéreur ou du créancier hypothécaire, avant que l’achat ou l’hypothèque soit complété, selon le cas :

a) avec l’intention de frauder l’acquéreur ou le créancier hypothécaire, et afin de l’induire à accepter le titre qui lui est offert ou présenté, lui cache tout contrat de constitution, acte, testament ou autre pièce essentielle au titre, ou toute charge sur le titre;

b) falsifie toute généalogie dont dépend le titre.

Consentement requis

(2) Il ne peut être engagé de poursuites en vertu du présent article sans le consentement du procureur général.

S.R., ch. C-34, art. 343.

Enregistrement frauduleux de titre

386. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, en qualité de commettant ou d’agent, dans une procédure pour enregistrer le titre d’un bien immeuble ou dans une opération relative à un bien immeuble qui est enregistré ou dont l’enregistrement est projeté, sciemment et avec l’intention de tromper, selon le cas :

a) fait une fausse énonciation ou représentation essentielle;

b) supprime, ou cache à un juge ou registrateur ou à un employé ou assistant du registrateur, tout document, fait, matière ou renseignement essentiel;

c) contribue à faire une chose mentionnée à l’alinéa a) ou b).

S.R., ch. C-34, art. 344.

Vente frauduleuse d’un bien immeuble

387. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, étant au fait d’une vente antérieure non enregistrée ou de quelque concession, hypothèque, privilège ou charge existants et non enregistrés, concernant un bien immeuble, frauduleusement vend la totalité ou toute partie de ce bien.

S.R., ch. C-34, art. 345.

Reçu destiné à tromper

388. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, volontairement, selon le cas :

a) avec l’intention de tromper ou de frauder une personne ou de lui causer un préjudice, que cette personne lui soit connue ou non, donne à quelqu’un un écrit censé un reçu ou un récépissé de biens à lui livrés ou par lui reçus avant que les biens y mentionnés lui aient été livrés ou qu’il les ait reçus;

b) accepte, transmet ou emploie un prétendu reçu ou récépissé auquel s’applique l’alinéa a).

S.R., ch. C-34, art. 346.

Aliénation frauduleuse de marchandises sur lesquelles on a avancé de l’argent

389. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) ayant expédié ou livré au gardien d’un entrepôt ou à un facteur, agent ou voiturier, une chose sur laquelle le consignataire a avancé des deniers ou donné une valeur, dispose ensuite de cette chose, avec l’intention de tromper, de frauder ou de léser le consignataire, d’une manière différente d’une convention faite à cet égard entre lui et le consignataire, et incompatible avec cette convention;

b) sciemment et volontairement aide ou assiste une personne à disposer d’une chose que vise l’alinéa a) dans le dessein de tromper, frauder ou léser le consignataire.

Réserve

(2) Nul n’est coupable d’une infraction aux termes du présent article si, avant de disposer de quelque chose d’une manière différente d’une convention faite à cet égard entre lui et le consignataire, et incompatible avec cette convention, il rembourse ou offre au consignataire le plein montant de la somme d’argent ou de la valeur que ce consignataire a avancée.

S.R., ch. C-34, art. 347.

Reçus frauduleux sous le régime de la Loi sur les banques

390. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) volontairement fait un faux énoncé dans un reçu, certificat ou récépissé pour une chose qui peut servir à une fin mentionnée dans la Loi sur les banques;

b) volontairement :

(i) soit après avoir donné à une autre personne,

(ii) soit après qu’une personne par lui employée a donné, d’après sa connaissance, à une autre personne,

(iii) soit après avoir obtenu et endossé ou transporté à une autre personne,

un reçu, certificat ou récépissé pour une chose pouvant servir à une fin mentionnée dans la Loi sur les banques, sans le consentement écrit du détenteur ou endossataire ou la production et la livraison du reçu, certificat ou récépissé, aliène le bien mentionné dans le reçu, certificat ou récépissé, ou s’en dessaisit ou ne le livre pas au détenteur ou propriétaire.

S.R., ch. C-34, art. 348.

391. [Abrogé, 2003, ch. 21, art. 6]

Version précédente

Aliénation de biens avec l’intention de frauder des créanciers

392. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) avec l’intention de frauder ses créanciers :

(i) soit fait ou fait faire quelque don, transport, cession, vente, transfert ou remise de ses biens,

(ii) soit enlève ou cache un de ses biens, ou s’en défait;

b) dans le dessein qu’une personne quelconque fraude ses créanciers, reçoit un bien au moyen ou à l’égard duquel une infraction a été commise aux termes de l’alinéa a).

S.R., ch. C-34, art. 350.

Fraude en matière de prix de passage, etc.

393. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, étant chargé de percevoir un prix de passage, un péage, un billet ou un droit d’entrée, volontairement :

a) omet de le percevoir;

b) perçoit moins que le montant régulièrement payable;

c) accepte une contrepartie valable pour omettre de le percevoir ou pour percevoir moins que le montant régulièrement payable.

Idem

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque donne ou offre à une personne chargée de percevoir un prix de passage, un péage, un billet ou un droit d’entrée, une contrepartie valable :

a) pour qu’elle omette de le percevoir;

b) pour qu’elle perçoive moins que le montant régulièrement payable.

Obtention frauduleuse de transport

(3) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, par un faux semblant ou une fraude, obtient illégalement le transport par voie de terre, par eau ou par la voie des airs.

S.R., ch. C-34, art. 351.

Fraudes relatives aux minéraux précieux

394. (1) Le détenteur d’un bail ou d’un permis délivrés soit sous le régime d’une loi concernant l’extraction de minéraux précieux, soit par le propriétaire de terrains censés en contenir :

a) ne peut frustrer ou tenter de frustrer, par fraude ou supercherie, une personne :

(i) de minéraux précieux obtenus ou réservés au titre du bail ou du permis,

(ii) de deniers, choses ou considérations payables à l’égard de minéraux précieux obtenus ou de droits réservés au titre du bail ou du permis;

b) ne peut frauduleusement cacher la quantité de minéraux précieux obtenue au titre du bail ou du permis ou faire une fausse déclaration à cet égard.

Vente de minéraux précieux

(2) Nul ne peut vendre des minéraux précieux non raffinés, partiellement raffinés, non taillés ou non traités, à moins d’en être le propriétaire, d’être l’agent de celui-ci ou d’agir avec une autorisation légitime.

Achat de minéraux précieux

(3) Nul ne peut acheter des minéraux précieux non raffinés, partiellement raffinés, non taillés ou non traités à une personne dont il a des motifs de croire qu’elle n’en est pas le propriétaire, n’est pas l’agent de celui-ci ou n’agit pas avec une autorisation légitime.

Présomption

(4) Dans toute procédure touchant aux paragraphes (2) ou (3) :

a) la personne qui a vendu des minéraux précieux est réputée, en l’absence de preuve contraire soulevant un doute raisonnable, ne pas en avoir été le propriétaire, ne pas avoir été l’agent de celui-ci ou ne pas avoir agi avec une autorisation légitime;

b) la personne qui a acheté des minéraux précieux est réputée, en l’absence de preuve contraire soulevant un doute raisonnable, avoir eu, lors de l’achat, des motifs de croire que le vendeur n’en était pas le propriétaire, n’était pas l’agent de celui-ci ou n’agissait pas avec une autorisation légitime.

Infraction

(5) Quiconque contrevient aux paragraphes (1), (2) ou (3) est coupable d’un acte criminel passible d’un emprisonnement maximal de cinq ans.

Confiscation

(6) Lorsqu’une personne est déclarée coupable d’une infraction visée au présent article, le tribunal peut ordonner que toute chose au moyen ou à l’égard de laquelle l’infraction a été commise soit, sur cette déclaration de culpabilité, confisquée au profit de Sa Majesté.

Restriction

(7) Le paragraphe (6) ne s’applique pas aux biens immeubles, sauf s’ils ont été construits ou ont subi d’importantes modifications en vue de faciliter la perpétration d’une infraction visée au présent article.

L.R. (1985), ch. C-46, art. 394; L.R. (1985), ch. 27 (1er suppl.), art. 186; 1999, ch. 5, art. 10.

Possession de minéraux précieux volés ou obtenus illégalement

394.1 (1) Nul ne peut avoir en sa possession des minéraux précieux non raffinés, partiellement raffinés, non taillés ou non traités qui ont été volés ou ont fait l’objet d’une infraction visée à l’article 394.

Preuve

(2) Le fait qu’il y ait des motifs raisonnables de croire que des minéraux précieux ont été volés ou ont fait l’objet d’une infraction visée à l’article 394 constitue, en l’absence de preuve contraire soulevant un doute raisonnable, la preuve qu’ils l’ont été ou ont fait l’objet de cette infraction.

Infraction

(3) Quiconque contrevient au paragraphe (1) commet un acte criminel passible d’un emprisonnement maximal de cinq ans.

Confiscation

(4) Lorsqu’une personne est déclarée coupable d’une infraction visée au présent article, le tribunal peut ordonner que toute chose au moyen ou à l’égard de laquelle l’infraction a été commise soit, sur cette déclaration de culpabilité, confisquée au profit de Sa Majesté.

Restriction

(5) Le paragraphe (4) ne s’applique pas aux biens immeubles, sauf s’ils ont été construits ou ont subi d’importantes modifications en vue de faciliter la perpétration de l’infraction visée au paragraphe (3).

1999, ch. 5, art. 10.

Perquisition pour minéraux précieux

395. (1) Lorsqu’une dénonciation écrite est faite sous serment devant un juge de paix par un agent de la paix ou un fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale et que le juge de paix est convaincu qu’il existe des motifs raisonnables de croire que des minéraux précieux sont, en contravention de la présente loi ou de toute autre loi fédérale, déposés dans un endroit ou détenus par une personne, celui-ci peut décerner un mandat autorisant un agent de la paix ou le fonctionnaire public qui y est nommé à perquisitionner dans tout endroit ou à fouiller toute personne que mentionne la dénonciation.

Pouvoir de saisir

(2) Lorsque la perquisition fait découvrir une chose mentionnée au paragraphe (1), cette chose doit être saisie et apportée devant le juge de paix, qui doit ordonner :

a) qu’elle soit détenue aux fins d’une enquête ou d’un procès;

b) si elle n’est pas détenue aux fins d’une enquête ou d’un procès :

(i) qu’elle soit rendue au propriétaire,

(ii) qu’elle soit confisquée au profit de Sa Majesté du chef de la province où les procédures ont lieu, si le propriétaire ne peut pas être déterminé.

Appel

(3) Appel peut être interjeté d’une ordonnance rendue sous le régime de l’alinéa (2)b) de la manière dont un appel peut être interjeté dans les poursuites en déclaration de culpabilité par procédure sommaire prévues à la partie XXVII, et les dispositions de cette partie relatives aux appels s’appliquent aux appels interjetés en vertu du présent paragraphe.

L.R. (1985), ch. C-46, art. 395; 1999, ch. 5, art. 11.

Infractions relatives aux mines

396. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque, selon le cas :

a) ajoute quoi que ce soit à une mine, un claim minier ou un puits de pétrole existant ou en perspective, ou en soustrait quelque chose, avec l’intention frauduleuse d’influencer le résultat d’un essai, d’une épreuve ou d’une évaluation faite ou à faire au sujet de la mine, du claim minier ou du puits de pétrole;

b) ajoute quoi que ce soit à un échantillon ou une matière qui a été, est ou doit être prélevé d’une mine, d’un claim minier ou d’un puits de pétrole existant ou en perspective, aux fins d’essai, d’épreuve ou autre évaluation, ou en soustrait quelque chose, ou altère cet échantillon ou cette matière, avec l’intention frauduleuse d’influencer le résultat de l’essai, de l’épreuve ou de l’évaluation.

Présomption

(2) Aux fins des poursuites engagées en vertu du paragraphe (1), la preuve, selon le cas :

a) qu’une chose a été ajoutée à l’un des objets visés par le paragraphe (1), ou en a été enlevée;

b) qu’il y a eu altération d’une chose visée par le paragraphe (1),

constitue, en l’absence de toute preuve contraire, une preuve de l’intention frauduleuse d’influencer le résultat d’un essai, d’une épreuve ou d’une évaluation.

S.R., ch. C-34, art. 354.

Falsification de livres et documents Livres et documents

397. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, avec l’intention de frauder, selon le cas :

a) détruit, mutile, altère ou falsifie tout livre, papier, écrit, valeur ou document, ou y fait une fausse inscription;

b) omet un détail essentiel d’un livre, papier, écrit, valeur ou document, ou y altère un détail essentiel.

Pour frauder ses créanciers

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, avec l’intention de frauder ses créanciers, contribue à l’accomplissement d’une infraction visée au paragraphe (1).

S.R., ch. C-34, art. 355.

Falsifier un registre d’emploi

398. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, avec l’intention d’induire en erreur, falsifie un registre d’emploi par un moyen quelconque, y compris le poinçonnage d’une pointeuse.

L.R. (1985), ch. C-46, art. 398; 1992, ch. 1, art. 60(F).

Faux relevé fourni par un fonctionnaire public

399. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, étant chargé de la réception, garde ou gestion de quelque partie des revenus publics, fournit sciemment un faux état ou relevé :

a) soit de deniers perçus par lui ou confiés à sa garde;

b) soit de tout solde de deniers entre ses mains ou sous son contrôle.

S.R., ch. C-34, art. 357.

Faux prospectus, etc.

400. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque fait, met en circulation ou publie un prospectus, état ou compte, soit écrit, soit oral, qu’il sait être faux en quelque point essentiel, avec l’intention, selon le cas :

a) d’induire des personnes, qu’elles soient particulièrement visées ou non, à devenir actionnaires ou associés d’une compagnie;

b) de tromper ou de frauder les membres, actionnaires ou créanciers d’une compagnie, particulièrement visés ou non;

c) d’induire qui que ce soit, selon le cas :

(i) à confier ou à avancer quelque chose à une compagnie,

(ii) à contracter une garantie pour le bénéfice d’une compagnie.

d) [Abrogé, 1994, ch. 44, art. 26]

Définition de « compagnie »

(2) Au présent article, « compagnie » désigne un syndicat, une personne morale ou une compagnie, en existence ou dont la création est projetée.

L.R. (1985), ch. C-46, art. 400; 1994, ch. 44, art. 26.

Obtention de transport par faux connaissement

401. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, par une représentation fausse ou trompeuse, sciemment obtient ou tente d’obtenir qu’une personne transporte, dans un pays, une province, un district ou un autre endroit, au Canada ou à l’étranger, une chose dont l’importation ou le transport est illicite dans les circonstances de l’espèce.

Confiscation

(2) Lorsqu’une personne est déclarée coupable d’une infraction visée au paragraphe (1), sur cette déclaration de culpabilité, en sus de toute peine imposée, la chose au moyen ou à l’égard de laquelle l’infraction a été commise est confisquée au profit de Sa Majesté, et il doit en être disposé selon que le tribunal l’ordonne.

S.R., ch. C-34, art. 359.

Omission par un commerçant de tenir des comptes

402. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, étant commerçant ou en affaires, à la fois :

a) est endetté pour un montant de plus de mille dollars;

b) est incapable de payer intégralement ses créanciers;

c) n’a pas tenu les livres de compte qui, dans le cours ordinaire du commerce ou de l’entreprise qu’il exerce, sont nécessaires pour montrer ou expliquer ses opérations.

Réserve

(2) Nul ne peut être déclaré coupable d’une infraction visée au présent article lorsque, selon le cas :

a) à la satisfaction du tribunal ou du juge :

(i) d’une part, il rend compte de ses pertes,

(ii) d’autre part, il démontre que son omission de tenir des livres n’était pas destinée à frauder ses créanciers;

b) son omission de tenir des livres s’est produite plus de cinq ans avant le jour où il est devenu incapable de payer intégralement ses créanciers.

S.R., ch. C-34, art. 360.

Vol d’identité et fraude à l’identité Définition de « renseignement identificateur »

402.1 Pour l’application des articles 402.2 et 403, « renseignement identificateur » s’entend de tout renseignement — y compris un renseignement biologique ou physiologique — d’un type qui est ordinairement utilisé, seul ou avec d’autres renseignements, pour identifier ou pour viser à identifier une personne physique, notamment empreinte digitale ou vocale, image de la rétine ou de l’iris, profil de l’ADN, nom, adresse, date de naissance, signature manuscrite, électronique ou numérique, code d’usager, numéro de carte de crédit ou de débit, numéro de compte d’une institution financière, numéro de passeport, numéro d’assurance sociale, d’assurance-maladie ou de permis de conduire ou mot de passe.

2009, ch. 28, art. 10.

Vol d’identité

402.2 (1) Commet une infraction quiconque, sciemment, obtient ou a en sa possession des renseignements identificateurs sur une autre personne dans des circonstances qui permettent de conclure raisonnablement qu’ils seront utilisés dans l’intention de commettre un acte criminel dont l’un des éléments constitutifs est la fraude, la supercherie ou le mensonge.

Trafic de renseignements identificateurs

(2) Commet une infraction quiconque transmet, rend accessible, distribue, vend ou offre en vente, ou a en sa possession à une telle fin, des renseignements identificateurs sur une autre personne sachant qu’ils seront utilisés pour commettre un acte criminel dont l’un

des éléments constitutifs est la fraude, la supercherie ou le mensonge ou ne se souciant pas de savoir si tel sera le cas.

Clarification

(3) Pour l’application des paragraphes (1) et (2), les actes criminels en question sont, notamment, ceux prévus aux articles suivants :

a) l’article 57 (faux ou usage de faux en matière de passeport);

b) l’article 58 (emploi frauduleux d’un certificat de citoyenneté);

c) l’article 130 (prétendre faussement être un agent de la paix);

d) l’article 131 (parjure);

e) l’article 342 (vol, falsification, etc. de cartes de crédit);

f) l’article 362 (escroquerie : faux semblant ou fausse déclaration);

g) l’article 366 (faux);

h) l’article 368 (emploi, possession ou trafic d’un document contrefait);

i) l’article 380 (fraude);

j) l’article 403 (fraude à l’identité).

Compétence

(4) Le prévenu qui est inculpé d’une infraction prévue aux paragraphes (1) ou (2) peut être jugé et puni par tout tribunal compétent au lieu où l’infraction est présumée avoir été commise ou au lieu où le prévenu est trouvé, arrêté ou gardé; toutefois, aucune procédure relative à l’infraction ne peut être engagée dans une province, sans le consentement du procureur général de cette province, si l’infraction est présumée avoir été commise à l’extérieur de cette province.

Peine

(5) Quiconque commet une infraction prévue aux paragraphes (1) ou (2) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

2009, ch. 28, art. 10.

Fraude à l’identité

403. (1) Commet une infraction quiconque, frauduleusement, se fait passer pour une autre personne, vivante ou morte :

a) soit avec l’intention d’obtenir un avantage pour lui-même ou pour une autre personne;

b) soit avec l’intention d’obtenir un bien ou un intérêt sur un bien;

c) soit avec l’intention de causer un désavantage à la personne pour laquelle il se fait passer, ou à une autre personne;

d) soit avec l’intention d’éviter une arrestation ou une poursuite, ou d’entraver, de détourner ou de contrecarrer le cours de la justice.

Clarification

(2) Pour l’application du paragraphe (1), se fait passer pour une autre personne quiconque prétend être celle-ci ou utilise comme s’il se rapportait à lui tout renseignement identificateur ayant trait à elle, que ce renseignement soit utilisé seul ou en conjonction avec d’autres renseignements identificateurs relatifs à toute personne.

Peine

(3) Quiconque commet une infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 403; 1994, ch. 44, art. 27; 2009, ch. 28, art. 10.

Version précédente

Représenter faussement un autre à un examen

404. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, faussement, avec l’intention d’acquérir un avantage pour lui-même ou pour une autre personne, se fait passer pour un candidat à un examen de concours ou d’aptitudes tenu en vertu de la loi ou relativement à une université, un collège ou une école, ou sciemment tire parti du résultat de cette supposition de personne.

S.R., ch. C-34, art. 362.

Reconnaissance d’un instrument sous un faux nom

405. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, sans autorisation ou excuse légitime, dont la preuve lui incombe, reconnaît au nom d’un autre devant un tribunal, un juge ou une autre personne autorisée à recevoir une telle reconnaissance, un engagement de caution, une confession de jugement, un consentement à jugement ou un jugement, acte ou autre instrument.

S.R., ch. C-34, art. 363.

Contrefaçon de marques de commerce et de désignations de fabrique Contrefaçon d’une marque de commerce

406. Pour l’application de la présente partie, contrefait une marque de commerce quiconque, selon le cas :

a) sans le consentement du propriétaire de la marque de commerce, fait ou reproduit de quelque manière cette marque ou une marque lui ressemblant au point d’être conçue de manière à induire en erreur;

b) falsifie, de quelque manière, une marque de commerce authentique.

S.R., ch. C-34, art. 364.

Infraction

407. Commet une infraction quiconque contrefait une marque de commerce, avec l’intention de tromper ou de frauder le public ou toute personne, déterminée ou non.

S.R., ch. C-34, art. 365.

Substitution

408. Commet une infraction quiconque, avec l’intention de tromper ou de frauder le public ou toute personne, déterminée ou non, selon le cas :

a) passe d’autres marchandises ou services pour et contre les marchandises et services qui ont été commandés ou requis;

b) utilise, à l’égard de marchandises ou services, une désignation qui est fausse sous un rapport essentiel en ce qui concerne :

(i) soit la nature, la qualité, la quantité ou la composition,

(ii) soit l’origine géographique,

(iii) soit le mode de fabrication, de production ou de réalisation,

de ces marchandises ou services.

L.R. (1985), ch. C-46, art. 408; 1992, ch. 1, art. 60(F).

Instruments pour contrefaire une marque de commerce

409. (1) Commet une infraction quiconque fait, a en sa possession ou aliène tout poinçon, matrice, machine ou autre instrument destiné à être employé pour contrefaire une marque de commerce, ou conçu à cette fin.

Réserve

(2) Nul ne peut être déclaré coupable d’une infraction visée au présent article s’il prouve qu’il a agi de bonne foi dans le cours ordinaire de son commerce ou emploi.

S.R., ch. C-34, art. 367.

Autres infractions relatives aux marques de commerce

410. Commet une infraction quiconque, avec l’intention de tromper ou de frauder, selon le cas :

a) maquille, cache ou enlève de quelque chose une marque de commerce ou le nom d’une autre personne sans le consentement de cette dernière;

b) étant un fabricant, marchand, négociant ou embouteilleur, remplit de breuvage, lait, sous-produit du lait ou autre produit liquide aux fins de la vente ou du commerce, une bouteille ou un siphon portant la marque de commerce ou le nom d’une autre personne, sans le consentement de cette dernière.

S.R., ch. C-34, art. 368.

Vente de marchandises utilisées sans indication

411. Commet une infraction quiconque vend, expose ou a en sa possession pour la vente, ou annonce en vente, des marchandises qui ont été utilisées, reconditionnées ou refaites et qui portent la marque de commerce ou le nom commercial d’une autre personne, sans pleinement divulguer que les marchandises ont été reconditionnées, reconstruites ou refaites pour la vente et qu’elles ne sont pas alors dans l’état où elles ont été originairement faites ou produites.

S.R., ch. C-34, art. 369.

Peine

412. (1) Quiconque commet une infraction visée à l’article 407, 408, 409, 410 ou 411 est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Confiscation

(2) Lorsqu’une personne est déclarée coupable d’une infraction visée à l’article 407, 408, 409, 410 ou 411, toute chose au moyen ou à l’égard de laquelle l’infraction a été commise est confisquée, à moins que le tribunal n’en ordonne autrement.

S.R., ch. C-34, art. 370.

Se réclamer faussement d’un brevet de fournisseur de Sa Majesté

413. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque représente faussement que des marchandises sont fabriquées par une personne détenant un brevet royal, ou pour le service de Sa Majesté, d’un membre de la famille royale ou d’un ministère public.

S.R., ch. C-34, art. 371.

Présomption reposant sur le port d’expédition

414. Lorsque, dans des procédures engagées en vertu de la présente partie, la prétendue infraction concerne des marchandises importées, la preuve que les marchandises ont été expédiées au Canada, de l’étranger, constitue, en l’absence de toute preuve contraire, une preuve que les marchandises ont été faites ou produites dans le pays d’où elles ont été expédiées.

S.R., ch. C-34, art. 372.

Épaves Infractions relatives aux épaves

415. Quiconque, selon le cas :

a) cache une épave, ou maquille ou oblitère les marques que porte une épave, ou prend tout moyen pour cacher ou déguiser le fait qu’une chose est une épave, ou de toute manière dissimule le caractère d’épave, à une personne qui a le droit d’enquêter sur l’épave;

b) reçoit une épave, sachant que c’est une épave, d’une personne autre que le propriétaire de cette épave ou un receveur des épaves et n’en informe pas dans les quarante-huit heures le receveur des épaves;

c) offre en vente une épave ou prend à son égard toute autre mesure, sachant que c’est une épave, sans avoir une autorisation légitime pour agir ainsi;

d) garde en sa possession une épave, sachant que c’est une épave, sans autorisation légitime de la garder, pendant plus de temps qu’il n’en faut raisonnablement pour la remettre au receveur des épaves;

e) aborde un navire naufragé, échoué ou en détresse, contre la volonté du capitaine, à moins d’être un receveur des épaves ou une personne agissant sous les ordres d’un receveur des épaves,

est coupable :

f) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

g) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 373.

Approvisionnements publics Marques distinctives sur approvisionnements publics

416. Le gouverneur en conseil peut, au moyen d’un avis à publier dans la Gazette du Canada, prescrire des marques distinctives propres à être employées sur les approvisionnements publics afin d’indiquer le droit de propriété de Sa Majesté à l’égard de ces approvisionnements, qu’ils appartiennent à Sa Majesté du chef du Canada ou de tout autre chef.

S.R., ch. C-34, art. 374.

Application ou enlèvement de marques sans autorisation

417. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, selon le cas :

a) sans autorisation légitime, dont la preuve lui incombe, applique sur quoi que ce soit une marque distinctive;

b) avec l’intention de dissimuler le droit de propriété de Sa Majesté sur des approvisionnements publics, enlève, détruit ou oblitère, en totalité ou en partie, une marque distinctive.

Opérations illicites à l’égard d’approvisionnements publics

(2) Quiconque, sans autorisation légitime, dont la preuve lui incombe, reçoit, a en sa possession, garde, vend ou livre des approvisionnements publics qu’il sait porter une marque distinctive, est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Définition de « marque distinctive »

(3) Pour l’application du présent article, « marque distinctive » s’entend d’une marque distinctive propre à être employée sur des approvisionnements publics selon l’article 416.

S.R., ch. C-34, art. 375.

Vente d’approvisionnements défectueux à Sa Majesté

418. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque sciemment vend ou livre des approvisionnements défectueux à Sa Majesté ou commet une fraude en ce qui concerne la vente, la location ou la livraison d’approvisionnements à Sa Majesté ou la fabrication d’approvisionnements pour Sa Majesté.

Infractions par l’agent d’une organisation

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, étant agent d’une organisation qui commet, par fraude, une infraction visée au paragraphe (1) :

a) sciemment participe à la fraude;

b) sait ou a des raisons de soupçonner que la fraude est commise ou l’a été ou est sur le point de l’être, et n’en informe pas le gouvernement responsable de Sa Majesté ou un ministère de ce gouvernement.

L.R. (1985), ch. C-46, art. 418; 2003, ch. 21, art. 6.1.

Version précédente

Emploi illégitime d’uniformes ou certificats militaires

419. Quiconque, sans autorisation légitime, dont la preuve lui incombe, selon le cas :

a) porte un uniforme des Forces canadiennes ou d’autres forces navales, forces de l’armée ou forces aériennes ou un uniforme qui ressemble à celui de l’une de ces forces au point d’être pris vraisemblablement pour ce dernier;

b) porte une marque distinctive concernant des blessures reçues ou du service accompli dans une guerre, ou une médaille, un ruban, un insigne ou un chevron militaire, ou toute décoration ou ordre accordé pour services de guerre, ou une imitation de ce qui précède, ou toute marque, tout emblème ou toute chose susceptible d’être prise pour l’une de ces distinctions honorifiques;

c) a en sa possession un certificat de libération, un certificat de licenciement, un état de services ou une carte d’identité des Forces canadiennes ou d’autres forces navales, forces de l’armée ou forces aériennes qui ne lui a pas été délivré et ne lui appartient pas;

d) a en sa possession une commission, un brevet ou un certificat de libération, un certificat de licenciement, un état de services ou une carte d’identité émise à un officier ou à une personne qui est ou a été dans les Forces canadiennes ou d’autres forces navales, forces de l’armée ou forces aériennes et portant une altération non attestée par les initiales de l’officier qui l’a émise, ou par les initiales d’un officier légalement autorisé à cet égard,

est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 377.

Approvisionnements militaires

420. (1) Quiconque achète, reçoit ou détient, d’un membre des Forces canadiennes ou d’un déserteur ou d’un absent sans permission de ces Forces, des approvisionnements militaires qui appartiennent à Sa Majesté ou dont le membre, le déserteur ou l’absent sans permission doit rendre compte à Sa Majesté, est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Exception

(2) Nul ne peut être déclaré coupable d’une infraction visée au présent article s’il établit qu’il ne savait pas et n’avait aucune raison de soupçonner que les approvisionnements militaires à l’égard desquels l’infraction a été commise appartenaient à Sa Majesté, ou étaient des approvisionnements militaires dont le membre, le déserteur ou l’absent sans permission devait rendre compte à Sa Majesté.

S.R., ch. C-34, art. 378.

Preuve d’enrôlement

421. (1) Dans des poursuites engagées en vertu des articles 417 à 420, la preuve qu’une personne, à quelque époque, remplissait des fonctions dans les Forces canadiennes constitue, en l’absence de toute preuve contraire, une preuve que son enrôlement dans les Forces canadiennes avant l’époque en question était régulier.

Présomption dans les cas où un accusé faisait le commerce d’approvisionnements

(2) Un prévenu inculpé d’une infraction visée au paragraphe 417(2) est présumé avoir su que les approvisionnements à l’égard desquels l’infraction aurait été commise portaient une marque distinctive, au sens de ce paragraphe, au moment où l’infraction aurait été commise, si, à cette époque, il était au service ou à l’emploi de Sa Majesté, ou était un commerçant de gréements de marine ou un marchand de vieux métaux.

S.R., ch. C-34, art. 379.

Violation de contrat, intimidation et distinction injuste envers les syndiqués Violation criminelle de contrat

422. (1) Quiconque, volontairement, viole un contrat, sachant ou ayant des motifs raisonnables de croire que les conséquences probables de son acte, qu’il agisse seul ou en liaison avec d’autres, seront, selon le cas :

a) de mettre en danger la vie humaine;

b) d’infliger des blessures corporelles graves;

c) d’exposer des biens de valeur, meubles ou immeubles, à une ruine totale ou à de graves dommages;

d) de priver les habitants d’une ville ou localité, ou de toute partie d’une ville ou localité, totalement ou dans une grande mesure, de leur approvisionnement de lumière, d’énergie, de gaz ou d’eau;

e) de retarder ou d’empêcher le service d’une locomotive, d’un tender, d’un convoi ou wagon de marchandises ou de voyageurs sur un chemin de fer qui est un voiturier public,

est coupable :

f) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

g) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Réserve

(2) Nul ne viole volontairement un contrat au sens du paragraphe (1) par le seul fait que, selon le cas :

a) étant au service d’un employeur, il cesse de travailler par suite du défaut, de la part de son employeur et de lui-même, de s’entendre sur une question quelconque touchant son emploi;

b) étant membre d’une organisation d’employés formée en vue de régler les relations entre employeurs et employés, il cesse de travailler par suite du défaut, de la part de l’employeur et d’un agent négociateur agissant au nom de l’organisation, de s’entendre sur une question quelconque touchant l’emploi de membres de l’organisation,

si, avant la cessation du travail, toutes les mesures prévues par la loi quant au règlement de conflits industriels sont prises et si toute disposition en vue du règlement définitif de différends, sans cessation du travail, contenue ou censée, en vertu de la loi, être contenue dans une convention collective, est observée et exécutée.

Consentement requis

(3) Il ne peut être engagé de poursuites en vertu du présent article sans le consentement du procureur général.

S.R., ch. C-34, art. 380.

Intimidation

423. (1) Est coupable soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans, soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, injustement et sans autorisation légitime, dans le dessein de forcer une autre personne à s’abstenir de faire une chose qu’elle a légalement le droit de faire, ou à faire une chose qu’elle peut légalement s’abstenir de faire, selon le cas :

a) use de violence ou de menaces de violence envers cette personne, ou envers son époux ou conjoint de fait ou ses enfants, ou endommage ses biens;

b) intimide ou tente d’intimider cette personne ou un parent de cette personne par des menaces de violence ou d’un autre mal, ou de quelque peine, à elle ou à l’un de ses parents, ou de dommage aux biens de l’un d’entre eux, au Canada ou à l’étranger;

c) suit avec persistance cette personne;

d) cache des outils, vêtements ou autres biens, possédés ou employés par cette personne, ou l’en prive ou fait obstacle à l’usage qu’elle en fait;

e) avec un ou plusieurs autres, suit désordonnément cette personne sur une grande route;

f) cerne ou surveille le lieu où cette personne réside, travaille, exerce son activité professionnelle ou se trouve;

g) bloque ou obstrue une grande route.

Exception

(2) Ne surveille ni ne cerne, au sens du présent article, celui qui se trouve dans un lieu, notamment une maison d’habitation, ou près de ce lieu, ou qui s’en approche, à seule fin d’obtenir ou de communiquer des renseignements.

L.R. (1985), ch. C-46, art. 423; 2000, ch. 12, art. 95; 2001, ch. 32, art. 10.

Intimidation d’une personne associée au système judiciaire ou d’un journaliste

423.1 (1) Il est interdit, sauf autorisation légitime, de commettre un acte visé au paragraphe (2) dans l’intention de provoquer la peur :

a) soit chez un groupe de personnes ou le grand public en vue de nuire à l’administration de la justice pénale;

b) soit chez une personne associée au système judiciaire en vue de lui nuire dans l’exercice de ses attributions;

c) soit chez un journaliste en vue de lui nuire dans la diffusion d’information relative à une organisation criminelle.

Actes interdits

(2) Constitue un acte interdit aux termes du paragraphe (1) le fait, selon le cas :

a) d’user de violence envers la personne associée au système judiciaire, un journaliste ou l’une de leurs connaissances ou de détruire ou d’endommager les biens de l’une de ces personnes;

b) de menacer de commettre, au Canada ou à l’étranger, l’un des actes mentionnés à l’alinéa a);

c) de suivre une telle personne ou une de ses connaissances avec persistance ou de façon répétée, notamment la suivre désordonnément sur une grande route;

d) de communiquer de façon répétée, même indirectement, avec une telle personne ou une de ses connaissances;

e) de cerner ou surveiller le lieu où une telle personne ou une de ses connaissances réside, travaille, étudie, exerce son activité professionnelle ou se trouve.

Peine

(3) Quiconque contrevient au présent article est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans.

2001, ch. 32, art. 11.

Menaces de commettre une infraction contre une personne jouissant d’une protection internationale

424. Est coupable d’un acte criminel passible d’un emprisonnement maximal de cinq ans quiconque menace de commettre, contre une personne jouissant d’une protection internationale, une infraction visée aux articles 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 ou 279.1 ou menace de commettre une infraction visée à l’article 431.

L.R. (1985), ch. C-46, art. 424; L.R. (1985), ch. 27 (1er suppl.), art. 55; 2001, ch. 41, art. 11.

Menaces contre le personnel des Nations Unies ou le personnel associé

424.1 Est coupable d’un acte criminel passible d’un emprisonnement maximal de dix ans quiconque, dans l’intention d’inciter une personne, un groupe de personnes, un État ou une organisation internationale ou intergouvernementale à faire ou à omettre de faire quelque chose, menace de commettre une infraction visée aux articles 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 ou 279.1 contre un membre du personnel des Nations Unies ou du personnel associé ou menace de commettre une infraction visée à l’article 431.1.

2001, ch. 41, art. 11.

Infractions à l’encontre de la liberté d’association

425. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, étant un employeur ou l’agent d’un employeur, injustement et sans autorisation légitime, selon le cas :

a) refuse d’employer ou congédie une personne pour la seule raison que la personne est membre d’un syndicat ouvrier légitime ou d’une association ou alliance légitime d’ouvriers ou d’employés formée pour l’avancement licite de leurs intérêts et organisée pour les protéger dans la réglementation des salaires et des conditions de travail;

b) cherche par l’intimidation, par la menace de la perte d’une situation ou d’un emploi, ou en causant la perte réelle d’une situation ou d’un emploi, ou par la menace ou

l’imposition d’une peine pécuniaire, à contraindre des ouvriers ou employés de s’abstenir d’être membres d’un syndicat ouvrier ou d’une association ou alliance à laquelle ils ont légitimement droit d’appartenir;

c) complote, se coalise, conclut une convention ou s’entend avec un autre employeur ou son agent pour accomplir l’un des actes mentionnés à l’alinéa a) ou b).

S.R., ch. C-34, art. 382.

Menaces et représailles

425.1 (1) Commet une infraction quiconque, étant l’employeur ou une personne agissant au nom de l’employeur, ou une personne en situation d’autorité à l’égard d’un employé, prend des sanctions disciplinaires, rétrograde ou congédie un employé ou prend d’autres mesures portant atteinte à son emploi — ou menace de le faire :

a) soit avec l’intention de forcer l’employé à s’abstenir de fournir, à une personne dont les attributions comportent le contrôle d’application d’une loi fédérale ou provinciale, des renseignements portant sur une infraction à la présente loi, à toute autre loi fédérale ou à une loi provinciale — ou à leurs règlements — qu’il croit avoir été ou être en train d’être commise par l’employeur ou l’un de ses dirigeants ou employés ou, dans le cas d’une personne morale, l’un de ses administrateurs;

b) soit à titre de représailles parce que l’employé a fourni de tels renseignements à une telle personne.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

2004, ch. 3, art. 6.

Commissions secrètes Commissions secrètes

426. (1) Commet une infraction quiconque, selon le cas :

a) par corruption, directement ou indirectement, soit donne ou offre, ou convient de donner ou d’offrir, à un agent ou à toute personne au profit de cet agent, soit, pendant qu’il est un agent, exige ou accepte, ou offre ou convient d’accepter de qui que ce soit, pour lui-même ou pour une autre personne, une récompense, un avantage ou un bénéfice

de quelque sorte à titre de contrepartie pour faire ou s’abstenir de faire, ou pour avoir fait ou s’être abstenu de faire un acte relatif aux affaires ou à l’entreprise de son commettant, ou pour témoigner ou s’abstenir de témoigner de la faveur ou de la défaveur à une personne quant aux affaires ou à l’entreprise de son commettant;

b) avec l’intention de tromper un commettant, donne à un agent de ce commettant, ou étant un agent, emploie avec l’intention de tromper son commettant, quelque reçu, compte ou autre écrit :

(i) dans lequel le commettant a un intérêt,

(ii) qui contient une déclaration ou un énoncé faux ou erroné ou défectueux sous un rapport essentiel,

(iii) qui a pour objet de tromper le commettant.

Fait de contribuer à l’infraction

(2) Commet une infraction quiconque contribue sciemment à la perpétration d’une infraction visée au paragraphe (1).

Peine

(3) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque commet une infraction prévue au présent article.

Définition de « agent » et « commettant »

(4) Au présent article, « agent » s’entend notamment d’un employé, et « commettant » s’entend notamment d’un patron.

L.R. (1985), ch. C-46, art. 426; L.R. (1985), ch. 27 (1er suppl.), art. 56; 2007, ch. 13, art. 7.

Version précédente

Bons-primes Émission de bons-primes

427. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, en personne ou par son employé ou agent, directement ou indirectement émet, donne, vend ou autrement aliène, ou offre d’émettre, de donner, de vendre ou d’autrement aliéner, des bons-primes à un marchand ou négociant en marchandises pour emploi dans son commerce.

Don à un acheteur de marchandises

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, étant un marchand ou négociant en marchandises, en personne ou par son employé ou agent, directement ou indirectement donne ou de quelque manière aliène, ou offre de donner ou d’aliéner de quelque manière, des bons-primes à une personne qui lui achète des marchandises.

S.R., ch. C-34, art. 384.

PARTIE XI

ACTES VOLONTAIRES ET PROHIBÉS CONCERNANT CERTAINS BIENS Définition et interprétation Définition de « bien »

428. Dans la présente partie, « bien » s’entend d’un bien corporel immeuble ou meuble.

S.R., ch. C-34, art. 385.

Volontairement

429. (1) Quiconque cause la production d’un événement en accomplissant un acte, ou en omettant d’accomplir un acte qu’il est tenu d’accomplir, sachant que cet acte ou cette omission causera probablement la production de l’événement et sans se soucier que l’événement se produise ou non, est, pour l’application de la présente partie, réputé avoir causé volontairement la production de l’événement.

Apparence de droit

(2) Nul ne peut être déclaré coupable d’une infraction visée aux articles 430 à 446 s’il prouve qu’il a agi avec une justification ou une excuse légale et avec apparence de droit.

Intérêt

(3) Lorsque la destruction ou la détérioration d’une chose constitue une infraction :

a) le fait qu’une personne possède un intérêt partiel dans ce qui est détruit ou détérioré ne l’empêche pas d’être coupable de l’infraction si elle a causé la destruction ou la détérioration;

b) le fait qu’une personne possède un intérêt entier dans ce qui est détruit ou détérioré ne l’empêche pas d’être coupable de l’infraction si elle a causé la destruction ou la détérioration dans le dessein de frauder.

S.R., ch. C-34, art. 386.

Méfaits Méfait

430. (1) Commet un méfait quiconque volontairement, selon le cas :

a) détruit ou détériore un bien;

b) rend un bien dangereux, inutile, inopérant ou inefficace;

c) empêche, interrompt ou gêne l’emploi, la jouissance ou l’exploitation légitime d’un bien;

d) empêche, interrompt ou gêne une personne dans l’emploi, la jouissance ou l’exploitation légitime d’un bien.

Méfait concernant des données

(1.1) Commet un méfait quiconque volontairement, selon le cas :

a) détruit ou modifie des données;

b) dépouille des données de leur sens, les rend inutiles ou inopérantes;

c) empêche, interrompt ou gêne l’emploi légitime des données;

d) empêche, interrompt ou gêne une personne dans l’emploi légitime des données ou refuse l’accès aux données à une personne qui y a droit.

Peine

(2) Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité quiconque commet un méfait qui cause un danger réel pour la vie des gens.

Idem

(3) Quiconque commet un méfait à l’égard d’un bien qui constitue un titre testamentaire ou dont la valeur dépasse cinq mille dollars est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Idem

(4) Quiconque commet un méfait à l’égard d’un bien, autre qu’un bien visé au paragraphe (3), est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Méfait : culte religieux

(4.1) Quiconque, étant motivé par des préjugés ou de la haine fondés sur la religion, la race, la couleur ou l’origine nationale ou ethnique, commet un méfait à l’égard de tout ou partie d’un bâtiment ou d’une structure servant principalement au culte religieux — notamment une église, une mosquée, une synagogue ou un temple — , d’un objet lié au culte religieux se trouvant dans un tel bâtiment ou une telle structure, ou sur le terrain où ceux-ci sont érigés, ou d’un cimetière, est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois.

Méfait : bien culturel

(4.2) Quiconque commet un méfait à l’égard d’un bien culturel au sens de l’article premier de la Convention pour la protection des biens culturels en cas de conflit armé, conclue à La Haye le 14 mai 1954, dont le texte est reproduit à l’annexe de la Loi sur l’exportation et l’importation de biens culturels, est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Idem

(5) Quiconque commet un méfait à l’égard de données est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Infraction

(5.1) Quiconque volontairement accomplit un acte ou volontairement omet d’accomplir un acte qu’il a le devoir d’accomplir, si cet acte ou cette omission est susceptible de constituer un méfait qui cause un danger réel pour la vie des gens ou de constituer un méfait à l’égard de biens ou de données est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Réserve

(6) Nul ne commet un méfait au sens du présent article par le seul fait que, selon le cas :

a) il cesse de travailler par suite du défaut, de la part de son employeur et de lui-même, de s’entendre sur une question quelconque touchant son emploi;

b) il cesse de travailler par suite du défaut, de la part de son employeur et d’un agent négociateur agissant en son nom, de s’entendre sur une question quelconque touchant son emploi;

c) il cesse de travailler par suite de sa participation à une entente d’ouvriers ou d’employés pour leur propre protection raisonnable à titre d’ouvriers ou d’employés.

Idem

(7) Nul ne commet un méfait au sens du présent article par le seul fait qu’il se trouve dans un lieu, notamment une maison d’habitation, ou près de ce lieu, ou qu’il s’en approche, aux seules fins d’obtenir ou de communiquer des renseignements.

Définition de « données »

(8) Au présent article, « données » s’entend au sens de l’article 342.1.

L.R. (1985), ch. C-46, art. 430; L.R. (1985), ch. 27 (1er suppl.), art. 57; 1994, ch. 44, art. 28; 2001, ch. 41, art. 12; 2005, ch. 40, art. 3.

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Attaque contre les locaux officiels, le logement privé ou les moyens de transport d’une personne jouissant d’une protection internationale

431. Est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans quiconque porte une attaque accompagnée de violence aux locaux officiels, au logement privé ou aux moyens de transport d’une personne jouissant d’une protection internationale, de manière à mettre vraisemblablement la vie ou la liberté de cette personne en danger.

L.R. (1985), ch. C-46, art. 431; L.R. (1985), ch. 27 (1er suppl.), art. 58; 2001, ch. 41, art. 13.

Attaque contre les locaux officiels, le logement privé ou les moyens de transport du personnel des Nations Unies ou du personnel associé

431.1 Est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans quiconque porte une attaque accompagnée de violence aux locaux officiels, au logement privé ou aux moyens de transport d’un membre du personnel des Nations Unies ou du personnel associé, de manière à mettre vraisemblablement la vie ou la liberté de cette personne en danger.

2001, ch. 41, art. 13.

Définitions

431.2 (1) Les définitions qui suivent s’appliquent au présent article.

« engin explosif ou autre engin meurtrier »

“explosive or other lethal device”

« engin explosif ou autre engin meurtrier » :

a) Toute arme ou tout engin explosif ou incendiaire qui est conçu pour provoquer la mort, des dommages corporels graves ou d’importants dégâts matériels, ou qui en a la capacité;

b) toute arme ou tout engin qui est conçu pour provoquer la mort, des dommages corporels graves ou d’importants dégâts matériels, ou qui en a la capacité, par l’émission, la dissémination ou l’impact de produits chimiques toxiques, d’agents biologiques, de toxines ou de substances analogues, ou de rayonnements ou de matières radioactives.

« forces armées d’un État »

“military forces of a state”

« forces armées d’un État » Les forces qu’un État organise, entraîne et équipe conformément à son droit interne essentiellement pour la défense nationale ou la sécurité nationale, ainsi que les personnes qui agissent à l’appui de ces forces et qui sont placées officiellement sous leur commandement, leur autorité et leur responsabilité.

« infrastructure »

“infrastructure facility”

« infrastructure » Toute installation publique ou privée servant à la fourniture de services publics, tels l’adduction d’eau, l’évacuation des eaux usées, l’approvisionnement en énergie ou en combustible et les communications.

« lieu public »

“place of public use”

« lieu public » Les parties de tout bâtiment, terrain, voie publique, cours d’eau, ou autre lieu qui sont accessibles ou ouverts au public, de façon continue, périodique ou occasionnelle, y compris tout lieu à usage commercial, culturel, historique, éducatif, religieux, officiel, ludique, récréatif ou autre qui est ainsi accessible ou ouvert au public.

« système de transport public »

“public transportation system”

« système de transport public » Tous les équipements, véhicules et moyens, publics ou privés, qui sont utilisés dans le cadre de services de transport de personnes ou de marchandises accessibles au public.

Engin explosif ou autre engin meurtrier

(2) Est coupable d’un acte criminel passible d’un emprisonnement à perpétuité quiconque livre, pose, ou fait exploser ou détoner un engin explosif ou autre engin meurtrier dans ou contre un lieu public, une installation gouvernementale ou publique, un système de transport ou une infrastructure, soit dans l’intention de provoquer la mort ou des dommages corporels graves, soit dans l’intention de causer la destruction massive du lieu, de l’installation, du système ou de l’infrastructure, dans le cas où la destruction entraîne ou risque d’entraîner des pertes économiques considérables.

Forces armées

(3) Il est entendu que le paragraphe (2) ne s’applique pas à l’acte — action ou omission — commis au cours d’un conflit armé et conforme, au moment et au lieu de la perpétration, au droit international coutumier ou au droit international conventionnel applicable au conflit ni aux activités menées par les forces armées d’un État dans l’exercice de leurs fonctions officielles, dans la mesure où ces activités sont régies par d’autres règles de droit international.

2001, ch. 41, art. 13.

Enregistrement non autorisé d’un film

432. (1) Quiconque, sans le consentement du gérant du cinéma, enregistre une oeuvre cinématographique — au sens de ce terme à l’article 2 de la Loi sur le droit d’auteur — qui est projetée dans un cinéma, ou sa bande sonore, est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Enregistrement non autorisé en vue de la vente, etc.

(2) Quiconque, sans le consentement du gérant du cinéma, enregistre une oeuvre cinématographique — au sens de ce terme à l’article 2 de la Loi sur le droit d’auteur — qui est projetée dans un cinéma, ou sa bande sonore, en vue de la vente, de la location ou de toute autre forme de distribution commerciale d’une copie de l’oeuvre cinématographique, est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Confiscation

(3) Lorsqu’une personne est déclarée coupable d’une infraction prévue au présent article, la Cour peut ordonner que toute chose utilisée dans la perpétration de l’infraction soit, en plus de toute peine applicable en l’espèce, confisquée au profit de Sa Majesté du chef de la province où la poursuite a été intentée, après quoi il peut en être disposé conformément aux instructions du procureur général.

Confiscation : restriction

(4) Aucune ordonnance de confiscation ne peut être rendue en vertu du paragraphe (3) relativement à une chose qui est la propriété d’une personne qui n’a pas participé à l’infraction.

L.R. (1985), ch. C-46, art. 432; L.R. (1985), ch. 27 (1er suppl.), art. 58; 2007, ch. 28, art. 1.

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Crime d’incendie et autres incendies Incendie criminel : danger pour la vie humaine

433. Est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité toute personne qui, intentionnellement ou sans se soucier des conséquences de son acte, cause

par le feu ou par une explosion un dommage à un bien, que ce bien lui appartienne ou non, dans les cas suivants :

a) elle sait que celui-ci est habité ou occupé, ou ne s’en soucie pas;

b) le feu ou l’explosion cause des lésions corporelles à autrui.

L.R. (1985), ch. C-46, art. 433; 1990, ch. 15, art. 1.

Incendie criminel : dommages matériels

434. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, intentionnellement ou sans se soucier des conséquences de son acte, cause par le feu ou par une explosion un dommage à un bien qui ne lui appartient pas en entier.

L.R. (1985), ch. C-46, art. 434; 1990, ch. 15, art. 1.

Incendie criminel : biens propres

434.1 Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, intentionnellement ou sans se soucier des conséquences de son acte, cause par le feu ou par une explosion un dommage à un bien qui lui appartient en tout ou en partie lorsque l’incendie ou l’explosion constitue une menace grave envers la santé ou la sécurité d’autrui ou un risque sérieux pour ses biens.

1990, ch. 15, art. 1.

Incendie criminel : intention frauduleuse

435. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque cause par le feu ou par une explosion un dommage à un bien, que ce bien lui appartienne en tout ou en partie ou non, avec l’intention de frauder une autre personne.

Détenteur ou bénéficiaire d’une police d’assurance-incendie

(2) Le fait qu’une personne accusée de l’infraction visée au paragraphe (1) était détentrice ou bénéficiaire désignée d’une police d’assurance-incendie sur le bien à l’égard duquel l’infraction aurait été commise est un fait dont le tribunal peut conclure à l’intention de frauder.

L.R. (1985), ch. C-46, art. 435; 1990, ch. 15, art. 1.

Incendie criminel par négligence

436. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans le responsable d’un bien — ou le propriétaire de la totalité ou d’une partie d’un tel bien — qui, en s’écartant de façon marquée du comportement normal qu’une personne prudente adopterait pour prévoir ou limiter la propagation des incendies ou prévenir les explosions, contribue à provoquer dans ce bien un incendie ou une explosion qui cause des lésions corporelles à autrui ou endommage des biens.

Inobservation des lois et règlements

(2) Le fait qu’une personne accusée de l’infraction visée au paragraphe (1) n’a pas observé une règle de droit concernant la prévention ou la maîtrise des incendies et des explosions ainsi que la limitation des conséquences de ces dernières à l’égard du bien en question est un fait dont le tribunal peut conclure à l’écart de comportement visé à ce paragraphe.

L.R. (1985), ch. C-46, art. 436; 1990, ch. 15, art. 1.

Possession de matières incendiaires

436.1 Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque a en sa possession des matières incendiaires, des dispositifs incendiaires ou des substances explosives dans l’intention de commettre un acte criminel visé aux articles 433 à 436.

1990, ch. 15, art. 1.

Autres interventions concernant des biens Fausse alerte

437. Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque, volontairement, sans cause raisonnable, en criant, en sonnant des cloches, en se servant d’un avertisseur d’incendie, d’un téléphone ou d’un télégraphe, ou de toute autre manière, sonne ou répand ou fait sonner ou répandre une alarme d’incendie.

S.R., ch. C-34, art. 393; 1972, ch. 13, art. 31.

Entrave au sauvetage d’un navire naufragé

438. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque volontairement empêche ou entrave, ou volontairement cherche à empêcher ou à entraver :

a) soit le sauvetage d’un navire naufragé, échoué, abandonné ou en détresse;

b) soit une personne qui tente de sauver un navire naufragé, échoué, abandonné ou en détresse.

Entrave au sauvetage d’une épave

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque volontairement empêche ou entrave, ou volontairement cherche à empêcher ou à entraver le sauvetage d’une épave.

S.R., ch. C-34, art. 394.

Dérangement des signaux de marine

439. (1) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque amarre un navire ou un bateau à un signal, une bouée ou un autre amer servant à la navigation.

Idem

(2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans quiconque volontairement change, enlève ou cache un signal, une bouée ou un autre amer servant à la navigation.

S.R., ch. C-34, art. 395.

Enlever une barre naturelle sans permission

440. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque volontairement, et sans la permission écrite du ministre des Transports, dont la preuve incombe au prévenu, enlève des roches, du bois, de la terre ou d’autres matières qui constituent une barre naturelle nécessaire à l’existence d’un port public ou une protection naturelle pour cette barre.

S.R., ch. C-34, art. 396.

Occupant qui détériore un bâtiment

441. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, volontairement et au préjudice d’un créancier hypothécaire ou d’un propriétaire, abat, démolit ou enlève, en tout ou en partie, une maison d’habitation ou

autre bâtiment dont il a la possession ou l’occupation, ou sépare de la propriété foncière toute chose qui y est fixée à demeure ou incorporée.

S.R., ch. C-34, art. 397.

Déplacer des lignes de démarcation

442. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque volontairement abat, maquille, change ou enlève une chose plantée ou posée comme ligne de démarcation, ou partie de la ligne de démarcation de terrains.

S.R., ch. C-34, art. 398.

Déplacer des bornes internationales, etc.

443. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque volontairement abat, maquille, change ou enlève :

a) soit une borne licitement placée pour indiquer une frontière ou limite internationale ou provinciale, ou les limites d’un comté ou d’une municipalité;

b) soit une borne licitement placée par un arpenteur pour marquer une limite, ou un angle d’une concession, d’un rang, d’un lot ou d’un lopin de terre.

Réserve

(2) Un arpenteur ne commet pas une infraction visée au paragraphe (1) quand, dans ses opérations d’arpenteur :

a) il enlève, au besoin, une borne mentionnée à l’alinéa (1)b) et la replace soigneusement dans la position qu’elle occupait auparavant;

b) il enlève une borne mentionnée à l’alinéa (1)b) dans le cours d’un arpentage concernant une voie publique ou autre ouvrage qui, une fois terminé, rendra impossible ou impraticable la remise de la borne à la place qu’elle occupait en premier lieu et qu’il établit un levé permanent suffisamment précis pour permettre d’en déterminer l’emplacement.

S.R., ch. C-34, art. 399.

Bétail et autres animaux Tuer ou blesser des bestiaux

444. (1) Commet une infraction quiconque volontairement, selon le cas :

a) tue, mutile, blesse, empoisonne ou estropie des bestiaux;

b) place du poison de telle manière qu’il puisse être facilement consommé par des bestiaux.

Peine

(2) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de dix mille dollars et d’un emprisonnement maximal de dix-huit mois, ou de l’une de ces peines.

L.R. (1985), ch. C-46, art. 444; 2008, ch. 12, art. 1.

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Tuer ou blesser des animaux

445. (1) Commet une infraction quiconque volontairement et sans excuse légitime, selon le cas :

a) tue, mutile, blesse, empoisonne ou estropie des chiens, oiseaux ou animaux qui ne sont pas des bestiaux et qui sont gardés pour une fin légitime;

b) place du poison de telle manière qu’il puisse être facilement consommé par des chiens, oiseaux ou animaux qui ne sont pas des bestiaux et qui sont gardés pour une fin légitime.

Peine

(2) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de dix mille dollars et d’un emprisonnement maximal de dix-huit mois, ou de l’une de ces peines.

L.R. (1985), ch. C-46, art. 445; 2008, ch. 12, art. 1.

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Cruauté envers les animaux

Faire souffrir inutilement un animal

445.1 (1) Commet une infraction quiconque, selon le cas :

a) volontairement cause ou, s’il en est le propriétaire, volontairement permet que soit causée à un animal ou un oiseau une douleur, souffrance ou blessure, sans nécessité;

b) de quelque façon encourage le combat ou le harcèlement d’animaux ou d’oiseaux ou y aide ou assiste;

c) volontairement, sans excuse raisonnable, administre une drogue ou substance empoisonnée ou nocive à un animal ou oiseau domestique ou à un animal ou oiseau sauvage en captivité ou, étant le propriétaire d’un tel animal ou oiseau, volontairement permet qu’une drogue ou substance empoisonnée ou nocive lui soit administrée;

d) organise, prépare, dirige, facilite quelque réunion, concours, exposition, divertissement, exercice, démonstration ou événement au cours duquel des oiseaux captifs sont mis en liberté avec la main ou par une trappe, un dispositif ou autre moyen pour essuyer un coup de feu au moment de leur libération, ou y prend part ou reçoit de l’argent à cet égard;

e) étant le propriétaire ou l’occupant, ou la personne ayant la charge d’un local, permet que ce local soit utilisé en totalité ou en partie pour une fin mentionnée à l’alinéa d).

Peine

(2) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de dix mille dollars et d’un emprisonnement maximal de dix-huit mois, ou de l’une de ces peines.

L’omission d’accorder des soins raisonnables constitue une preuve

(3) Aux fins des poursuites engagées en vertu de l’alinéa (1)a), la preuve qu’une personne a omis d’accorder à un animal ou à un oiseau des soins ou une surveillance raisonnables, lui causant ainsi de la douleur, des souffrances ou des blessures, fait preuve, en l’absence de toute preuve contraire, que cette douleur, ces souffrances ou blessures ont été volontairement causés ou permis, selon le cas.

La présence lors du harcèlement d’un animal constitue une preuve

(4) Aux fins des poursuites engagées en vertu de l’alinéa (1)b), la preuve qu’un prévenu était présent lors du combat ou du harcèlement d’animaux ou d’oiseaux fait preuve, en

l’absence de toute preuve contraire, qu’il a encouragé ce combat ou ce harcèlement ou y a aidé ou assisté.

2008, ch. 12, art. 1.

Causer blessure ou lésion

446. (1) Commet une infraction quiconque, selon le cas :

a) par négligence volontaire cause une blessure ou lésion à des animaux ou à des oiseaux alors qu’ils sont conduits ou transportés;

b) étant le propriétaire ou la personne qui a la garde ou le contrôle d’un animal ou oiseau domestique ou d’un animal ou oiseau sauvage en captivité, l’abandonne en détresse ou volontairement néglige ou omet de lui fournir les aliments, l’eau, l’abri et les soins convenables et suffisants.

Peine

(2) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de cinq mille dollars et d’un emprisonnement maximal de six mois, ou de l’une de ces peines.

L’omission d’accorder des soins raisonnables constitue une preuve

(3) Aux fins des poursuites engagées en vertu de l’alinéa (1)a), la preuve qu’une personne a omis d’accorder à un animal ou à un oiseau des soins ou une surveillance raisonnables, lui causant ainsi des dommages ou des blessures, fait preuve, en l’absence de toute preuve contraire, que ces dommages ou blessures ont été causés par négligence volontaire.

L.R. (1985), ch. C-46, art. 446; 2008, ch. 12, art. 1.

Version précédente

Arène pour combats de coqs

447. (1) Commet une infraction quiconque construit, fait, entretient ou garde une arène pour les combats de coqs sur les lieux qu’il possède ou occupe, ou permet qu’une telle arène soit construite, faite, entretenue ou gardée sur ces lieux.

Peine

(2) Quiconque commet l’infraction visée au paragraphe (1) est coupable :

(a) soit d’un acte criminel et passible d’un emprisonnement maximal de cinq ans;

(b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de dix mille dollars et d’un emprisonnement maximal de dix-huit mois, ou de l’une de ces peines.

Confiscation

(3) Un agent de la paix qui trouve des coqs dans une arène pour les combats de coqs ou sur les lieux où est située une telle arène doit s’en emparer et les transporter devant un juge de paix qui en ordonnera la destruction.

L.R. (1985), ch. C-46, art. 447; 2008, ch. 12, art. 1.

Version précédente

Ordonnance de prohibition ou de dédommagement

447.1 (1) Le tribunal peut, en plus de toute autre peine infligée en vertu des paragraphes 444(2), 445(2), 445.1(2), 446(2) ou 447(2) :

a) rendre une ordonnance interdisant au prévenu, pour la période qu’il estime indiquée, d’être propriétaire d’un animal ou d’un oiseau, d’en avoir la garde ou le contrôle ou d’habiter un lieu où se trouve un animal, la durée de celle-ci étant, en cas de récidive, d’au moins cinq ans;

b) à la demande du procureur général ou d’office, ordonner au prévenu de rembourser à la personne ou à l’organisme qui a pris soin de l’animal ou de l’oiseau les frais raisonnables engagés par suite de la perpétration de l’infraction, si ceux-ci peuvent être facilement déterminables.

Violation de l’ordonnance

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque contrevient à une ordonnance rendue en vertu de l’alinéa (1)a).

Application

(3) Les articles 740 à 741.2 s’appliquent, avec les adaptations nécessaires, à l’ordonnance prononcée en vertu de l’alinéa (1)b).

2008, ch. 12, art. 1.

PARTIE XII

INFRACTIONS RELATIVES À LA MONNAIE Définitions Définitions

448. Les définitions qui suivent s’appliquent à la présente partie.

« courant »

“current”

« courant » Ayant cours légal au Canada ou à l’étranger en vertu d’une loi, d’une proclamation ou d’un règlement en vigueur au Canada ou à l’étranger, selon le cas.

« mettre en circulation »

“utter”

« mettre en circulation » S’entend notamment du fait de vendre, de payer, d’offrir et de mettre en cours.

« monnaie contrefaite »

“counterfeit money”

« monnaie contrefaite »

a) Fausse pièce ou fausse monnaie de papier qui ressemble ou est apparemment destinée à ressembler à une pièce courante ou à de la monnaie de papier courante ou destinée à passer pour une telle pièce ou une telle monnaie de papier;

b) faux billet de banque ou faux blanc de billet de banque, qu’il soit complet ou incomplet;

c) pièce de bon aloi ou monnaie de papier authentique qui est préparée ou altérée de façon à ressembler à une pièce courante ou à de la monnaie de papier courante d’une dénomination plus élevée, ou à passer pour une telle pièce ou une telle monnaie de papier;

d) pièce courante dont le cordonnet est enlevé par le limage ou le tranchement des bords et sur laquelle un nouveau cordonnet est fait afin d’en rétablir l’apparence;

e) pièce doublée d’or, d’argent ou de nickel, selon le cas, destinée à ressembler à une pièce d’or, d’argent ou de nickel courante ou à passer pour une telle pièce;

f) pièce de monnaie ou pièce de métal ou de métaux mélangés, lavée ou coloriée de quelque façon au moyen d’une immersion ou d’une matière capable de produire l’apparence de l’or, de l’argent ou du nickel, et destinée à ressembler à une pièce d’or, d’argent ou de nickel courante ou à passer pour une telle pièce.

« symbole de valeur contrefait »

“counterfeit token of value”

« symbole de valeur contrefait » Timbre d’accise ou timbre-poste contrefait ou autre attestation contrefaite d’une valeur, sous quelque désignation technique, vulgaire ou trompeuse qu’elle puisse être décrite, y compris une pièce de monnaie de bon aloi ou une monnaie de papier authentique n’ayant aucune valeur comme monnaie.

S.R., ch. C-34, art. 406.

Fabrication Fabrication

449. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque fabrique ou commence à fabriquer de la monnaie contrefaite.

S.R., ch. C-34, art. 407.

Possession Possession, etc. de monnaie contrefaite

450. Quiconque, sans justification ou excuse légitime, dont la preuve lui incombe, selon le cas :

a) achète, reçoit ou offre d’acheter ou de recevoir;

b) a en sa garde ou possession;

c) introduit au Canada,

de la monnaie contrefaite, est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

S.R., ch. C-34, art. 408.

Possession de limailles, etc.

451. Quiconque, sans justification ou excuse légitime, dont la preuve lui incombe, a en sa garde ou possession :

a) soit des limailles ou rognures d’or ou d’argent;

b) soit de l’or ou de l’argent en lingots;

c) soit de l’or ou de l’argent en poudre, en solution ou sous d’autres formes,

produits ou obtenus en affaiblissant, diminuant ou allégeant une pièce courante d’or ou d’argent, sachant qu’ils ont été ainsi produits ou obtenus, est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans.

S.R., ch. C-34, art. 409.

Mise en circulation Mise en circulation, etc. de monnaie contrefaite

452. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, sans justification ou excuse légitime, dont la preuve lui incombe, selon le cas :

a) met en circulation ou offre de mettre en circulation de la monnaie contrefaite ou utilise de la monnaie contrefaite comme si elle était de bon aloi;

b) exporte, envoie ou transporte de la monnaie contrefaite à l’étranger.

S.R., ch. C-34, art. 410.

Pièce mise en circulation

453. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans quiconque, avec l’intention de frauder, met sciemment en circulation :

a) soit une pièce qui n’est pas courante;

b) soit une pièce de métal ou de métaux mélangés qui ressemble sous le rapport de la dimension, de la forme ou de la couleur, à une pièce courante pour laquelle elle est mise en circulation.

S.R., ch. C-34, art. 411.

Piécettes

454. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, sans excuse légitime, dont la preuve lui incombe, selon le cas :

a) fabrique, produit ou vend;

b) a en sa possession,

une chose qui est destinée à être utilisée frauduleusement à la place d’une pièce de monnaie ou d’un jeton qu’un appareil automatique fonctionnant au moyen d’une pièce de monnaie ou d’un jeton est destiné à encaisser.

S.R., ch. C-34, art. 412; 1972, ch. 13, art. 32.

Dégradation ou affaiblissement de la monnaie Rogner une pièce de monnaie

455. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, selon le cas :

a) affaiblit, diminue ou allège une pièce courante d’or ou d’argent avec l’intention de la faire passer pour une pièce courante d’or ou d’argent;

b) met une pièce de monnaie en circulation, sachant qu’elle a été affaiblie, diminuée ou allégée selon l’alinéa a).

S.R., ch. C-34, art. 413.

Dégrader une pièce de monnaie courante

456. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque, selon le cas :

a) dégrade une pièce courante;

b) met en circulation une pièce courante qui a été dégradée.

S.R., ch. C-34, art. 414.

Chose ressemblant à un billet de banque

457. (1) Il est interdit de fabriquer, de publier, d’imprimer, d’exécuter, d’émettre, de distribuer ou de faire circuler, notamment par moyen informatique ou électronique, une chose ayant l’apparence :

a) soit d’un billet de banque courant;

b) soit d’une obligation ou d’un titre d’un gouvernement ou d’une banque.

Exception

(2) Sont soustraits à l’application du paragraphe (1) :

a) la Banque du Canada et, dans le cadre de leurs fonctions, ses employés;

b) la Gendarmerie royale du Canada et, dans le cadre de leurs fonctions, ses membres et employés;

c) toute personne agissant au nom de la Banque du Canada ou de la Gendarmerie royale du Canada au titre d’un contrat ou d’une licence.

Infraction

(3) Quiconque contrevient au paragraphe (1) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Moyens de défense

(4) Nul ne peut être déclaré coupable de l’infraction créée au paragraphe (3) pour avoir reproduit par impression un billet de banque canadien s’il est établi que la longueur ou la largeur de la reproduction équivaut à moins des trois quarts de celle du billet ou à plus d’une fois et demie celle-ci, d’une part, et que soit les seules couleurs employées sont le noir et le blanc, soit un seul côté du billet est reproduit, d’autre part.

L.R. (1985), ch. C-46, art. 457; 1999, ch. 5, art. 12.

Instruments ou matières Fabrication, possession ou commerce d’instruments pour contrefaire de la monnaie

458. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, sans justification ou excuse légitime, dont la preuve lui incombe :

a) soit fabrique ou répare;

b) soit commence ou se met à fabriquer ou à réparer;

c) soit achète ou vend;

d) soit a en sa garde ou possession,

une machine, un engin, un outil, un instrument, une matière ou chose qu’il sait avoir été utilisé à la fabrication de monnaie contrefaite ou de symboles de valeur contrefaits ou qu’il sait y être adapté et destiné.

S.R., ch. C-34, art. 416.

Retirer d’un hôtel de la Monnaie, des instruments, etc.

459. Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque, sans justification ou excuse légitime, dont la preuve lui incombe, sciemment transporte de l’un des hôtels de la Monnaie de Sa Majesté au Canada :

a) soit une machine, un engin, un outil, un instrument, une matière ou une chose utilisé ou employé relativement à la fabrication de pièces de monnaie;

b) soit une partie utile d’une des choses mentionnées à l’alinéa a);

c) soit quelque monnaie, lingot, métal ou mélange de métaux.

S.R., ch. C-34, art. 417.

Annonce et trafic de la monnaie contrefaite ou des symboles de valeur contrefaits Faire le commerce de la monnaie contrefaite, etc.

460. (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque, selon le cas :

a) par une annonce ou autre écrit, offre de vendre, procurer ou aliéner de la monnaie contrefaite ou des symboles de valeur contrefaits ou de fournir des renseignements sur la manière dont une monnaie contrefaite ou des symboles de valeur contrefaits peuvent être vendus, obtenus ou aliénés, ou sur le moyen de le faire;

b) achète, obtient, négocie ou autrement traite des symboles de valeur contrefaits, ou offre de négocier en vue de les acheter ou obtenir.

Emploi frauduleux de monnaie authentique mais sans valeur

(2) Nul ne peut être déclaré coupable d’une infraction visée au paragraphe (1) à l’égard d’une pièce de bon aloi ou d’une monnaie de papier authentique qui n’a aucune valeur comme monnaie, à moins que, lors de la perpétration de l’infraction alléguée, cette personne n’ait su que la pièce ou la monnaie de papier n’avait aucune valeur comme monnaie et qu’elle n’ait eu une intention frauduleuse dans ses opérations sur la monnaie ou la monnaie de papier, ou la concernant.

S.R., ch. C-34, art. 418.

Dispositions spéciales relatives à la preuve Quand la contrefaction est consommée

461. (1) Chaque infraction relative à la monnaie contrefaite ou aux symboles de valeur contrefaits est réputée consommée, bien que la monnaie ou les symboles de valeur concernant lesquels les poursuites sont engagées ne soient pas terminés ni parfaits ou ne copient pas exactement la monnaie ou les symboles de valeur auxquels ils sont apparemment destinés à ressembler ou pour lesquels ils sont apparemment destinés à passer.

Certificat de l’inspecteur de la contrefaçon

(2) Dans toutes poursuites engagées en vertu de la présente partie, un certificat signé par une personne désignée par le ministre de la Sécurité publique et de la Protection civile à titre d’inspecteur de la contrefaçon, déclarant qu’une pièce de monnaie, une monnaie de papier ou un billet de banque décrit dans ce certificat est de la monnaie contrefaite ou qu’une pièce de monnaie, une monnaie de papier ou un billet de banque décrit dans ce certificat est authentique et est ou non, selon le cas, courant au Canada ou à l’étranger, fait preuve des déclarations contenues dans le certificat sans qu’il soit nécessaire de faire la preuve de la signature ou de la qualité officielle de la personne par laquelle il paraît avoir été signé.

Contre-interrogatoire et avis

(3) Les paragraphes 258(6) et (7) s’appliquent, compte tenu des adaptations de circonstance, à un certificat mentionné au paragraphe (2).

L.R. (1985), ch. C-46, art. 461; 1992, ch. 1, art. 58; 2005, ch. 10, art. 34.

Version précédente

Confiscation Droit de propriété

462. (1) Appartiennent à Sa Majesté la monnaie contrefaite, les symboles de valeur contrefaits et toute chose utilisée pour la fabrication d’une monnaie contrefaite ou de symboles de valeur contrefaits, ou destinée à l’être.

Saisie

(2) Un agent de la paix peut saisir et détenir :

a) de la monnaie contrefaite;

b) des symboles de valeur contrefaits;

c) des machines, engins, outils, instruments, matières ou choses qui ont servi à la fabrication d’une monnaie contrefaite ou de symboles de valeur contrefaits, ou qui ont été adaptés et sont destinés à une telle fabrication.

Toute chose saisie est envoyée au ministre des Finances pour qu’il en soit disposé ou qu’elle soit traitée selon qu’il l’ordonne. Cependant, une chose requise comme preuve dans une procédure ne peut être envoyée au ministre que si elle n’est plus nécessaire aux fins de cette procédure.

S.R., ch. C-34, art. 420.

PARTIE XII.1

DOCUMENTATION ET INSTRUMENTS POUR L’UTILISATION DE DROGUES ILLICITES Définitions Définitions

462.1 Les définitions qui suivent s’appliquent à la présente partie.

« consommer »

“consume”

« consommer » Y est assimilé le fait de fumer, d’inhaler, de mastiquer ou d’injecter dans le corps humain.

« documentation pour l’utilisation de drogues illicites »

“literature for illicit drug use”

« documentation pour l’utilisation de drogues illicites » Tout imprimé ou enregistrement magnétoscopique décrivant ou montrant la production, la préparation ou la consommation de drogues illicites et destiné essentiellement ou en l’occurrence à la préconiser, à l’encourager ou à la favoriser.

« drogue illicite »

“illicit drug”

« drogue illicite » Substance désignée ou précurseur dont l’importation, l’exportation, la production, la vente ou la possession est interdite ou restreinte en vertu de la Loi réglementant certaines drogues et autres substances.

« instrument pour l’utilisation de drogues illicites »

“instrument for illicit drug use”

« instrument pour l’utilisation de drogues illicites » Tout ce qui est destiné essentiellement ou en l’occurrence à la consommation d’une drogue illicite ou à la facilitation de sa consommation. N’est toutefois pas visé par la présente définition un « instrument » au sens de l’article 2 de la Loi sur les aliments et drogues.

« utilisation de drogues illicites »

“illicit drug use”

« utilisation de drogues illicites » Importation, exportation, production, vente ou possession d’une substance désignée ou d’un précurseur contrairement à la Loi réglementant certaines drogues et autres substances ou à ses règlements d’application.

« vendre »

“sell”

« vendre » Y sont assimilés la mise en vente, l’étalage en vue de la vente, le fait de posséder en vue de vendre et le fait de distribuer, que la distribution soit faite à titre onéreux ou non.

L.R. (1985), ch. 50 (4e suppl.), art. 1; 1996, ch. 19, art. 67.

Infraction et peines Infraction

462.2 Quiconque, sciemment, importe au Canada, exporte du Canada, fabrique ou vend de la documentation ou des instruments pour l’utilisation de drogues illicites, ou en fait la promotion, est coupable d’une infraction et passible, sur déclaration de culpabilité par procédure sommaire :

a) pour une première infraction, d’une amende maximale de cent mille dollars et d’un emprisonnement maximal de six mois, ou de l’une de ces peines;

b) en cas de récidive, d’une amende maximale de trois cent mille dollars et d’un emprisonnement maximal d’un an, ou de l’une de ces peines.

L.R. (1985), ch. 50 (4e suppl.), art. 1.

PARTIE XII.2

PRODUITS DE LA CRIMINALITÉ Définitions Définitions

462.3 (1) Les définitions qui suivent s’appliquent à la présente partie.

« infraction de criminalité organisée »[Abrogée, 2001, ch. 32, art. 12]

« infraction désignée »

“designated offence”

« infraction désignée »

a) Soit toute infraction prévue par la présente loi ou une autre loi fédérale et pouvant être poursuivie par mise en accusation, à l’exception de tout acte criminel désigné par règlement;

b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.

« infraction désignée en matière de drogue »[Abrogée, 1996, ch. 19, art. 68]

« juge »

“judge”

« juge » Juge au sens de l’article 552 ou un juge d’une cour supérieure de juridiction criminelle.

« produits de la criminalité »

“proceeds of crime”

« produits de la criminalité » Bien, bénéfice ou avantage qui est obtenu ou qui provient, au Canada ou à l’extérieur du Canada, directement ou indirectement :

a) soit de la perpétration d’une infraction désignée;

b) soit d’un acte ou d’une omission qui, au Canada, aurait constitué une infraction désignée.

Règlement

(2) Le gouverneur en conseil peut, par règlement, désigner les actes criminels qui sont exclus de la définition de « infraction désignée » au paragraphe (1).

Pouvoirs du procureur général du Canada

(3) Par dérogation à la définition de « procureur général » à l’article 2, le procureur général du Canada :

a) a tous les pouvoirs et fonctions attribués en vertu de la présente loi au procureur général à l’égard d’une infraction désignée, dans les cas où l’infraction présumée découle de comportements constituant en tout ou en partie une présumée contravention à une loi fédérale — autre que la présente loi — ou aux règlements d’application d’une telle loi fédérale;

b) peut intenter des poursuites et a tous les pouvoirs et fonctions attribués en vertu de la présente loi au procureur général à l’égard :

(i) d’une infraction prévue aux articles 354 ou 462.31, dans les cas où l’infraction présumée découle de comportements constituant en tout ou en partie une présumée contravention à une loi fédérale — autre que la présente loi — ou aux règlements d’application d’une telle loi fédérale,

(ii) d’une infraction prévue au paragraphe 462.33(11), dans les cas où l’ordonnance de blocage a été rendue à sa demande.

Pouvoirs du procureur d’une province

(4) Le paragraphe (3) n’a pas pour effet de porter atteinte à la compétence dont dispose le procureur général d’une province d’intenter des poursuites à l’égard d’une infraction désignée ou d’exercer tous les pouvoirs et fonctions attribués en vertu de la présente loi au procureur général.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1993, ch. 25, art. 95, ch. 37, art. 32, ch. 46, art. 5; 1994, ch. 44, art. 29; 1995, ch. 39, art. 151; 1996, ch. 19, art. 68 et 70; 1997, ch. 18, art. 27, ch. 23, art. 9; 1998, ch. 34, art. 9 et 11; 1999, ch. 5, art. 13 et 52; 2001, ch. 32, art. 12, ch. 41, art. 14 et 33; 2005, ch. 44, art. 1.

Version précédente

Infraction Recyclage des produits de la criminalité

462.31 (1) Est coupable d’une infraction quiconque — de quelque façon que ce soit — utilise, enlève, envoie, livre à une personne ou à un endroit, transporte ou modifie des biens ou leurs produits, en dispose, en transfère la possession ou prend part à toute autre forme d’opération à leur égard, dans l’intention de les cacher ou de les convertir sachant ou croyant qu’ils ont été obtenus ou proviennent, en totalité ou en partie, directement ou indirectement :

a) soit de la perpétration, au Canada, d’une infraction désignée;

b) soit d’un acte ou d’une omission survenu à l’extérieur du Canada qui, au Canada, aurait constitué une infraction désignée.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel et est passible d’un emprisonnement maximal de dix ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Exception

(3) N’est pas coupable de l’infraction prévue au paragraphe (1) l’agent de la paix ou la personne qui agit sous la direction d’un agent de la paix qui fait l’un des actes mentionnés à ce paragraphe dans le cadre d’une enquête ou dans l’accomplissement de ses autres fonctions.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1996, ch. 19, art. 70; 1997, ch. 18, art. 28; 2001, ch. 32, art. 13; 2005, ch. 44, art. 2(F).

Version précédente

Perquisitions, fouilles, saisies et détention Mandat spécial

462.32 (1) Sous réserve du paragraphe (3), le juge qui est convaincu, à la lumière des renseignements qui, à la demande du procureur général, lui sont présentés sous serment selon la formule 1, qu’il existe des motifs raisonnables de croire que des biens pourraient faire l’objet d’une ordonnance de confiscation en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2) parce qu’ils sont liés à une infraction désignée qui aurait été commise dans la province où il est compétent et qu’ils se trouvent dans un bâtiment, contenant ou lieu situé dans cette province ou dans une autre province peut décerner un mandat autorisant la personne qui y est nommée ou un agent de la paix à perquisitionner dans ce bâtiment, contenant ou lieu et à saisir les biens en question ainsi que tout autre bien dont cette personne ou l’agent de la paix a des motifs raisonnables de croire qu’il pourrait faire l’objet d’une telle ordonnance.

Procédure

(2) La demande visée au paragraphe (1) peut être faite ex parte; elle est présentée par écrit et indique si d’autres demandes ont déjà été faites au titre du paragraphe (1) en rapport avec les mêmes biens.

Exécution au Canada

(2.1) Sous réserve du paragraphe (2.2), le mandat décerné dans le cadre du paragraphe (1) peut être exécuté partout au Canada.

Exécution dans une autre province

(2.2) Dans le cas où le mandat visé au paragraphe (1) est décerné dans une province alors qu’il est raisonnable de croire que son exécution se fera dans une autre province et qu’il sera nécessaire de pénétrer dans une propriété située dans cette autre province, un juge de cette dernière peut, sur demande ex parte, confirmer le mandat. Une fois confirmé, le mandat est exécutoire dans l’autre province.

Exécution dans une autre circonscription territoriale

(3) Les paragraphes 487(2) à (4) et l’article 488 s’appliquent aux mandats décernés en vertu du présent article, compte tenu des adaptations de circonstance.

Rapport d’exécution

(4) La personne qui exécute un mandat décerné en vertu du présent article est tenue de :

a) détenir — ou faire détenir — les biens saisis en prenant les précautions normales pour garantir leur préservation jusqu’à ce qu’il ait été statué à leur égard conformément à la loi;

b) dans les meilleurs délais après l’exécution du mandat mais au plus tard le septième jour qui suit celle-ci, faire un rapport, selon la formule 5.3, comportant la désignation des biens saisis et indiquant le lieu où ils se trouvent et le faire déposer auprès du greffier du tribunal;

c) faire remettre, sur demande, un exemplaire du rapport au saisi et à toute autre personne qui, de l’avis du juge, semble avoir un droit sur les biens saisis.

Restitution des produits

(4.1) Sous réserve de la présente loi et de toute autre loi fédérale, l’agent de la paix qui a saisi une chose en vertu d’un mandat délivré par un juge en vertu du présent article peut, avec le consentement du procureur général donné par écrit, restituer la chose saisie, et en exiger un reçu, à la personne qui a droit à la possession légitime de celle-ci :

a) s’il est convaincu qu’il n’y a aucune contestation quant à la possession légitime de la chose saisie;

b) s’il est convaincu que la détention de la chose saisie n’est pas nécessaire aux fins d’une confiscation;

c) si la chose saisie est restituée avant le dépôt d’un rapport auprès du greffier du tribunal en vertu de l’alinéa (4)b).

Avis

(5) Avant de décerner un mandat sous le régime du présent article, le juge peut exiger qu’en soient avisées les personnes qui, à son avis, semblent avoir un droit sur les biens visés; il peut aussi les entendre. Le présent paragraphe ne s’applique toutefois pas si le juge est d’avis que le fait de donner cet avis risquerait d’occasionner la disparition des biens visés, une diminution de leur valeur ou leur dissipation de telle façon qu’il serait impossible de les saisir ou d’en saisir une partie.

Engagements du procureur général

(6) Avant de décerner un mandat sous le régime du présent article, le juge exige du procureur général qu’il prenne les engagements que le juge estime indiqués à l’égard du paiement des dommages et des frais que pourrait entraîner le mandat.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1997, ch. 18, art. 29; 2001, ch. 32, art. 14; 2005, ch. 44, art. 3.

Version précédente

Demande d’ordonnance de blocage

462.33 (1) Le procureur général peut, sous le régime du présent article, demander une ordonnance de blocage de certains biens.

Procédure

(2) La demande d’ordonnance est à présenter à un juge par écrit mais peut être faite ex parte; elle est accompagnée de l’affidavit du procureur général ou de toute autre personne comportant les éléments suivants :

a) désignation de l’infraction ou de l’objet sur lesquels porte l’enquête;

b) désignation de la personne que l’on croit en possession du bien visé;

c) exposé des motifs de croire qu’une ordonnance de confiscation pourrait être rendue à l’égard du bien visé en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2);

d) description du bien;

e) mention, le cas échéant, des autres demandes faites en vertu du présent article en rapport avec les mêmes biens.

Ordonnance de blocage

(3) Le juge saisi de la demande peut rendre une ordonnance de blocage s’il est convaincu qu’il existe des motifs raisonnables de croire qu’existent, dans la province où il est compétent ou dans une autre province, des biens qui pourraient faire l’objet, en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2), d’une ordonnance visant une infraction désignée qui aurait été commise dans la province où il est compétent; l’ordonnance prévoit qu’il est interdit à toute personne de se départir des biens mentionnés dans l’ordonnance ou d’effectuer des opérations sur les droits qu’elle détient sur ceux-ci, sauf dans la mesure où l’ordonnance le prévoit.

Exécution dans une autre province

(3.01) Les paragraphes 462.32(2.1) et (2.2) s’appliquent, avec les adaptations nécessaires, aux ordonnances de blocage.

Biens à l’étranger

(3.1) Les ordonnances de blocage visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

Idem

(4) L’ordonnance de blocage peut être assortie des conditions raisonnables que le juge estime indiquées.

Avis

(5) Avant de rendre une ordonnance de blocage, le juge peut exiger qu’en soient avisées les personnes qui, à son avis, semblent avoir un droit sur les biens visés; il peut aussi les entendre. Le présent paragraphe ne s’applique toutefois pas si le juge estime que le fait de donner cet avis risquerait d’occasionner la disparition des biens visés, une diminution de leur valeur ou leur dissipation de telle façon qu’il serait impossible de rendre à leur égard une ordonnance de confiscation en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2).

Ordonnance écrite

(6) L’ordonnance de blocage est rendue par écrit.

Engagements du procureur général

(7) Avant de rendre une ordonnance de blocage, le juge exige du procureur général qu’il prenne les engagements que le juge estime indiqués à l’égard du paiement des dommages et des frais que pourraient entraîner :

a) la prise de l’ordonnance à l’égard de biens situés au Canada ou à l’étranger;

b) l’exécution de l’ordonnance à l’égard de biens situés au Canada.

Signification

(8) Une copie de l’ordonnance de blocage est signifiée à la personne qu’elle vise; la signification se fait selon les règles du tribunal ou de la façon dont le juge l’ordonne.

Enregistrement

(9) Une copie de l’ordonnance de blocage est enregistrée à l’égard d’un bien conformément aux lois de la province où ce bien est situé.

Validité

(10) L’ordonnance de blocage demeure en vigueur jusqu’à ce que l’une des circonstances suivantes survienne :

a) elle est annulée ou modifiée en conformité avec le paragraphe 462.34(4) ou annulée en conformité avec l’alinéa 462.43a);

b) elle cesse d’être en vigueur en conformité avec l’article 462.35;

c) une ordonnance de confiscation ou de restitution des biens est rendue en vertu des paragraphes 462.37(1) ou (2.01), 462.38(2) ou 462.41(3) ou d’une autre disposition de la présente loi ou d’une autre loi fédérale.

Infraction

(11) Toute personne à qui une ordonnance de blocage est signifiée en conformité avec le présent article et qui, pendant que celle-ci est en vigueur, contrevient à ses dispositions ou fait défaut de s’y conformer est coupable d’un acte criminel ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1993, ch. 37, art. 21; 1996, ch. 16, art. 60; 1997, ch. 18, art. 30; 2001, ch. 32, art. 15; 2005, ch. 44, art. 4.

Version précédente

Ordonnance de prise en charge

462.331 (1) À la demande du procureur général ou d’une autre personne munie de son consentement écrit, le juge peut, s’il l’estime indiqué dans les circonstances, relativement aux biens saisis en vertu de l’article 462.32 ou bloqués en vertu de l’article 462.33, à l’exclusion des substances désignées au sens de la Loi réglementant certaines drogues et autres substances :

a) nommer un administrateur et lui ordonner de prendre en charge ces biens en tout ou en partie, de les administrer ou d’effectuer toute autre opération à leur égard conformément aux directives du juge;

b) ordonner à toute personne qui a la possession d’un bien, à l’égard duquel un administrateur est nommé, de le remettre à celui-ci.

Ministre des Travaux publics et des Services gouvernementaux

(2) À la demande du procureur général du Canada, le juge nomme le ministre des Travaux publics et des Services gouvernementaux à titre d’administrateur visé au paragraphe (1).

Administration

(3) La charge d’administrer des biens ou d’effectuer toute autre opération à leur égard comprend notamment :

a) dans le cas de biens périssables ou qui se déprécient rapidement, le pouvoir de les vendre en cours d’instance;

b) dans le cas de biens qui n’ont pas ou peu de valeur, le pouvoir de les détruire.

Demande d’ordonnance de destruction

(4) Avant de détruire un bien d’aucune ou de peu de valeur, la personne qui en a la charge est tenue de demander au tribunal de rendre une ordonnance de destruction.

Avis

(5) Avant de rendre une ordonnance de destruction d’un bien, le tribunal exige que soit donné un avis conformément au paragraphe (6) à quiconque, à son avis, semble avoir un droit sur le bien; le tribunal peut aussi entendre une telle personne.

Modalités de l’avis

(6) L’avis :

a) est donné ou signifié selon les modalités précisées par le tribunal ou prévues par les règles de celui-ci;

b) est donné dans le délai que le tribunal estime raisonnable ou que fixent les règles de celui-ci.

Ordonnance

(7) Le tribunal ordonne la destruction du bien s’il est convaincu que le bien n’a pas ou peu de valeur, financière ou autre.

Cessation d’effet de l’ordonnance de prise en charge

(8) L’ordonnance de prise en charge cesse d’avoir effet lorsque les biens qu’elle vise sont remis, conformément à la loi, à celui qui présente une demande en ce sens ou sont confisqués au profit de Sa Majesté.

Demande de modification des conditions

(9) Le procureur général peut demander au juge d’annuler ou de modifier une condition à laquelle est assujettie l’ordonnance de prise en charge, à l’exclusion d’une modification de la nomination effectuée en vertu du paragraphe (2).

2001, ch. 32, art. 16.

Demande de révision

462.34 (1) Le détenteur d’un droit sur un bien saisi en vertu d’un mandat délivré sous le régime de l’article 462.32 ou d’un bien visé par une ordonnance de blocage rendue sous le régime du paragraphe 462.33(3) peut en tout temps demander à un juge de rendre une ordonnance en vertu du paragraphe (4) ou de lui accorder l’autorisation d’examiner le bien.

Préavis au procureur général

(2) La demande d’ordonnance prévue au paragraphe (1) ne peut, sans le consentement du procureur général, être entendue par un juge à moins que le demandeur n’en ait remis un préavis de deux jours francs au procureur général; le juge peut exiger que le préavis soit remis aux personnes qui, à son avis, semblent avoir un droit sur les biens visés; il peut aussi les entendre.

Conditions de l’autorisation d’examen

(3) Sur demande présentée en vertu du paragraphe (1), le juge peut, par ordonnance, permettre au demandeur d’examiner le bien visé sous réserve des modalités qu’il juge nécessaires ou souhaitables pour garantir la préservation du bien en question à toutes fins utiles.

Restitution ou modification de l’ordonnance de blocage

(4) Le juge saisi d’une demande d’ordonnance présentée en vertu du paragraphe (1) peut, après avoir entendu le demandeur, le procureur général et, éventuellement, les personnes à qui le préavis mentionné au paragraphe (2) a été remis, ordonner que les biens soient restitués en tout ou en partie au demandeur, annuler ou modifier l’ordonnance de blocage rendue en vertu du paragraphe 462.33(3) de façon à soustraire, en totalité ou en partie, ces biens ou un droit sur ceux-ci à son application, selon le cas, ou rendre l’ordonnance de blocage sujette aux conditions qu’il estime indiquées dans les cas suivants :

a) le demandeur contracte devant le juge un engagement, avec ou sans caution, d’un montant que celui-ci fixe ou estime indiqué et, si le juge l’estime indiqué, dépose auprès du juge la somme d’argent ou l’autre valeur que celui-ci fixe;

b) les conditions mentionnées au paragraphe (6) sont remplies;

c) afin de permettre :

(i) au détenteur des biens bloqués ou saisis — ou à toute autre personne qui, de l’avis du juge, a un droit valable sur ces biens — de prélever, sur les biens ou certains de ceux-ci, les sommes raisonnables pour ses dépenses courantes et celles des personnes à sa charge,

(ii) à l’une des personnes mentionnées au sous-alinéa (i) de faire face à ses dépenses commerciales courantes et de payer ses frais juridiques dans la mesure où ces dépenses et frais sont raisonnables,

(iii) à une personne d’utiliser ces biens pour contracter un engagement sous le régime de la partie XVI,

lorsque le juge est convaincu que l’auteur de la demande ne possède pas d’autres biens ou moyens pour ce faire et que nulle autre personne ne semble être le propriétaire légitime de ces biens ou avoir droit à leur possession légitime.

Audience

(5) Pour déterminer le caractère raisonnable des frais juridiques visés au sous-alinéa (4)c)(ii), le juge tient une audience à huis clos, hors de la présence du procureur général, et tient compte du barème d’aide juridique de la province.

Dépenses

(5.1) Dans le cadre de la détermination du caractère raisonnable des dépenses et des frais juridiques visés à l’alinéa (4)c), le procureur général peut présenter :

a) à l’audience tenue sur la demande, ses observations sur ce qui peut constituer des dépenses raisonnables;

b) avant ou après l’audience tenue en application du paragraphe (5), ses observations sur ce qui peut constituer des frais juridiques raisonnables pour l’application du sous-alinéa (4)c)(ii).

Taxation des frais juridiques

(5.2) Le juge qui rend l’ordonnance visée à l’alinéa (4)c) peut — et doit sur demande du procureur général — taxer les honoraires qui font partie des frais juridiques visés au sous­ alinéa (4)c)(ii), et tient alors compte :

a) de la valeur de biens pouvant faire l’objet d’une ordonnance de confiscation;

b) de la complexité des procédures qui sont à l’origine des frais juridiques;

c) de l’importance des questions en litige;

d) de la durée des audiences tenues dans le cadre de ces procédures;

e) du fait que des procédures étaient inappropriées ou vexatoires;

f) des observations du procureur général;

g) de tout autre point pertinent.

Conditions

(6) L’ordonnance visée à l’alinéa (4)b) peut être rendue si le juge est convaincu qu’on n’a plus besoin de ces biens soit pour une enquête soit à titre d’éléments de preuve dans d’autres procédures et :

a) qu’un mandat de perquisition n’aurait pas dû être délivré en vertu de l’article 462.32 ou qu’une ordonnance de blocage visée au paragraphe 462.33(3) n’aurait pas dû être rendue à l’égard de ces biens, lorsque la demande est présentée par :

(i) soit une personne accusée d’une infraction désignée,

(ii) soit une personne qui a obtenu un titre ou un droit sur ces biens d’une personne visée au sous-alinéa (i) dans des circonstances telles qu’elles permettent raisonnablement d’induire que l’opération a été effectuée dans l’intention d’éviter la confiscation des biens;

b) dans tous les autres cas, que le demandeur est le propriétaire légitime de ces biens ou a droit à leur possession légitime et semble innocent de toute complicité ou de toute collusion à l’égard de la perpétration d’une infraction désignée, et que nulle autre personne ne semble être le propriétaire légitime de ces biens ou avoir droit à leur possession légitime.

Réserve

(7) L’article 354 ne s’applique pas à la personne qui obtient la possession d’un bien qui, en vertu d’une ordonnance rendue sous le régime de l’alinéa (4)c), a été remis à une personne après avoir été saisi ou a été exclu de l’application d’une ordonnance de blocage rendue en vertu du paragraphe 462.33(3).

Formule

(8) L’engagement visé à l’alinéa (4)a) peut être contracté selon la formule 32.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1996, ch. 19, art. 69 et 70; 1997, ch. 18, art. 31 et 140; 2001, ch. 32, art. 17.

Application de dispositions en matière de restitution

462.341 Le paragraphe 462.34(2), l’alinéa 462.34(4)c) et les paragraphes 462.34(5), (5.1) et (5.2) s’appliquent, avec les adaptations nécessaires, au détenteur d’un droit sur de l’argent ou des billets de banque saisis en vertu de la présente loi ou de la Loi réglementant certaines drogues et autres substances et qui peuvent faire l’objet des procédures prévues aux paragraphes 462.37(1) ou (2.01) ou 462.38(2).

1997, ch. 18, art. 32 et 140; 1999, ch. 5, art. 14; 2005, ch. 44, art. 5.

Version précédente

Expiration des mandats spéciaux et des ordonnances de blocage

462.35 (1) Le blocage de certains biens en vertu d’une ordonnance rendue sous le régime de l’article 462.33 ou leur détention après saisie en vertu d’un mandat délivré sous le régime de l’article 462.32 ne peut se poursuivre, sous réserve des autres dispositions du présent article, au-delà de six mois à compter de la date de la saisie ou de l’ordonnance.

Enquête

(2) Le blocage ou la détention peuvent se poursuivre au-delà de six mois si des poursuites sont intentées à l’égard des biens pouvant être confisqués.

Demande de prolongation

(3) Sur demande du procureur général, le juge peut prolonger le blocage ou la détention des biens au-delà de six mois s’il est convaincu qu’ils seront nécessaires après l’expiration de cette période pour l’application des articles 462.37 ou 462.38 ou d’une autre disposition de la présente loi ou d’une autre loi fédérale en matière de confiscation, ou qu’ils seront nécessaires soit pour une enquête soit à titre d’éléments de preuve dans d’autres procédures.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1997, ch. 18, art. 33.

Citation à procès

462.36 Le greffier du tribunal dont un juge a décerné un mandat en vertu de l’article 462.32 ou a rendu une ordonnance de blocage en vertu de l’article 462.33 transmet au greffier du tribunal devant lequel un accusé est cité à procès pour une infraction désignée à l’égard de laquelle le mandat a été décerné ou l’ordonnance rendue un exemplaire du rapport qui lui est remis en conformité avec l’alinéa 462.32(4)b) ou de l’ordonnance de blocage.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 2001, ch. 32, art. 18.

Confiscation des produits de la criminalité Confiscation lors de la déclaration de culpabilité

462.37 (1) Sur demande du procureur général, le tribunal qui détermine la peine à infliger à un accusé coupable d’une infraction désignée — ou absous en vertu de l’article 730 à l’égard de cette infraction — est tenu, sous réserve des autres dispositions du présent article et des articles 462.39 à 462.41, d’ordonner la confiscation au profit de Sa Majesté des biens dont il est convaincu, selon la prépondérance des probabilités, qu’ils constituent des produits de la criminalité obtenus en rapport avec cette infraction désignée; l’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec la loi.

Produits de la criminalité obtenus par la perpétration d’une autre infraction

(2) Le tribunal peut rendre une ordonnance de confiscation au titre du paragraphe (1) à l’égard des biens d’un contrevenant dont il n’est pas prouvé qu’ils ont été obtenus par la perpétration de l’infraction désignée dont il a été déclaré coupable — ou à l’égard de laquelle il a été absous sous le régime de l’article 730 — à la condition d’être convaincu, hors de tout doute raisonnable, qu’il s’agit de produits de la criminalité.

Confiscation — circonstances particulières

(2.01) Dans le cas où l’accusé est déclaré coupable d’une infraction mentionnée au paragraphe (2.02), le tribunal qui détermine la peine à infliger est tenu, sur demande du procureur général et sous réserve des autres dispositions du présent article et des articles 462.4 et 462.41, d’ordonner la confiscation au profit de Sa Majesté des biens de l’accusé précisés par le procureur général dans la demande et de prévoir dans l’ordonnance qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec la loi, s’il est convaincu, selon la prépondérance des probabilités, de l’un ou l’autre des faits suivants :

a) l’accusé s’est livré, dans les dix ans précédant l’inculpation relative à l’infraction en cause, à des activités criminelles répétées visant à lui procurer, directement ou indirectement, un avantage matériel, notamment pécuniaire;

b) le revenu de l’accusé de sources non liées à des infractions désignées ne peut justifier de façon raisonnable la valeur de son patrimoine.

Infractions

(2.02) Les infractions visées sont les suivantes :

a) toute infraction d’organisation criminelle passible d’un emprisonnement de cinq ans ou plus;

b) toute infraction aux articles 5, 6 ou 7 de la Loi réglementant certaines drogues et autres substances — y compris le complot ou la tentative de commettre une telle infraction, la complicité après le fait à son égard ou le fait de conseiller de la commettre — poursuivie par voie de mise en accusation.

Biens qui ne sont pas des produits de la criminalité

(2.03) L’ordonnance visée au paragraphe (2.01) ne peut être rendue à l’égard de biens dont le contrevenant démontre, selon la prépondérance des probabilités, qu’ils ne constituent pas des produits de la criminalité.

Activités criminelles répétées

(2.04) Pour décider si le contrevenant s’est livré à des activités criminelles répétées, le tribunal prend en compte :

a) les circonstances de la perpétration de l’infraction en cause;

b) tout acte ou omission — autre que celui relatif à l’infraction en cause — dont il est convaincu, selon la prépondérance des probabilités, qu’il a été commis par le contrevenant et qu’il constitue une infraction à une loi fédérale punissable par acte d’accusation;

c) tout acte ou omission dont il est convaincu, selon la prépondérance des probabilités, qu’il a été commis par le contrevenant, qu’il constitue une infraction dans le lieu où il a été commis et qu’il constituerait, s’il était commis au Canada, une infraction à une loi fédérale punissable par acte d’accusation;

d) tout autre facteur qu’il juge pertinent.

Conditions

(2.05) Toutefois, il ne peut se prononcer pour l’affirmative que s’il est convaincu, selon la prépondérance des probabilités, que l’une ou l’autre des conditions suivantes est remplie :

a) le contrevenant a commis, au cours de la période visée à l’alinéa (2.01) a), des actes ou omissions — autres que celui relatif à l’infraction en cause — qui constituent au moins deux infractions graves ou une infraction d’organisation criminelle;

b) le contrevenant a commis, au cours de la période visée à l’alinéa (2.01) a), des actes ou omissions qui constituent une infraction dans le lieu où ils ont été commis et qui, commis au Canada, constitueraient au moins deux infractions graves ou une infraction d’organisation criminelle;

c) les conditions énoncées aux alinéas a) et b) sont toutes deux remplies, mais chacune à l’égard d’une seule infraction grave.

Mesure n’empêchant pas une demande au titre du paragraphe (1)

(2.06) Le paragraphe (2.01) n’a pas pour effet d’empêcher le procureur général de faire une demande au titre du paragraphe (1) à l’égard de tout bien.

Limite

(2.07) Le tribunal peut, s’il est d’avis que l’intérêt de la justice l’exige, refuser d’ordonner la confiscation de tout bien qui ferait par ailleurs l’objet d’une confiscation au titre du paragraphe (2.01). Il est tenu de motiver sa décision.

Biens à l’étranger

(2.1) Les ordonnances visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

Amende

(3) Le tribunal qui est convaincu qu’une ordonnance de confiscation devrait être rendue à l’égard d’un bien — d’une partie d’un bien ou d’un droit sur celui-ci — d’un contrevenant peut, en remplacement de l’ordonnance, infliger au contrevenant une amende égale à la valeur du bien s’il est convaincu que le bien ne peut pas faire l’objet d’une telle ordonnance et notamment dans les cas suivants :

a) impossibilité, malgré des efforts en ce sens, de retrouver le bien;

b) remise à un tiers;

c) situation du bien à l’extérieur du Canada;

d) diminution importante de valeur;

e) fusion avec un autre bien qu’il est par ailleurs difficile de diviser.

Incarcération

(4) Le tribunal qui inflige une amende en vertu du paragraphe (3) est tenu :

a) d’infliger, à défaut du paiement de l’amende, une peine d’emprisonnement :

(i) maximale de six mois, si l’amende est égale ou inférieure à dix mille dollars,

(ii) de six mois à un an, si l’amende est supérieure à dix mille dollars mais égale ou inférieure à vingt mille dollars,

(iii) de un an à dix-huit mois, si l’amende est supérieure à vingt mille dollars mais égale ou inférieure à cinquante mille dollars,

(iv) de dix-huit mois à deux ans, si l’amende est supérieure à cinquante mille dollars mais égale ou inférieure à cent mille dollars,

(v) de deux ans à trois ans, si l’amende est supérieure à cent mille dollars mais égale ou inférieure à deux cent cinquante mille dollars,

(vi) de trois ans à cinq ans, si l’amende est supérieure à deux cent cinquante mille dollars mais égale ou inférieure à un million de dollars,

(vii) de cinq ans à dix ans, si l’amende est supérieure à un million de dollars;

b) d’ordonner que la peine d’emprisonnement visée à l’alinéa a) soit purgée après toute autre peine d’emprisonnement infligée au contrevenant ou que celui-ci est en train de purger.

Mode facultatif de paiement

(5) L’article 736 ne s’applique pas au contrevenant à qui une amende est infligée en vertu du paragraphe (3).

L.R. (1985), ch. 42 (4 e suppl.), art. 2; 1992, ch. 1, art. 60(F); 1995, ch. 22, art. 10; 1999, ch. 5, art. 15(F); 2001, ch. 32, art. 19; 2005, ch. 44, art. 6.

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Définition de « ordonnance »

462.371 (1) Pour l’application du présent article, « ordonnance » s’entend d’une ordonnance rendue en vertu des articles 462.37 ou 462.38.

Exécution

(2) Les ordonnances sont exécutoires partout au Canada.

Dépôt dans une autre province

(3) Lorsqu’il reçoit une copie certifiée conforme d’une ordonnance rendue dans une autre province, le procureur général de la province où sont situés les biens visés par celle-ci peut l’homologuer sur dépôt au greffe de la cour supérieure de juridiction criminelle de sa province.

Dépôt par le procureur général du Canada

(4) Lorsqu’il reçoit une copie certifiée conforme d’une ordonnance rendue dans une province et visant des biens situés dans une autre province, le procureur général du Canada peut l’homologuer sur dépôt au greffe de la cour supérieure de juridiction criminelle de la province où ils sont situés.

Effet de l’homologation

(5) Une fois homologuée, l’ordonnance est exécutée comme si elle avait été rendue dans la province d’homologation.

Avis

(6) L’ordonnance homologuée ne peut être exécutée que si un avis a été donné conformément au paragraphe 462.41(2) à toutes les personnes qui, selon le tribunal compétent, semblent avoir un droit sur les biens visés.

Application de l’article 462.42

(7) L’article 462.42 s’applique, avec les adaptations nécessaires, à la personne qui prétend avoir un droit sur un bien visé par une ordonnance homologuée.

Restriction

(8) Lorsqu’une personne a fait, dans une province, une demande visant des biens faisant l’objet d’une ordonnance homologuée, elle ne peut, en application de l’article 462.42, faire, dans une autre province, une demande visant les mêmes biens.

Caractère obligatoire de certaines conclusions

(9) La cour supérieure de juridiction criminelle où l’ordonnance est homologuée est liée, en ce qui touche le bien visé par l’ordonnance, par les conclusions de la cour de la province en cause sur la question de savoir si le demandeur mentionné au paragraphe 462.42(4) est touché on non par la confiscation visée à ce paragraphe, ou sur la nature et l’étendue du droit du demandeur.

1997, ch. 18, art. 34.

Demande de confiscation

462.38 (1) Le procureur général peut demander à un juge une ordonnance de confiscation, sous le régime du présent article, visant quelque bien que ce soit lorsqu’une dénonciation a été déposée à l’égard d’une infraction désignée.

Ordonnance de confiscation

(2) Sous réserve des articles 462.39 à 462.41, le juge saisi de la demande est tenu de rendre une ordonnance de confiscation au profit de Sa Majesté de certains biens s’il est convaincu que les conditions suivantes sont réunies :

a) ces biens constituent hors de tout doute raisonnable des produits de la criminalité;

b) des procédures à l’égard d’une infraction désignée commise à l’égard de ces biens ont été commencées;

c) la personne accusée de l’infraction visée à l’alinéa b) est décédée ou s’est esquivée.

L’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec la loi.

Biens à l’étranger

(2.1) Les ordonnances visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

Définition

(3) Pour l’application du présent article, une personne est réputée s’être esquivée à l’égard d’une infraction désignée si les conditions suivantes sont réunies :

a) une dénonciation a été déposée à l’effet qu’elle aurait perpétré cette infraction;

b) un mandat d’arrestation — ou une sommation dans le cas d’une organisation — fondé sur la dénonciation a été délivré à l’égard de cette personne;

c) il a été impossible malgré des efforts raisonnables en ce sens d’arrêter cette personne ou de signifier la sommation durant la période de six mois qui suit la délivrance du mandat ou de la sommation ou, dans le cas d’une personne qui ne se trouve pas au Canada ou ne s’y est jamais trouvée, il n’a pas été possible de l’amener dans ce délai dans le ressort où le mandat ou la sommation a été délivré.

La personne est alors réputée s’être esquivée le dernier jour de cette période de six mois.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1997, ch. 18, art. 35; 2001, ch. 32, art. 20; 2003, ch. 21, art. 7.

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Déduction

462.39 Pour l’application des paragraphes 462.37(1) ou 462.38(2), le tribunal peut déduire que des biens ont été obtenus ou proviennent de la perpétration d’une infraction désignée lorsque la preuve démontre que la valeur du patrimoine de la personne accusée de cette infraction après la perpétration de l’infraction dépasse la valeur de son patrimoine avant cette perpétration et que le tribunal est convaincu que son revenu de sources non reliées à des infractions désignées ne peut raisonnablement justifier cette augmentation de valeur.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1996, ch. 19, art. 70; 2001, ch. 32, art. 21.

Cessions annulables

462.4 Avant d’ordonner la confiscation d’un bien en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2) et dans le cas d’un bien visé par une ordonnance de blocage rendue sous le régime de l’article 462.33 à la condition que celle-ci ait été signifiée en conformité avec le paragraphe 462.33(8), le tribunal peut écarter toute cession de ce bien

survenue après la saisie ou le blocage; le présent article ne vise toutefois pas les cessions qui, pour contrepartie, ont été faites de bonne foi à une personne qui ignorait l’origine criminelle des biens.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1997, ch. 18, art. 36(A); 2005, ch. 44, art. 7.

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Avis

462.41 (1) Avant de rendre une ordonnance en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2) à l’égard d’un bien, le tribunal doit exiger qu’un avis soit donné à toutes les personnes qui, à son avis, semblent avoir un droit sur le bien; le tribunal peut aussi les entendre.

Idem

(2) L’avis mentionné au paragraphe (1) :

a) est donné ou signifié de la façon que le tribunal ordonne ou que prévoient les règles de celui-ci;

b) prévoit le délai que le tribunal estime raisonnable ou que fixent les règles de celui-ci;

c) mentionne l’infraction désignée à l’origine de l’accusation et comporte une description du bien en question.

Ordonnance de restitution

(3) Le tribunal peut ordonner que des biens qui autrement seraient confisqués en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2) soient restitués en tout ou en partie à une personne — autre que celle qui est accusée d’une infraction désignée, ou qui a été déclarée coupable d’une telle infraction, ou celle qui a obtenu un titre ou un droit de possession sur ces biens d’une personne accusée d’une telle infraction dans des circonstances telles qu’elles permettent raisonnablement d’induire que l’opération a été effectuée dans l’intention d’éviter la confiscation des biens — à la condition d’être convaincu que cette personne en est le propriétaire légitime ou a droit à leur possession légitime et semble innocente de toute complicité ou de toute collusion à l’égard de la perpétration de l’infraction.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1996, ch. 19, art. 70; 1997, ch. 18, art. 37 et 140; 2001, ch. 32, art. 22; 2005, ch. 44, art. 8.

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Demandes des tiers intéressés

462.42 (1) Toute personne qui prétend avoir un droit sur un bien confisqué au profit de Sa Majesté en vertu des paragraphes 462.37(1) ou (2.01) ou 462.38(2) — à l’exception de celle qui est accusée de l’infraction désignée qui a mené à la confiscation du bien, ou qui a été déclarée coupable d’une telle infraction, ou de celle qui a obtenu un titre ou un droit de possession sur ce bien d’une personne accusée d’une telle infraction dans des circonstances telles qu’elles permettent raisonnablement d’induire que l’opération a été effectuée dans l’intention d’éviter la confiscation des biens — peut dans les trente jours suivant la confiscation demander, par écrit, à un juge de rendre en sa faveur une ordonnance en vertu du paragraphe (4).

Date d’audition

(2) Le juge saisi de la demande visée au paragraphe (1) fixe la date d’audition; celle-ci ne peut avoir lieu moins de trente jours après le dépôt de la demande.

Avis

(3) Le demandeur fait signifier un avis de sa demande et de la date d’audition au procureur général au moins quinze jours avant celle-ci.

Ordonnance : protection d’un droit

(4) Le juge qui est convaincu lors de l’audition d’une demande présentée en vertu du paragraphe (1) que le demandeur n’est pas la personne visée à ce paragraphe et semble innocent de toute complicité et de toute collusion à l’égard de l’infraction qui a donné lieu à la confiscation peut rendre une ordonnance portant que le droit du demandeur n’est pas modifié par la confiscation et déclarant la nature et l’étendue de ce droit.

Appel

(5) Le demandeur ou le procureur général peut interjeter appel à la cour d’appel d’une ordonnance rendue en vertu du paragraphe (4) et les dispositions de la partie XXI qui traitent des règles de procédure en matière d’appel s’appliquent, compte tenu des adaptations de circonstance, aux appels interjetés en vertu du présent paragraphe.

Restitution

(6) Le procureur général est tenu, sur demande qui lui est faite par une personne qui a obtenu une ordonnance en vertu du présent article et lorsque les délais d’appel sont expirés et que tout appel interjeté a fait l’objet d’une décision définitive :

a) soit d’ordonner que les biens ou la partie de ceux-ci sur lesquels porte le droit du demandeur lui soient restitués;

b) soit d’ordonner qu’une somme d’argent égale à la valeur du droit du demandeur, telle qu’il appert de l’ordonnance, lui soit remise.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1996, ch. 19, art. 70; 1997, ch. 18, art. 38 et 140; 2001, ch. 32, art. 23; 2005, ch. 44, art. 9.

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Disposition des biens saisis ou bloqués

462.43 (1) Le juge qui, à la demande du procureur général ou du titulaire d’un droit sur le bien en question ou d’office — à la condition qu’un avis soit donné au procureur général et aux personnes qui ont un droit sur le bien en question — , est convaincu qu’on n’a plus besoin d’un bien, saisi en vertu d’un mandat délivré sous le régime de l’article 462.32 ou bloqué en vertu d’une ordonnance rendue sous le régime de l’article 462.33 ou visé par un engagement contracté en vertu de l’alinéa 462.34(4)a), soit pour l’application des articles 462.37 ou 462.38 ou de toute autre disposition de la présente loi ou de toute autre loi fédérale qui traite de confiscation, soit pour une enquête, soit à titre d’élément de preuve dans d’autres procédures est tenu :

a) dans le cas d’un bien bloqué, d’annuler l’ordonnance de blocage;

b) dans le cas d’un engagement, d’annuler celui-ci;

c) dans le cas d’un bien saisi ou remis à un administrateur nommé en vertu de l’alinéa 462.331(1)a) :

(i) soit d’en ordonner la restitution au saisi ou à la personne qui l’a remis à l’administrateur, si le saisi ou cette personne en avait la possession légitime,

(ii) soit, si le saisi ou la personne qui l’a remis à l’administrateur n’en avait pas la possession légitime, d’en ordonner la remise à son véritable propriétaire ou à la personne qui a droit à sa possession légitime à la condition que le véritable propriétaire ou cette dernière personne soit connu;

toutefois, si le saisi ou la personne qui l’a remis à l’administrateur n’en avait pas la possession légitime et si le véritable propriétaire ou la personne qui a droit à sa possession légitime est inconnu, le juge peut en ordonner la confiscation au profit de Sa Majesté, l’ordonnance prévoyant qu’il est disposé du bien selon les instructions du procureur général ou autrement en conformité avec la loi.

Biens à l’étranger

(2) Les ordonnances visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 2001, ch. 32, art. 24; 2004, ch. 12, art. 7.

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Appels de certaines ordonnances

462.44 Les personnes qui s’estiment lésées par une ordonnance rendue en vertu des paragraphes 462.38(2) ou 462.41(3) ou de l’article 462.43 peuvent en appeler comme s’il s’agissait d’un appel à l’encontre d’une condamnation ou d’un acquittement, selon le cas, en vertu de la partie XXI; les dispositions de celle-ci s’appliquent à cet appel, avec les adaptations nécessaires.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1997, ch. 18, art. 39.

Suspension d’exécution pendant un appel

462.45 Par dérogation aux autres dispositions de la présente partie, l’exécution d’une ordonnance de confiscation ou de restitution de certains biens en vertu des paragraphes 462.34(4), 462.37(1) ou (2.01), 462.38(2) ou 462.41(3) ou de l’article 462.43 est suspendue jusqu’à :

a) décision définitive à l’égard de toute demande de restitution ou de confiscation de ceux-ci présentée sous le régime de l’une de ces dispositions ou d’une autre disposition de la présente loi ou d’une autre loi fédérale;

b) décision définitive sur un appel à l’égard de l’ordonnance de confiscation ou de restitution de ceux-ci;

c) décision définitive dans toutes autres procédures où le droit de saisie est contesté.

Toutefois il ne peut être disposé de biens confisqués dans les trente jours qui suivent une ordonnance de confiscation rendue en vertu de l’une de ces dispositions.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 2005, ch. 44, art. 10.

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Copies des documents restitués ou confisqués

462.46 (1) Le procureur général peut faire et conserver une copie des documents saisis avant de les remettre ou de se conformer à une ordonnance, notamment de confiscation ou de restitution, rendue en vertu des paragraphes 462.34(3) ou (4), 462.37(1) ou (2.01), 462.38(2) ou 462.41(3) ou de l’article 462.43.

Valeur probante

(2) Les copies faites en vertu du paragraphe (1) et certifiées conformes par le procureur général sont admissibles en preuve et, en l’absence de preuve contraire, ont la même valeur probante que l’original aurait eue s’il avait été déposé en preuve de la façon normale.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 2005, ch. 44, art. 11.

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Restriction du droit d’action Nullité des actions contre les informateurs

462.47 Il est entendu que, sous réserve de l’article 241 de la Loi de l’impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu’elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou qu’une autre personne a commis une infraction désignée ou s’apprête à le faire.

L.R. (1985), ch. 42 (4 e suppl.), art. 2; 1996, ch. 19, art. 70; 2001, ch. 32, art. 25 et 82; 2002, ch. 13, art. 16(F); 2004, ch. 12, art. 8(F).

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Définition de « infraction désignée (drogues et autres substances) »

462.48 (1) Au présent article, on entend par « infraction désignée (drogues et autres substances) » :

a) soit une infraction prévue à la partie I de la Loi réglementant certaines drogues et autres substances, sauf le paragraphe 4(1) de cette loi;

b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.

Communication de renseignements fiscaux

(1.1) Le procureur général peut, en conformité avec le paragraphe (2), demander une ordonnance en vertu du paragraphe (3) aux fins d’une enquête sur :

a) soit une infraction désignée (drogues et autres substances);

b) soit une infraction prévue à l’article 354 ou 462.31 qui aurait été commise à l’égard de biens, objets ou produits qui ont été obtenus ou proviennent directement ou indirectement de la perpétration au Canada d’une infraction désignée (drogues et autres substances) ou d’un acte ou d’une omission survenu à l’extérieur du Canada et qui, au Canada, aurait constitué une infraction désignée (drogues et autres substances);

c) soit un acte criminel prévu aux articles 467.11, 467.12 ou 467.13 ou le complot ou la tentative de commettre un tel acte ou la complicité après le fait à tel égard;

d) soit une infraction de terrorisme.

Demande d’ordonnance

(2) La demande d’ordonnance est à présenter à un juge par écrit et doit être faite ex parte; elle est accompagnée de l’affidavit du procureur général — ou d’une personne qu’il désigne expressément à cette fin — comportant les éléments suivants :

a) désignation de l’infraction visée par l’enquête ou de l’objet de celle-ci;

b) désignation de la personne visée par les renseignements ou les documents demandés;

c) désignation du genre de renseignements ou de documents — livre, dossier, texte, rapport ou autre document — qu’a obtenus le ministre du Revenu national — ou qui ont été obtenus en son nom — dans le cadre de l’application de la Loi de l’impôt sur le revenu et dont la communication ou l’examen est demandé;

d) les faits à l’origine des motifs raisonnables de croire que la personne mentionnée à l’alinéa b) a commis une infraction visée aux alinéas (1.1)a), b) ou c) — ou en a bénéficié — et que les renseignements ou documents demandés ont vraisemblablement une valeur importante, en soi ou avec d’autres éléments, pour l’enquête mentionnée dans la demande.

Ordonnance de communication

(3) Sous réserve des conditions qu’il estime indiquées dans l’intérêt public, le juge saisi de la demande peut ordonner au commissaire du revenu — ou à la personne que celui-ci a désignée expressément par écrit pour l’application du présent article — de permettre à un policier nommé dans l’ordonnance d’avoir accès aux renseignements ou documents demandés et de les examiner ou, si le juge l’estime nécessaire dans les circonstances, de les remettre au policier, s’il est convaincu à la fois de l’existence :

a) des faits mentionnés à l’alinéa (2)d);

b) de motifs raisonnables de croire qu’il est dans l’intérêt public d’en permettre l’accès, compte tenu des avantages pouvant vraisemblablement en résulter pour l’enquête en question.

L’ordonnance est valide pour la période que précise le juge; elle ne peut toutefois entrer en vigueur avant l’expiration d’un délai de sept jours francs suivant celui où elle est signifiée en conformité avec le paragraphe (4).

Signification

(4) Une copie de l’ordonnance est signifiée à la personne qu’elle vise; la signification se fait selon les règles du tribunal ou de la façon que le juge ordonne.

Prolongation

(5) Le juge qui rend une ordonnance en vertu du paragraphe (3) peut, à la demande du ministre du Revenu national, prolonger la période durant laquelle le destinataire de celle­ ci est tenu de s’y conformer.

Opposition à la communication

(6) Le ministre du Revenu national — ou la personne qu’il a désignée expressément par écrit pour l’application du présent article — peut s’opposer à la communication des renseignements ou documents visés par une ordonnance rendue sous le régime du paragraphe (3) en attestant, oralement ou par écrit :

a) soit qu’une entente, une convention ou un autre traité, bilatéraux ou internationaux, en matière d’impôt que le gouvernement du Canada a signés interdisent au ministre du Revenu national de les communiquer;

b) soit que les renseignements ou documents font l’objet d’un privilège reconnu par la loi;

c) soit que ces renseignements ou documents ont été placés dans un contenant scellé en conformité avec la loi ou en vertu d’une ordonnance d’un tribunal compétent;

d) soit que la communication des renseignements ou documents serait, pour toute autre raison, contraire à l’intérêt public.

Juge en chef de la Cour fédérale

(7) La validité d’une opposition fondée sur le paragraphe (6) est décidée, sur demande, conformément au paragraphe (8) par le juge en chef de la Cour fédérale ou tout autre juge de cette cour qu’il charge de l’audition de ce genre de demande.

Décision

(8) Le juge saisi d’une opposition peut examiner les documents ou renseignements dont la communication est demandée, s’il l’estime nécessaire pour rendre sa décision, et doit déclarer l’opposition fondée et interdire la communication s’il constate l’existence d’une des circonstances prévues au paragraphe (6).

Délai

(9) Le délai à l’intérieur duquel la demande visée au paragraphe (7) peut être présentée est de dix jours suivant l’opposition, mais le juge en chef de la Cour fédérale ou le juge de cette cour qu’il charge de l’audition de ce genre de demande peut modifier ce délai s’il l’estime indiqué.

Appel devant la Cour d’appel fédérale

(10) Il y a appel de la décision visée au paragraphe (7) devant la Cour d’appel fédérale.

Délai d’appel

(11) Le délai à l’intérieur duquel l’appel prévu au paragraphe (10) peut être interjeté est de dix jours suivant la date de la décision frappée d’appel, mais la Cour d’appel fédérale peut le proroger si elle l’estime indiqué dans les circonstances.

Règles spéciales

(12) Les demandes visées au paragraphe (7) font, en premier ressort ou en appel, l’objet d’une audition à huis clos; celle-ci a lieu dans la région de la capitale nationale définie à l’annexe de la Loi sur la capitale nationale si la personne qui s’oppose à la communication le demande.

Présentation ex parte

(13) La personne qui a formulé une opposition qui fait l’objet d’une demande ou d’un appel a, au cours des auditions, en première instance ou en appel et sur demande, le droit de présenter des arguments ex parte.

Copies

(14) Lorsque des renseignements ou documents sont remis à une personne en application du paragraphe (3) ou lorsqu’elle est autorisée à les examiner, celle-ci ou un fonctionnaire de l’Agence du revenu du Canada peut en faire une copie; toute copie faite en vertu du présent paragraphe fait preuve de la nature et du contenu de l’original et a la même valeur probante que celui-ci aurait eue s’il avait été déposé en preuve de la façon normale.

Communication subséquente

(15) Il est interdit aux personnes à qui des renseignements ou documents ont été communiqués ou remis en vertu du présent paragraphe ou d’une ordonnance rendue sous le régime du paragraphe (3) de les communiquer par la suite à d’autres personnes, sauf dans le cadre de l’enquête qui a donné lieu à l’ordonnance.

Formule

(16) L’ordonnance peut être rendue au moyen de la formule 47.

Définition de « policier »

(17) Au présent article, « policier » s’entend d’un officier ou d’un agent de police ou de toute autre personne chargée du maintien de la paix publique.

L.R. (1985), ch. 42 (4e suppl.), art. 2; 1994, ch. 13, art. 7; 1996, ch. 19, art. 70; 1997, ch. 23, art. 10; 1999, ch. 17, art. 120; 2001, ch. 32, art. 26, ch. 41, art. 15 et 133; 2005, ch. 38, art. 138 et 140.

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Autres dispositions en matière de confiscation Maintien des dispositions spécifiques

462.49 (1) La présente partie ne porte pas atteinte aux autres dispositions de la présente loi ou de toute autre loi fédérale qui visent la confiscation de biens.

Priorité aux victimes

(2) Les biens d’un contrevenant ne peuvent être affectés à l’exécution d’une disposition de la présente loi ou d’une autre loi fédérale en matière de confiscation que dans la mesure où ils ne sont pas requis dans le cadre d’une autre disposition de la présente loi ou d’une autre loi fédérale en matière de restitution aux victimes d’infractions criminelles ou de leur dédommagement.

L.R. (1985), ch. 42 (4e suppl.), art. 2.

Règlements Règlements

462.5 Le procureur général peut prendre des règlements sur la façon dont il peut être disposé des biens confisqués sous le régime de la présente partie.

L.R. (1985), ch. 42 (4e suppl.), art. 2.

PARTIE XIII

TENTATIVES — COMPLOTS — COMPLICES Punition de la tentative et de la complicité

463. Sauf disposition expressément contraire de la loi, les dispositions suivantes s’appliquent à l’égard des personnes qui tentent de commettre des infractions ou sont complices, après le fait, de la perpétration d’infractions :

a) quiconque tente de commettre un acte criminel pour lequel, sur déclaration de culpabilité, un accusé est passible de l’emprisonnement à perpétuité, ou est complice, après le fait, de la perpétration d’un tel acte criminel, est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans;

b) quiconque tente de commettre un acte criminel pour lequel, sur déclaration de culpabilité, un accusé est passible d’un emprisonnement de quatorze ans ou moins, ou est complice, après le fait, de la perpétration d’un tel acte criminel, est coupable d’un acte criminel et passible d’un emprisonnement égal à la moitié de la durée de l’emprisonnement maximal encouru par une personne coupable de cet acte;

c) quiconque tente de commettre une infraction punissable sur déclaration de culpabilité par procédure sommaire, ou est complice, après le fait, de la perpétration d’une telle infraction, est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire;

d) quiconque tente de commettre une infraction pour laquelle l’accusé peut être poursuivi par mise en accusation ou punissable sur déclaration de culpabilité par procédure sommaire ou est complice après le fait de la commission d’une telle infraction est coupable :

(i) soit d’un acte criminel et passible d’une peine d’emprisonnement égale à la moitié de la peine d’emprisonnement maximale dont est passible une personne déclarée coupable de cette infraction,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 463; L.R. (1985), ch. 27 (1er suppl.), art. 59; 1998, ch. 35, art. 120.

Conseiller une infraction qui n’est pas commise

464. Sauf disposition expressément contraire de la loi, les dispositions suivantes s’appliquent à l’égard des personnes qui conseillent à d’autres personnes de commettre des infractions :

a) quiconque conseille à une autre personne de commettre un acte criminel est, si l’infraction n’est pas commise, coupable d’un acte criminel et passible de la même peine que celui qui tente de commettre cette infraction;

b) quiconque conseille à une autre personne de commettre une infraction punissable sur déclaration de culpabilité par procédure sommaire est, si l’infraction n’est pas commise, coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 464; L.R. (1985), ch. 27 (1er suppl.), art. 60.

Complot

465. (1) Sauf disposition expressément contraire de la loi, les dispositions suivantes s’appliquent à l’égard des complots :

a) quiconque complote avec quelqu’un de commettre un meurtre ou de faire assassiner une autre personne, au Canada ou à l’étranger, est coupable d’un acte criminel et passible de l’emprisonnement à perpétuité;

b) quiconque complote avec quelqu’un de poursuivre une personne pour une infraction présumée, sachant qu’elle n’a pas commis cette infraction, est coupable d’un acte criminel et passible :

(i) d’un emprisonnement maximal de dix ans, si la prétendue infraction en est une pour laquelle, sur déclaration de culpabilité, cette personne serait passible de l’emprisonnement à perpétuité ou d’un emprisonnement maximal de quatorze ans,

(ii) d’un emprisonnement maximal de cinq ans, si la prétendue infraction en est une pour laquelle, sur déclaration de culpabilité, cette personne serait passible d’un emprisonnement de moins de quatorze ans;

c) quiconque complote avec quelqu’un de commettre un acte criminel que ne vise pas l’alinéa a) ou b) est coupable d’un acte criminel et passible de la même peine que celle dont serait passible, sur déclaration de culpabilité, un prévenu coupable de cette infraction;

d) quiconque complote avec quelqu’un de commettre une infraction punissable sur déclaration de culpabilité par procédure sommaire est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

(2) [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 61]

Complot en vue de commettre une infraction

(3) Les personnes qui, au Canada, complotent de commettre, à l’étranger, des infractions visées au paragraphe (1) et également punissables dans ce pays sont réputées l’avoir fait en vue de les commettre au Canada.

Idem

(4) Les personnes qui, à l’étranger, complotent de commettre, au Canada, les infractions visées au paragraphe (1) sont réputées avoir comploté au Canada.

Compétence

(5) Lorsqu’il est allégué qu’une personne a comploté de faire quelque chose qui est une infraction en vertu des paragraphes (3) ou (4), des procédures peuvent être engagées à l’égard de cette infraction dans toute circonscription territoriale du Canada, que l’accusé soit ou non présent au Canada et il peut subir son procès et être puni à l’égard de cette infraction comme si elle avait été commise dans cette circonscription territoriale.

Comparution de l’accusé lors du procès

(6) Il est entendu que s’appliquent aux procédures engagées dans une circonscription territoriale en conformité avec le paragraphe (5) les dispositions de la présente loi concernant :

a) l’obligation pour un accusé d’être présent et de demeurer présent lors des procédures;

b) les exceptions à cette obligation.

Cas d’un jugement antérieur rendu à l’étranger

(7) Lorsqu’il est allégué qu’une personne a comploté de faire quelque chose qui est une infraction en vertu des paragraphes (3) ou (4) et que cette personne a subi son procès et a été traitée à l’étranger à l’égard de l’infraction de manière que, si elle avait subi son procès ou avait été traitée au Canada, elle pourrait invoquer les moyens de défense d’autrefois acquit, d’autrefois convict ou de pardon, elle est réputée avoir subi son procès et avoir été traitée au Canada.

L.R. (1985), ch. C-46, art. 465; L.R. (1985), ch. 27 (1er suppl.), art. 61; 1998, ch. 35, art. 121.

Complot de restreindre le commerce

466. (1) Un complot en vue de restreindre le commerce est une convention entre deux ou plusieurs personnes pour accomplir ou faire accomplir un acte illégal destiné à restreindre le commerce.

Syndicats exceptés

(2) Les objets d’un syndicat ne sont pas illégaux au sens du paragraphe (1) pour la seule raison qu’ils restreignent le commerce.

L.R. (1985), ch. C-46, art. 466; 1992, ch. 1, art. 60(F).

Réserve

467. (1) Nul ne peut être déclaré coupable de l’infraction de complot, du seul fait que, selon le cas :

a) il refuse de travailler avec un ouvrier ou pour un patron;

b) il accomplit un acte ou fait accomplir un acte aux fins d’une entente industrielle ou coalition industrielle, à moins que cet acte ne constitue une infraction expressément punissable par la loi.

Définition de « entente industrielle » ou « coalition industrielle »

(2) Au présent article, « entente industrielle » ou « coalition industrielle » désigne toute entente entre patrons ou ouvriers ou d’autres personnes pour réglementer ou changer les rapports entre patrons ou ouvriers ou la conduite d’un patron dans ses affaires ou d’un ouvrier dans son emploi ou contrat de travail ou service, ou concernant ces affaires, emploi, contrat de travail ou service.

S.R., ch. C-34, art. 425.

Définitions

467.1 (1) Les définitions qui suivent s’appliquent à la présente loi.

« infraction grave »

“serious offence”

« infraction grave » Tout acte criminel — prévu à la présente loi ou à une autre loi fédérale — passible d’un emprisonnement maximal de cinq ans ou plus, ou toute autre infraction désignée par règlement.

« organisation criminelle »

“criminal organization”

« organisation criminelle » Groupe, quel qu’en soit le mode d’organisation :

a) composé d’au moins trois personnes se trouvant au Canada ou à l’étranger;

b) dont un des objets principaux ou une des activités principales est de commettre ou de faciliter une ou plusieurs infractions graves qui, si elles étaient commises, pourraient lui procurer — ou procurer à une personne qui en fait partie — , directement ou indirectement, un avantage matériel, notamment financier.

La présente définition ne vise pas le groupe d’individus formé au hasard pour la perpétration immédiate d’une seule infraction.

Facilitation

(2) Pour l’application du présent article et de l’article 467.11, il n’est pas nécessaire, pour qu’il y ait facilitation d’une infraction, que la nature de celle-ci soit connue, ni que l’infraction soit réellement commise.

Perpétration d’une infraction

(3) Au présent article et aux articles 467.11 à 467.13, le fait de commettre une infraction comprend le fait de participer à sa perpétration ou de conseiller à une personne d’y participer.

Règlement

(4) Le gouverneur en conseil peut, par règlement, désigner les infractions qui sont comprises dans la définition de « infraction grave » au paragraphe (1).

1997, ch. 23, art. 11; 2001, ch. 32, art. 27.

Participation aux activités d’une organisation criminelle

467.11 (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de cinq ans quiconque sciemment, par acte ou omission, participe à une activité d’une organisation criminelle ou y contribue dans le but d’accroître la capacité de l’organisation de faciliter ou de commettre un acte criminel prévu à la présente loi ou à une autre loi fédérale.

Poursuite

(2) Dans une poursuite pour l’infraction prévue au paragraphe (1), le poursuivant n’a pas à établir les faits suivants :

a) l’organisation criminelle a réellement facilité ou commis un acte criminel;

b) la participation ou la contribution de l’accusé a accru la capacité de l’organisation criminelle de faciliter ou de commettre un acte criminel;

c) l’accusé connaissait la nature exacte d’un acte criminel susceptible d’avoir été facilité ou commis par l’organisation criminelle;

d) l’accusé connaissait l’identité de quiconque fait partie de l’organisation criminelle.

Facteurs

(3) Pour déterminer si l’accusé participe ou contribue à une activité d’une organisation criminelle, le tribunal peut notamment prendre en compte les faits suivants :

a) l’accusé utilise un nom, un mot, un symbole ou une autre représentation qui identifie l’organisation criminelle ou y est associée;

b) il fréquente quiconque fait partie de l’organisation criminelle;

c) il reçoit des avantages de l’organisation criminelle;

d) il exerce régulièrement des activités selon les instructions d’une personne faisant partie de l’organisation criminelle.

2001, ch. 32, art. 27.

Infraction au profit d’une organisation criminelle

467.12 (1) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans quiconque commet un acte criminel prévu à la présente loi ou à une autre loi fédérale au profit ou sous la direction d’une organisation criminelle, ou en association avec elle.

Poursuite

(2) Dans une poursuite pour l’infraction prévue au paragraphe (1), le poursuivant n’a pas à établir que l’accusé connaissait l’identité de quiconque fait partie de l’organisation criminelle.

2001, ch. 32, art. 27.

Charger une personne de commettre une infraction

467.13 (1) Est coupable d’un acte criminel et passible d’un emprisonnement à perpétuité quiconque fait partie d’une organisation criminelle et, sciemment, charge directement ou indirectement une personne de commettre une infraction prévue à la présente loi ou à une autre loi fédérale au profit ou sous la direction de l’organisation criminelle, ou en association avec elle.

Poursuite

(2) Dans une poursuite pour l’infraction prévue au paragraphe (1), le poursuivant n’a pas à établir les faits suivants :

a) une infraction, autre que celle prévue à ce paragraphe, a réellement été commise;

b) l’accusé a chargé une personne en particulier de commettre l’infraction;

c) l’accusé connaissait l’identité de toutes les personnes faisant partie de l’organisation criminelle.

2001, ch. 32, art. 27.

Peines consécutives

467.14 La peine infligée à une personne pour une infraction prévue aux articles 467.11, 467.12 ou 467.13 est purgée consécutivement à toute autre peine sanctionnant une autre infraction basée sur les mêmes faits et à toute autre peine en cours d’exécution.

2001, ch. 32, art. 27.

Pouvoirs du procureur général du Canada

467.2 (1) Par dérogation à la définition de « procureur général » à l’article 2, le procureur général du Canada peut intenter des poursuites :

a) à l’égard de l’infraction prévue à l’article 467.11;

b) à l’égard d’une autre infraction d’organisation criminelle dans les cas où l’infraction présumée découle de comportements constituant en tout ou en partie une présumée contravention à une loi fédérale autre que la présente loi ou aux règlements d’application de cette loi fédérale.

À cette fin, il a tous les pouvoirs et fonctions attribués en vertu de la présente loi au procureur général.

Pouvoirs du procureur d’une province

(2) Le paragraphe (1) n’a pas pour effet de porter atteinte à la compétence dont dispose le procureur général d’une province d’intenter des poursuites à l’égard d’une infraction mentionnée aux articles 467.11, 467.12 ou 467.13 ou d’exercer tous les pouvoirs et fonctions attribués en vertu de la présente loi au procureur général.

1997, ch. 23, art. 11; 2001, ch. 32, art. 28.

PARTIE XIV

JURIDICTION Dispositions générales Cour supérieure de juridiction criminelle

468. Toute cour supérieure de juridiction criminelle est compétente pour juger un acte criminel.

S.R., ch. C-34, art. 426.

Cour de juridiction criminelle

469. Toute cour de juridiction criminelle est compétente pour juger un acte criminel autre :

a) qu’une infraction visée par l’un des articles suivants :

(i) l’article 47 (trahison),

(ii) l’article 49 (alarmer Sa Majesté),

(iii) l’article 51 (intimider le Parlement ou une législature),

(iv) l’article 53 (incitation à la mutinerie),

(v) l’article 61 (infractions séditieuses),

(vi) l’article 74 (piraterie),

(vii) l’article 75 (actes de piraterie),

(viii) l’article 235 (meurtre);

Complicité

b) que l’infraction d’être complice après le fait d’une haute trahison, d’une trahison ou d’un meurtre;

c) qu’une infraction aux termes de l’article 119 (corruption) par le détenteur de fonctions judiciaires;

Crimes contre l’humanité

c.1) qu’une infraction visée à l’un des articles 4 à 7 de la Loi sur les crimes contre l’humanité et les crimes de guerre;

Tentatives

d) que l’infraction de tentative de commettre une infraction mentionnée aux sous-alinéas a)(i) à (vii);

Complot

e) que l’infraction de comploter en vue de commettre une infraction mentionnée à l’alinéa a).

L.R. (1985), ch. C-46, art. 469; L.R. (1985), ch. 27 (1er suppl.), art. 62; 2000, ch. 24, art. 44.

Juridiction sur les personnes

470. Sous réserve des autres dispositions de la présente loi, toute cour supérieure de juridiction criminelle, comme toute cour de juridiction criminelle qui a le pouvoir de juger un acte criminel, est compétente pour juger un accusé à l’égard de cette infraction dans l’un ou l’autre des cas suivants :

a) le prévenu est trouvé, arrêté ou sous garde dans la juridiction territoriale du tribunal;

b) il a été ordonné au prévenu d’être jugé :

(i) devant ce tribunal,

(ii) devant tout autre tribunal dont la juridiction a été, par autorisation légitime, transférée à ce tribunal.

L.R. (1985), ch. C-46, art. 470; L.R. (1985), ch. 27 (1er suppl.), art. 101.

Quand le procès par jury est obligatoire

471. Sauf disposition expressément contraire de la loi, tout prévenu inculpé d’un acte criminel doit être jugé par un tribunal composé d’un juge et d’un jury.

S.R., ch. C-34, art. 429.

472. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 63]

Procès sans jury

473. (1) Nonobstant toute autre disposition de la présente loi, une personne accusée d’une infraction visée à l’article 469 peut être jugée sans jury par un juge d’une cour supérieure de juridiction criminelle si elle-même et le procureur général y consentent.

Ordonnance pour réunir plusieurs infractions en un même procès

(1.1) Le juge d’une cour supérieure de juridiction criminelle qui préside un procès pour une infraction prévue à l’article 469 peut, si les parties y consentent conformément au paragraphe (1), ordonner que l’accusé subisse son procès devant lui à l’égard de toute autre infraction.

Retrait du consentement

(2) Nonobstant toute autre disposition de la présente loi, le consentement accordé par le procureur général et l’accusé conformément au paragraphe (1) ne peut être retiré que si l’accusé et le procureur général y consentent tous deux.

L.R. (1985), ch. C-46, art. 473; L.R. (1985), ch. 27 (1er suppl.), art. 63; 1994, ch. 44, art. 30.

Ajournement lorsque aucun jury n’a été convoqué

474. (1) Le greffier du tribunal peut, lorsque l’autorité compétente a décidé qu’aucune liste de jurés ne doit être convoquée pour une session du tribunal aux fins d’instruction de causes criminelles dans une circonscription territoriale, le jour de l’ouverture de la session, en l’absence d’un juge pour présider le tribunal ajourner les affaires de celui-ci à une date ultérieure.

Ajournement à la demande du juge

(2) Le greffier du tribunal chargé de l’instruction de causes criminelles dans une circonscription territoriale peut, en tout temps, à la demande d’un juge de ce tribunal, ajourner les affaires de celui-ci à une date ultérieure.

L.R. (1985), ch. C-46, art. 474; 1994, ch. 44, art. 31.

Absence du prévenu au cours de l’instruction

475. (1) Nonobstant les autres dispositions de la présente loi, lorsqu’un prévenu, inculpé conjointement ou non, s’esquive au cours de son procès :

a) ce dernier est réputé avoir renoncé à son droit d’y assister;

b) le tribunal peut :

(i) poursuivre le procès et rendre un jugement ou un verdict et, s’il déclare le prévenu coupable, lui imposer une sentence, en son absence,

(ii) en cas de délivrance d’un mandat d’arrestation rédigé selon la formule 7, ajourner le procès jusqu’à comparution du prévenu.

En cas d’ajournement conformément au sous-alinéa b)(ii), le tribunal peut reprendre et poursuivre le procès dès qu’il estime qu’il est dans l’intérêt de la justice de le faire.

Conclusion défavorable

(2) Le tribunal qui poursuit le procès conformément au paragraphe (1) peut tirer une conclusion défavorable au prévenu du fait qu’il s’est esquivé.

Impossibilité pour le prévenu de faire rouvrir les procédures

(3) Le prévenu qui, après s’être esquivé, comparaît à nouveau à son procès alors que celui-ci se poursuit conformément au paragraphe (1) ne peut faire rouvrir les procédures menées en son absence que si le tribunal est convaincu qu’il est dans l’intérêt de la justice de le faire en raison de circonstances exceptionnelles.

Représentation

(4) Lorsque le prévenu qui s’est esquivé au cours de son procès ne comparaît pas, alors que son procès se poursuit, son avocat conserve le pouvoir de le représenter.

L.R. (1985), ch. C-46, art. 475; L.R. (1985), ch. 27 (1er suppl.), art. 185(F), ch. 1 (4e suppl.), art. 18(F).

Juridiction spéciale Juridiction spéciale

476. Pour l’application de la présente loi :

a) lorsqu’une infraction est commise dans des eaux, sur des eaux, ou sur un pont, entre deux ou plusieurs circonscriptions territoriales, l’infraction est censée avoir été commise dans n’importe laquelle des circonscriptions territoriales;

b) lorsqu’une infraction est commise sur la limite de deux ou plusieurs circonscriptions territoriales, ou dans les cinq cents mètres d’une telle limite, ou si elle est commencée dans l’une de ces circonscriptions et consommée dans une autre, l’infraction est censée avoir été commise en n’importe laquelle des circonscriptions territoriales;

c) lorsqu’une infraction est commise dans ou sur un véhicule employé à faire un voyage, ou à bord d’un navire employé sur une rivière, un canal ou une eau interne navigable, l’infraction est censée avoir été commise dans toute circonscription territoriale à travers laquelle a passé le véhicule ou le navire dans le cours du trajet ou voyage où l’infraction a été commise; si le centre ou toute autre partie de la route ou de la rivière, du canal ou de l’eau interne navigable qu’a suivie le véhicule ou le navire dans le cours du trajet ou voyage, constitue la délimitation de deux circonscriptions territoriales ou plus, l’infraction est censée avoir été commise dans n’importe laquelle des circonscriptions territoriales;

d) lorsqu’une infraction est commise dans un aéronef au cours d’une envolée de cet aéronef, elle est censée avoir été commise :

(i) soit dans la circonscription territoriale où l’envolée a commencé,

(ii) soit dans n’importe laquelle des circonscriptions territoriales que l’aéronef a survolées au cours de son envolée,

(iii) soit dans la circonscription territoriale où l’envolée a pris fin;

e) lorsqu’une infraction est commise à l’égard du courrier pendant sa livraison à domicile, l’infraction est censée avoir été commise dans toute circonscription territoriale à travers laquelle le courrier a été transporté durant cette livraison.

L.R. (1985), ch. C-46, art. 476; L.R. (1985), ch. 27 (1er suppl.), art. 186; 1992, ch. 1, art. 58.

Définition de « navire »

477. (1) Aux articles 477.1 à 477.4, « navire » s’entend de tout genre de bâtiment, bateau ou embarcation conçu, utilisé ou utilisable, exclusivement ou non, pour la navigation maritime, autopropulsé ou non et indépendamment de son mode de propulsion.

Réserve

(2) Les articles 477.1 à 477.4 n’ont pas pour effet de porter atteinte à l’application de toute autre loi fédérale ou de limiter la compétence qu’un tribunal possède indépendamment d’eux.

L.R. (1985), ch. C-46, art. 477; 1990, ch. 44, art. 15; 1996, ch. 31, art. 67.

Infraction commise à l’extérieur du Canada

477.1 Le fait — acte ou omission — qui, survenu au Canada, constituerait une infraction au droit fédéral — au sens de l’article 2 de la Loi sur les océans — est réputé y avoir été commis s’il est survenu :

a) dans la zone économique exclusive du Canada et que :

(i) d’une part, son auteur s’y trouvait aux fins d’exploration ou d’exploitation, de conservation ou de gestion des ressources naturelles, biologiques ou non,

(ii) d’autre part, il vise un citoyen canadien ou un résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés;

b) dans un lieu situé sur le plateau continental du Canada ou dans l’espace marin ou aérien correspondant et constitue une infraction dans ce lieu par application de l’article 20 de la Loi sur les océans;

c) à l’extérieur du Canada, à bord ou au moyen d’un navire immatriculé ou auquel un permis ou un numéro d’enregistrement a été accordé sous le régime d’une loi fédérale;

d) à l’extérieur du Canada, lors d’une poursuite immédiate;

e) à l’extérieur du territoire de tout État si son auteur est citoyen canadien.

1990, ch. 44, art. 15; 1996, ch. 31, art. 68; 2001, ch. 27, art. 247.

Consentement du procureur général

477.2 (1) Il est mis fin aux poursuites relatives à toute infraction présumée avoir été commise, dans les limites de la mer territoriale du Canada à bord d’un navire immatriculé à l’extérieur du Canada, par une personne n’ayant pas la citoyenneté canadienne, à moins que le procureur général du Canada n’ait donné son consentement au plus tard huit jours après qu’elles ont été intentées.

Exception

(1.1) Le paragraphe (1) ne s’applique pas à la poursuite pour une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Consentement du procureur général

(2) Il est mis fin aux poursuites relatives à une infraction qui, d’une part, est présumée avoir été commise à bord d’un navire immatriculé à l’extérieur du Canada par une personne n’ayant pas la citoyenneté canadienne et qui, d’autre part, ne ressortit aux tribunaux que par application des alinéas 477.1a) ou b), à moins que le procureur général du Canada n’ait donné son consentement au plus tard huit jours après qu’elles ont été intentées.

Consentement du procureur général

(3) Il est mis fin aux poursuites relatives à une infraction qui ne ressortit aux tribunaux que par application des alinéas 477.1d) ou e), à moins que le procureur général du Canada n’ait donné son consentement au plus tard huit jours après qu’elles ont été intentées.

Dépôt du consentement

(4) Le consentement du procureur général est déposé auprès du greffier du tribunal où sont intentées les poursuites.

1990, ch. 44, art. 15; 1994, ch. 44, art. 32; 1996, ch. 31, art. 69.

Exercice de pouvoirs d’arrestation, d’accès à des lieux, etc.

477.3 (1) Tous les pouvoirs — notamment ceux d’arrestation, d’accès à des lieux, de perquisition, de fouille et de saisie — qui peuvent être exercés au Canada à l’égard d’un fait visé à l’article 477.1 peuvent l’être à cet égard et dans les circonstances mentionnées à cet article :

a) à l’endroit ou à bord du navire ou de l’ouvrage en mer — au sens de l’article 2 de la Loi sur les océans — où le fait est survenu;

b) au-delà de la mer territoriale d’un autre État, dans les cas de poursuite.

Pouvoirs des tribunaux

(2) Un juge de paix ou un juge de toute circonscription territoriale au Canada a compétence pour autoriser les mesures d’enquête et autres mesures accessoires — notamment en matière d’arrestation, d’accès à des lieux, de perquisition, de fouille et de saisie — à l’égard d’une infraction soit visée à l’article 477.1, soit commise dans les limites de la mer territoriale du Canada ou dans un espace maritime faisant partie des eaux intérieures du Canada, comme si elle avait été perpétrée dans son ressort ordinaire.

Réserve

(3) Dans le cas où un fait qui ne constitue une infraction que par application de l’article 477.1 est présumé survenu à bord d’un navire immatriculé à l’extérieur du Canada, les pouvoirs mentionnés au paragraphe (1) ne peuvent être exercés à l’extérieur du Canada à l’égard de ce fait sans le consentement du procureur général du Canada.

1990, ch. 44, art. 15; 1996, ch. 31, art. 70.

477.4 (1) et (2) [Abrogés, 1996, ch. 31, art. 71]

Preuve

(3) Dans toute procédure intentée à l’égard d’une infraction, fait foi de son contenu, de façon concluante, le certificat, selon le cas :

a) visé au paragraphe 23(1) de la Loi sur les océans;

b) délivré sous l’autorité du ministre des Affaires étrangères et attestant qu’un lieu se trouvait à un moment donné soit dans une partie d’une zone de pêche non comprise dans les eaux intérieures ou la mer territoriale du Canada, soit à l’extérieur de tout État.

Le certificat est recevable en preuve sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Non-exigibilité du certificat

(4) Le certificat visé au paragraphe (3) est recevable en preuve dans les procédures que mentionne ce paragraphe, mais sa production n’est pas susceptible de contrainte.

1990, ch. 44, art. 15; 1995, ch. 5, art. 25; 1996, ch. 31, art. 71.

Infraction entièrement commise dans une province

478. (1) Sous réserve des autres dispositions de la présente loi, un tribunal d’une province ne peut juger une infraction entièrement commise dans une autre province.

Exception

(2) Tout propriétaire, éditeur, rédacteur en chef ou autre individu accusé d’avoir publié un libelle diffamatoire dans un journal, ou d’avoir comploté de publier un libelle diffamatoire dans un journal, doit être traité selon la loi, mis en accusation, jugé et puni dans la province où il réside ou dans laquelle le journal est imprimé.

Idem

(3) Le prévenu inculpé d’une infraction qui aurait été commise au Canada, à l’extérieur de la province dans laquelle il se trouve, peut, si l’infraction n’est pas l’une de celles que mentionne l’article 469, avec le consentement :

a) du procureur général du Canada dans le cas de poursuites engagées à la demande du gouvernement du Canada et dirigées par ce gouvernement ou pour son compte;

b) du procureur général de la province où l’infraction aurait été commise, dans les autres cas,

comparaître devant un tribunal ou un juge qui aurait eu juridiction pour connaître de cette infraction si elle avait été commise à l’endroit où le prévenu se trouve, et lorsqu’il signifie qu’il consent à plaider coupable et plaide coupable pour cette infraction, le tribunal ou le juge déclare qu’il a commis l’infraction et inflige la peine autorisée par la loi, mais s’il ne signifie pas qu’il consent à plaider coupable et ne plaide pas coupable, il est, s’il était en détention avant sa comparution, remis en détention et traité selon que le prévoit la loi.

Lorsque le prévenu est renvoyé pour subir son procès

(4) Nonobstant le fait qu’un prévenu mentionné au paragraphe (3) a été renvoyé pour subir son procès ou qu’une accusation a été intentée contre lui relativement à l’infraction pour laquelle il désire plaider coupable, il est censé uniquement être inculpé de cette infraction sans qu’une enquête préliminaire n’ait été faite ou qu’une accusation n’ait été intentée relativement à cette infraction.

Définition de « journal »

(5) Au présent article, « journal » a le sens que lui donne l’article 297.

L.R. (1985), ch. C-46, art. 478; L.R. (1985), ch. 27 (1er suppl.), art. 64 et 101(A); 1994, ch. 44, art. 33(A).

Infraction dans la même province

479. Le prévenu inculpé d’une infraction qui aurait été commise dans la province où il se trouve peut, si l’infraction n’est pas l’une de celles que mentionne l’article 469, avec le consentement :

a) du procureur général du Canada, dans le cas de poursuites engagées à la demande du gouvernement du Canada et dirigées par ce gouvernement ou pour son compte;

b) du procureur général de la province où l’infraction aurait été commise, dans les autres cas,

comparaître devant un tribunal ou un juge qui aurait eu juridiction pour connaître de cette infraction si elle avait été commise à l’endroit où le prévenu se trouve, et lorsqu’il signifie qu’il consent à plaider coupable et plaide coupable pour cette infraction, le tribunal ou le juge le déclare coupable de l’infraction et inflige la peine autorisée par la loi, mais s’il ne signifie pas qu’il consent à plaider coupable et ne plaide pas coupable, il est, s’il était en détention avant sa comparution, remis en détention et traité conformément à la loi.

L.R. (1985), ch. C-46, art. 479; L.R. (1985), ch. 27 (1er suppl.), art. 65; 1994, ch. 44, art. 34(A).

Infraction sur un territoire non organisé

480. (1) Lorsqu’une infraction est commise dans une étendue de pays non organisée d’une province ou sur un lac, une rivière, un fleuve ou autre nappe d’eau qui s’y trouve, non compris dans une circonscription territoriale ou un district judiciaire provisoire, les poursuites en l’espèce peuvent être engagées et un prévenu peut être inculpé, jugé et puni pour cette infraction dans toute circonscription territoriale ou tout district judiciaire provisoire de la province de la même manière que si l’infraction avait été commise dans cette circonscription territoriale ou ce district judiciaire provisoire.

Nouvelle circonscription territoriale

(2) Lorsqu’un district judiciaire provisoire ou une nouvelle circonscription territoriale est constitué dans une étendue non organisée que mentionne le paragraphe (1), la juridiction conférée par ce paragraphe demeure tant que la loi ne pourvoit pas, de façon appropriée, à l’administration de la justice pénale dans ce district judiciaire provisoire ou cette nouvelle circonscription territoriale.

S.R., ch. C-34, art. 436.

Infraction dans un endroit qui ne fait pas partie d’une province

481. Lorsqu’une infraction est commise en une partie du Canada qui n’est pas dans une province, les poursuites en l’espèce peuvent être engagées et le prévenu peut être inculpé, jugé et puni dans toute circonscription territoriale de n’importe quelle province, de la même manière que si l’infraction avait été commise dans cette circonscription territoriale.

S.R., ch. C-34, art. 437.

Infraction commise dans les eaux canadiennes

481.1 L’infraction commise dans les limites de la mer territoriale du Canada ou de tout espace maritime faisant partie des eaux intérieures du Canada peut être poursuivie, jugée et punie dans toute circonscription territoriale du Canada comme si l’infraction avait été commise dans cette circonscription, que l’accusé soit présent ou non au Canada.

1996, ch. 31, art. 72.

Infraction commise à l’extérieur du Canada

481.2 Sous réserve des autres dispositions de la présente loi et de toute autre loi fédérale, le fait — acte ou omission — survenu à l’extérieur du Canada et constituant, même dans ce cas, une infraction à la présente loi ou à une autre loi fédérale peut être poursuivi, jugé et puni dans toute circonscription territoriale du Canada comme s’il était survenu dans cette circonscription, que l’accusé soit présent ou non au Canada.

1996, ch. 31, art. 72; 2008, ch. 18, art. 10.

Version précédente

Comparution de l’accusé au procès

481.3 Il est entendu que les dispositions de la présente loi qui régissent la comparution de l’accusé dans le cadre des procédures le concernant s’appliquent aux poursuites visées par les articles 481, 481.1 et 481.2.

1996, ch. 31, art. 72.

Règles de cour Pouvoir d’établir des règles

482. (1) Toute cour supérieure de juridiction criminelle, ainsi que toute cour d’appel, peut établir des règles de cour non incompatibles avec la présente loi ou toute autre loi

fédérale, et les règles ainsi établies s’appliquent à toute poursuite, procédure, action ou tout appel, selon le cas, de la compétence de ce tribunal, intenté à l’égard de toute matière de nature pénale ou découlant de quelque semblable poursuite, procédure, action ou appel, ou s’y rattachant.

Pouvoir d’établir des règles

(2) Sous réserve de l’approbation du lieutenant-gouverneur en conseil de la province en question, chacun des tribunaux ci-après peut établir des règles de cour compatibles avec la présente loi et toute autre loi fédérale, lesquelles règles s’appliquent à toute poursuite ou procédure — notamment une enquête préliminaire ou une procédure au sens de la partie XXVII — , à toute action ou à tout appel de la compétence de ce tribunal qui est intenté à l’égard de toute matière de nature pénale, découle de la poursuite, la procédure, l’action ou l’appel ou s’y rattache :

a) toute cour de juridiction criminelle dans la province;

b) toute cour d’appel au sens de l’article 812 qui n’est pas un tribunal visé au paragraphe (1);

c) la Cour de justice de l’Ontario;

d) la Cour du Québec et toute cour municipale au Québec;

e) la Provincial Court of Nova Scotia;

f) la Cour provinciale du Nouveau-Brunswick;

g) la Cour provinciale du Manitoba;

h) la Provincial Court of British Columbia;

i) la Provincial Court of Prince Edward Island;

j) la Provincial Court of Saskatchewan;

k) la Provincial Court of Alberta;

l) la Provincial Court of Newfoundland;

m) la Cour territoriale du Yukon;

n) la Cour territoriale des Territoires du Nord-Ouest;

o) la Cour de justice du Nunavut.

Objet des règles

(3) Les règles prévues par les paragraphes (1) et (2) peuvent être établies :

a) de façon générale, pour réglementer les fonctions des fonctionnaires du tribunal et toute autre matière considérée comme opportune pour atteindre les fins de la justice et exécuter les dispositions de la loi;

b) pour réglementer les séances du tribunal ou de l’une de ses divisions, ou de tout juge du tribunal siégeant en chambre, sauf dans la mesure où elles sont réglementées par la loi;

c) pour réglementer, en matière pénale, la plaidoirie, la pratique et la procédure, y compris les conférences préparatoires tenues en vertu de l’article 625.1, les enquêtes préliminaires et la mise en liberté provisoire et, dans le cas des règles que prévoit le paragraphe (1), les actes de procédure concernant les mandamus, certiorari, habeas corpus, prohibition, procedendo et ceux concernant les appels visés à l’article 830;

d) pour appliquer les dispositions de la présente loi relatives aux appels en matière de déclarations de culpabilité, d’acquittements ou de peines et, sans que soit limitée la portée générale du présent alinéa :

(i) pour fournir les formules et instructions nécessaires, en ce qui regarde les avis d’appel ou les demandes de permission d’interjeter appel, aux fonctionnaires ou autres personnes qui les requièrent ou exigent,

(ii) pour assurer l’exactitude des notes prises au procès et la certification de toute copie ou transcription,

(iii) pour garder des écrits, pièces ou autres choses se rapportant aux procédures lors du procès,

(iv) pour assurer la bonne garde de biens durant la période où l’application d’une ordonnance y relative est suspendue aux termes du paragraphe 689(1),

(v) pour permettre au procureur général et à l’avocat qui a agi pour son compte au procès, d’obtenir des copies certifiées conformes des écrits, pièces et choses concernant les procédures, et requises aux fins de leurs fonctions.

Publication

(4) Les règles de cour établies sous l’autorité du présent article sont publiées dans la Gazette du Canada.

Règlements assurant l’uniformité

(5) Nonobstant les autres dispositions du présent article, le gouverneur en conseil peut établir les dispositions qu’il juge opportunes pour assurer l’uniformité des règles de cour en matière pénale, et toutes règles uniformes établies sous l’autorité du présent paragraphe auront cours et seront exécutoires comme si elles étaient édictées par la présente loi.

L.R. (1985), ch. C-46, art. 482; L.R. (1985), ch. 27 (1er suppl.), art. 66; 1994, ch. 44, art. 35; 2002, ch. 13, art. 17.

Pouvoir d’établir des règles sur la gestion des instances

482.1 (1) Tout tribunal visé aux paragraphes 482(1) ou (2) peut établir des règles sur la gestion des instances, notamment en vue :

a) de régler toute question qui l’aiderait à gérer les instances de manière efficiente et efficace;

b) de permettre à ses fonctionnaires de régler des questions de nature administrative touchant aux procédures tenues à l’extérieur du tribunal, si l’accusé est représenté par un avocat;

c) d’établir les horaires concernant la gestion des instances.

Obligation

(2) Les parties sont tenues de se conformer à toute instruction donnée au titre d’une règle établie en vertu du paragraphe (1).

Sommation ou mandat d’arrestation

(3) Dans le cas où des règles ont été établies en vertu du paragraphe (1), le tribunal, le juge de paix ou le juge peut décerner une sommation ou un mandat obligeant l’accusé à comparaître dans le cadre d’une procédure régie par ces règles.

Application de l’article 512 et du paragraphe 524(1)

(4) L’article 512 et le paragraphe 524(1) s’appliquent, avec les adaptations nécessaires, aux mesures visées au paragraphe (3).

Approbation du lieutenant-gouverneur en conseil

(5) L’entrée en vigueur des règles établies par un tribunal visé au paragraphe 482(2) est subordonnée à leur approbation par le lieutenant-gouverneur en conseil de la province.

Application des paragraphes 482(4) et (5)

(6) Les paragraphes 482(4) et (5) s’appliquent, avec les adaptations nécessaires, aux règles établies en vertu du paragraphe (1).

2002, ch. 13, art. 18.

PARTIE XV

PROCÉDURE ET POUVOIRS SPÉCIAUX Pouvoirs généraux de certains fonctionnaires Fonctionnaires investis des pouvoirs de deux juges de paix

483. Chaque juge ou juge de la cour provinciale autorisé, par la loi de la province dans laquelle il est nommé, à accomplir une chose qui doit être faite par deux ou plusieurs juges de paix, peut accomplir seul toute chose que deux ou plusieurs juges de paix sont autorisés à faire en vertu de la présente loi ou de toute autre loi fédérale.

L.R. (1985), ch. C-46, art. 483; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Maintien de l’ordre

484. Chaque juge ou juge de la cour provinciale a le même pouvoir et la même autorité, pour maintenir l’ordre dans un tribunal par lui présidé, que ceux qui peuvent être exercés par la cour supérieure de juridiction criminelle de la province pendant ses séances.

L.R. (1985), ch. C-46, art. 484; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Irrégularités de procédure

485. (1) La compétence d’un tribunal, d’un juge, d’un juge de la cour provinciale ou d’un juge de paix à l’égard d’une infraction n’est pas atteinte par le défaut d’exercice de sa compétence ou du fait que certaines exigences en matière d’ajournement ou de remise n’ont pas été observées.

Accusé qui ne comparaît pas

(1.1) Le tribunal ne perd pas sa compétence à l’égard de l’accusé qui omet de comparaître en personne pour autant que le paragraphe 515(2.2), les alinéas 537(1)j), j.1) ou k), les paragraphes 650(1.1) ou (1.2), les alinéas 650(2)b) ou 650.01(3)a), les paragraphes 683(2.1) ou 688(2.1) ou une règle établie en vertu des articles 482 ou 482.1 s’appliquent.

Sommation ou mandat

(2) Lorsque la compétence à l’égard d’un accusé ou d’un défendeur a été perdue, et n’a pas été recouvrée, le tribunal, le juge, le juge de paix ou le juge de la cour provinciale peut dans les trois mois de la perte de compétence décerner une sommation ou, s’il le juge nécessaire dans l’intérêt public, un mandat d’arrestation visant l’accusé ou le défendeur.

Rejet pour défaut de poursuite

(3) Les procédures sont réputées rejetées pour défaut de poursuite et ne peuvent être reprises sauf en application de l’article 485.1 lorsque aucune sommation ou aucun mandat n’est décerné dans la période visée au paragraphe (2).

Ajournement et ordonnance

(4) Si le tribunal, le juge, le juge de la cour provinciale ou le juge de paix estime qu’un prévenu ou un défendeur qui comparaît a été trompé ou a subi un préjudice en raison de l’une des irrégularités visées au paragraphe (1), il peut ajourner les procédures et rendre l’ordonnance qu’il juge à propos.

Application de la partie XVI

(5) Les dispositions de la partie XVI s’appliquent, compte tenu des adaptations de circonstance, aux sommations et mandats décernés en vertu du paragraphe (2).

L.R. (1985), ch. C-46, art. 485; L.R. (1985), ch. 27 (1er suppl.), art. 67; 1992, ch. 1, art. 60(F); 1997, ch. 18, art. 40; 2002, ch. 13, art. 19.

Nouvelles procédures après défaut de poursuivre

485.1 Lorsqu’un acte d’accusation relatif à une affaire est rejeté ou réputé être rejeté en vertu de la présente loi en raison d’un défaut de poursuite, une nouvelle dénonciation ne peut être faite et une nouvelle accusation ne peut être présentée devant un tribunal à l’égard de la même affaire sans :

a) le consentement personnel écrit du procureur général ou du sous-procureur général, dans toute poursuite menée par le procureur général ou dans toute poursuite dans laquelle celui-ci intervient;

b) une ordonnance écrite d’un juge de ce tribunal dans toute poursuite menée par un poursuivant autre que le procureur général ou dans toute poursuite dans laquelle le procureur général n’intervient pas.

L.R. (1985), ch. 27 (1er suppl.), art. 67.

Procès à huis clos

486. (1) Les procédures dirigées contre l’accusé ont lieu en audience publique, mais si le juge ou le juge de paix qui préside est d’avis qu’il est dans l’intérêt de la moralité publique, du maintien de l’ordre ou de la bonne administration de la justice d’exclure de la salle d’audience l’ensemble ou l’un quelconque des membres du public, pour tout ou partie de l’audience, ou que cela est nécessaire pour éviter toute atteinte aux relations internationales ou à la défense ou à la sécurité nationales, il peut en ordonner ainsi.

Protection — témoins âgés de moins de dix-huit ans et personnes associées au système judiciaire

(2) Pour l’application du paragraphe (1), est dans l’intérêt de la bonne administration de la justice le fait de veiller :

a) à ce que soit sauvegardé l’intérêt des témoins âgés de moins de dix-huit ans dans toute procédure;

b) à la protection des personnes associées au système judiciaire qui prennent part à la procédure.

Motifs

(3) Si une personne est accusée d’une infraction prévue aux articles 151, 152, 153, 153.1, 155 ou 159, aux paragraphes 160(2) ou (3) ou aux articles 163.1, 171, 172, 172.1, 173, 212, 271, 272, 273, 279.01, 279.011, 279.02 ou 279.03 et qu’elle ou le poursuivant fait une demande pour obtenir l’ordonnance prévue au paragraphe (1), le juge ou le juge de paix doit, si aucune ordonnance n’a été rendue à la suite de cette demande, en exposer les motifs en faisant appel aux circonstances de l’espèce.

L.R. (1985), ch. C-46, art. 486; L.R. (1985), ch. 27 (1er suppl.), art. 203, ch. 19 (3e suppl.), art. 14, ch. 23 (4e suppl.), art. 1; 1992, ch. 1, art. 60(F), ch. 21, art. 9; 1993, ch. 45, art. 7; 1997, ch. 16, art. 6; 1999, ch. 25, art. 2(préambule); 2001, ch. 32, art. 29, ch. 41, art. 16, 34 et 133; 2002, ch. 13, art. 20; 2005, ch. 32, art. 15, ch. 43, art. 4 et 8; 2010, ch. 3, art. 4.

Version précédente

Personne de confiance — personnes âgées de moins de dix-huit ans ou ayant une déficience

486.1 (1) Dans les procédures dirigées contre l’accusé, le juge ou le juge de paix ordonne, sur demande du poursuivant ou d’un témoin qui soit est âgé de moins de dix-huit ans, soit a une déficience physique ou mentale, qu’une personne de confiance choisie par ce dernier soit présente à ses côtés pendant qu’il témoigne, sauf si le juge ou le juge de paix est d’avis que cela nuirait à la bonne administration de la justice.

Autres témoins

(2) Il peut rendre une telle ordonnance dans les procédures dirigées contre l’accusé, sur demande du poursuivant ou d’un témoin, s’il est d’avis que cela est nécessaire pour obtenir du témoin un récit complet et franc des faits sur lesquels est fondée l’accusation.

Demande

(2.1) Les demandes peuvent être présentées soit au cours de l’instance au juge ou au juge de paix qui la préside, soit avant l’instance au juge ou au juge de paix qui la présidera.

Facteurs à considérer

(3) Pour décider si l’ordonnance prévue au paragraphe (2) est nécessaire, il prend en compte l’âge du témoin, les déficiences physiques ou mentales de celui-ci, la nature de l’infraction, la nature de toute relation entre le témoin et l’accusé et toute autre circonstance en l’espèce qu’il estime pertinente.

Exclusion des témoins comme personnes de confiance

(4) Il ne peut permettre à un témoin d’agir comme personne de confiance sauf si, à son avis, la bonne administration de la justice l’exige.

Interdiction de communiquer pendant le témoignage

(5) Le cas échéant, il peut aussi interdire toute communication entre la personne de confiance et le témoin pendant que celui-ci témoigne.

Conclusion défavorable

(6) Le fait qu’une ordonnance visée par le présent article soit ou non rendue ne peut donner lieu à des conclusions défavorables.

2005, ch. 32, art. 15.

Exclusion — témoins âgés de moins de dix-huit ans ou ayant une déficience

486.2 (1) Par dérogation à l’article 650, dans les procédures dirigées contre l’accusé, le juge ou le juge de paix ordonne, sur demande du poursuivant ou d’un témoin qui soit est âgé de moins de dix-huit ans, soit est capable de communiquer les faits dans son témoignage tout en pouvant éprouver de la difficulté à le faire en raison d’une déficience mentale ou physique, que ce dernier témoigne à l’extérieur de la salle d’audience ou derrière un écran ou un dispositif permettant à celui-ci de ne pas voir l’accusé, sauf si le juge ou le juge de paix est d’avis que cela nuirait à la bonne administration de la justice.

Autres témoins

(2) Par dérogation à l’article 650, dans les procédures dirigées contre l’accusé, il peut rendre une telle ordonnance, sur demande du poursuivant ou d’un témoin, s’il est d’avis que cela est nécessaire pour obtenir de ce dernier un récit complet et franc des faits sur lesquels est fondée l’accusation.

Demande

(2.1) Les demandes peuvent être présentées soit au cours de l’instance au juge ou au juge de paix qui la préside, soit avant l’instance au juge ou au juge de paix qui la présidera.

Facteurs à considérer

(3) Pour décider si l’ordonnance prévue au paragraphe (2) est nécessaire, il prend en compte les facteurs énumérés au paragraphe 486.1(3).

Infractions particulières

(4) Par dérogation à l’article 650, dans le cas où une personne est accusée d’une infraction mentionnée au paragraphe (5), le juge ou le juge de paix peut ordonner qu’un témoin dépose :

a) à l’extérieur de la salle d’audience, s’il est d’avis que cela est nécessaire pour assurer la protection du témoin;

b) à l’extérieur de la salle d’audience ou derrière un écran ou un dispositif permettant au témoin de ne pas voir l’accusé, s’il est d’avis que cela est nécessaire pour obtenir du témoin un récit complet et franc des faits sur lesquels est fondée l’accusation.

Infractions

(5) Les infractions visées par le paragraphe (4) sont les suivantes :

a) les infractions prévues aux articles 423.1, 467.11, 467.12 ou 467.13 ou une infraction grave présumée avoir été commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

b) les infractions de terrorisme;

c) les infractions aux paragraphes 16(1) ou (2), 17(1), 19(1), 20(1) ou 22(1) de la Loi sur la protection de l’information;

d) les infractions au paragraphe 21(1) ou à l’article 23 de cette loi, commises à l’égard d’une infraction mentionnée à l’alinéa c).

Audition du témoin

(6) Le juge ou le juge de paix qui estime devoir entendre le témoin pour se faire une opinion sur la nécessité d’une ordonnance visée aux paragraphes (2) ou (4) est toutefois tenu de procéder à l’audition de la manière qui y est prévue.

Conditions de l’exclusion

(7) Le témoin ne peut témoigner à l’extérieur de la salle d’audience en vertu des paragraphes (1), (2), (4) ou (6) que si la possibilité est donnée à l’accusé ainsi qu’au juge ou juge de paix et au jury d’assister au témoignage par télévision en circuit fermé ou par un autre moyen et si l’accusé peut communiquer avec son avocat pendant le témoignage.

Conclusion défavorable

(8) Le fait qu’une ordonnance visée par le présent article soit ou non rendue ne peut donner lieu à des conclusions défavorables.

2005, ch. 32, art. 15.

Interdiction de contre-interrogatoire par l’accusé — témoin âgé de moins de dix-huit ans

486.3 (1) Dans les procédures dirigées contre l’accusé, sur demande du poursuivant ou d’un témoin âgé de moins de dix-huit ans, l’accusé ne peut procéder lui-même au contre­ interrogatoire du témoin, sauf si le juge ou le juge de paix est d’avis que la bonne administration de la justice l’exige. Le cas échéant, le juge ou le juge de paix nomme un avocat pour procéder au contre-interrogatoire.

Autres témoins

(2) L’accusé ne peut non plus, sur demande du poursuivant ou d’un témoin, procéder lui­ même au contre-interrogatoire de ce dernier, si le juge ou le juge de paix est d’avis que cela est nécessaire pour obtenir de celui-ci un récit complet et franc des faits sur lesquels est fondée l’accusation. Le cas échéant, le juge ou le juge de paix nomme un avocat pour procéder au contre-interrogatoire.

Facteurs à considérer

(3) Pour décider s’il est nécessaire de nommer un avocat aux termes du paragraphe (2), le juge ou le juge de paix prend en compte les facteurs énumérés au paragraphe 486.1(3).

Victimes de harcèlement criminel

(4) Dans les procédures engagées à l’égard d’une infraction prévue à l’article 264, sur demande du poursuivant ou de la victime, l’accusé ne peut procéder lui-même au contre­ interrogatoire de cette dernière, sauf si le juge ou le juge de paix est d’avis que la bonne administration de la justice l’exige. Le cas échéant, le juge ou le juge de paix nomme un avocat pour procéder au contre-interrogatoire.

Demande

(4.1) Les demandes peuvent être présentées soit au cours de l’instance au juge ou au juge de paix qui la préside, soit avant l’instance au juge ou au juge de paix qui la présidera.

Conclusion défavorable

(5) Le fait que le juge nomme ou non un avocat pour procéder au contre-interrogatoire en conformité avec le présent article ne peut donner lieu à des conclusions défavorables.

2005, ch. 32, art. 15.

Ordonnance limitant la publication — infractions d’ordre sexuel

486.4 (1) Sous réserve du paragraphe (2), le juge ou le juge de paix qui préside peut rendre une ordonnance interdisant de publier ou de diffuser de quelque façon que ce soit tout renseignement qui permettrait d’établir l’identité d’un plaignant ou d’un témoin dans les procédures relatives à :

a) l’une des infractions suivantes :

(i) une infraction prévue aux articles 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 346 ou 347,

(ii) une infraction prévue aux articles 144 (viol), 145 (tentative de viol), 149 (attentat à la pudeur d’une personne de sexe féminin), 156 (attentat à la pudeur d’une personne de sexe masculin) ou 245 (voies de fait ou attaque) ou au paragraphe 246(1) (voies de fait avec intention) du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version antérieure au 4 janvier 1983,

(iii) une infraction prévue aux paragraphes 146(1) (rapports sexuels avec une personne de sexe féminin âgée de moins de 14 ans) ou (2) (rapports sexuels avec une personne de sexe féminin âgée de 14 à 16 ans) ou aux articles 151 (séduction d’une personne de sexe féminin âgée de 16 à 18 ans), 153 (rapports sexuels avec sa belle-fille), 155 (sodomie ou bestialité), 157 (grossière indécence), 166 (père, mère ou tuteur qui cause le déflorement) ou 167 (maître de maison qui permet le déflorement) du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version antérieure au 1er janvier 1988;

b) deux infractions ou plus dans le cadre de la même procédure, dont l’une est une infraction visée aux sous-alinéas a)(i) à (iii).

Obligations du juge

(2) Dans les procédures relatives à des infractions visées aux alinéas (1)a) ou b), le juge ou le juge de paix qui préside est tenu :

a) d’aviser dès que possible les témoins âgés de moins de dix-huit ans et le plaignant de leur droit de demander l’ordonnance;

b) de rendre l’ordonnance, si le poursuivant, le plaignant ou l’un de ces témoins lui en fait la demande.

Pornographie juvénile

(3) Dans les procédures relatives à une infraction visée à l’article 163.1, le juge ou le juge de paix rend une ordonnance interdisant de publier ou de diffuser de quelque façon que ce soit tout renseignement qui permettrait d’établir l’identité d’un témoin âgé de moins de dix-huit ans ou d’une personne faisant l’objet d’une représentation, d’un écrit ou d’un enregistrement qui constitue de la pornographie juvénile au sens de cet article.

Restriction

(4) Les ordonnances rendues en vertu du présent article ne s’appliquent pas à la communication de renseignements dans le cours de l’administration de la justice si la communication ne vise pas à renseigner la collectivité.

2005, ch. 32, art. 15, ch. 43, art. 8; 2010, ch. 3, art. 5.

Version précédente

Ordonnance limitant la publication — victimes et témoins

486.5 (1) Sauf dans les cas où une ordonnance est rendue en vertu de l’article 486.4, le juge ou le juge de paix peut, sur demande du poursuivant, d’une victime ou d’un témoin, rendre une ordonnance interdisant la publication ou la diffusion de quelque façon que ce soit de tout renseignement qui permettrait d’établir l’identité de la victime ou du témoin, s’il est convaincu que la bonne administration de la justice l’exige.

Personnes associées au système judiciaire

(2) Dans toute procédure relative à l’une des infractions visées au paragraphe 486.2(5), le juge ou le juge de paix peut, sur demande du poursuivant ou d’une personne associée au système judiciaire qui participe à la procédure, rendre une ordonnance interdisant la publication ou la diffusion de quelque façon que ce soit de tout renseignement qui permettrait d’établir l’identité de cette personne, s’il est convaincu que la bonne administration de la justice l’exige.

Restriction

(3) Les ordonnances rendues en vertu du présent article ne s’appliquent pas à la communication de renseignements dans le cours de l’administration de la justice si la communication ne vise pas à renseigner la collectivité.

Contenu de la demande

(4) La demande d’ordonnance :

a) est présentée par écrit au juge ou juge de paix qui préside ou, si aucun de ceux-ci n’a été assigné, à un juge de la cour supérieure de juridiction criminelle dans le district judiciaire où l’instance se déroulera;

b) est notifiée par le demandeur au poursuivant, à l’accusé et à toute autre personne touchée par l’ordonnance selon ce que le juge ou le juge de paix indique.

Motifs

(5) La demande énonce les motifs invoqués pour montrer que l’ordonnance servirait la bonne administration de la justice.

Possibilité d’une audience

(6) Le juge ou le juge de paix peut tenir une audience — à huis clos ou non — pour décider si l’ordonnance doit être rendue.

Facteurs à considérer

(7) Pour décider s’il doit rendre l’ordonnance, le juge ou le juge de paix prend en compte :

a) le droit à un procès public et équitable;

b) le risque sérieux que la victime, le témoin ou la personne associée au système judiciaire subisse un préjudice grave si son identité est révélée;

c) la nécessité d’assurer la sécurité de la victime, du témoin ou de la personne associée au système judiciaire et leur protection contre l’intimidation et les représailles;

d) l’intérêt de la société à encourager la dénonciation des infractions et la participation des victimes, des témoins et des personnes associées au système judiciaire;

e) l’existence d’autres moyens efficaces permettant de protéger l’identité de la victime, du témoin ou de la personne associée au système judiciaire;

f) les effets bénéfiques et préjudiciables de sa décision;

g) les répercussions de l’ordonnance sur la liberté d’expression des personnes qu’elle touche;

h) tout autre facteur qu’il estime pertinent.

Conditions

(8) Il peut assortir l’ordonnance de toute condition qu’il estime indiquée.

Interdiction de publication

(9) À moins que le juge ou le juge de paix ne refuse de rendre l’ordonnance, il est interdit à quiconque de publier ou de diffuser de quelque façon que ce soit :

a) le contenu de la demande;

b) tout élément de preuve, tout renseignement ou toute observation présentés lors d’une audience tenue en vertu du paragraphe (6);

c) tout autre renseignement qui permettrait de découvrir l’identité de la victime, du témoin ou de la personne associée au système judiciaire.

2005, ch. 32, art. 15.

Transgression de l’ordonnance

486.6 (1) Quiconque transgresse une ordonnance rendue conformément aux paragraphes 486.4(1), (2) ou (3) ou 486.5(1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Précision

(2) Il est entendu que les ordonnances mentionnées au paragraphe (1) visent également l’interdiction, dans les procédures pour transgression de ces ordonnances, de diffuser ou de publier de quelque façon que ce soit tout renseignement qui permettrait d’établir l’identité de la victime, du témoin ou de la personne associée au système judiciaire que l’ordonnance vise à protéger.

2005, ch. 32, art. 15.

Dénonciation pour mandat de perquisition

487. (1) Un juge de paix qui est convaincu, à la suite d’une dénonciation faite sous serment selon la formule 1, qu’il existe des motifs raisonnables de croire que, dans un bâtiment, contenant ou lieu, se trouve, selon le cas :

a) une chose à l’égard de laquelle une infraction à la présente loi, ou à toute autre loi fédérale, a été commise ou est présumée avoir été commise;

b) une chose dont on a des motifs raisonnables de croire qu’elle fournira une preuve touchant la commission d’une infraction ou révélera l’endroit où se trouve la personne

qui est présumée avoir commis une infraction à la présente loi, ou à toute autre loi fédérale;

c) une chose dont on a des motifs raisonnables de croire qu’elle est destinée à servir aux fins de la perpétration d’une infraction contre la personne, pour laquelle un individu peut être arrêté sans mandat;

c.1) un bien infractionnel,

peut à tout moment décerner un mandat autorisant un agent de la paix ou, dans le cas d’un fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale, celui qui y est nommé :

d) d’une part, à faire une perquisition dans ce bâtiment, contenant ou lieu, pour rechercher cette chose et la saisir;

e) d’autre part, sous réserve de toute autre loi fédérale, dans les plus brefs délais possible, à transporter la chose devant le juge de paix ou un autre juge de paix de la même circonscription territoriale ou en faire rapport, en conformité avec l’article 489.1.

Le mandat de perquisition doit être visé

(2) Lorsque le bâtiment, contenant ou lieu est situé dans une autre circonscription territoriale, le juge de paix peut délivrer son mandat dans la même forme, modifiée selon les circonstances, et celui-ci peut être exécuté dans l’autre circonscription territoriale après avoir été visé, selon la formule 28, par un juge de paix ayant juridiction dans cette circonscription; le visa est apposé sur l’original du mandat ou sur une copie transmise à l’aide d’un moyen de télécommunication.

Usage d’un système informatique

(2.1) La personne autorisée à perquisitionner des données contenues dans un ordinateur se trouvant dans un lieu ou un bâtiment peut :

a) utiliser ou faire utiliser tout ordinateur s’y trouvant pour vérifier les données que celui­ ci contient ou auxquelles il donne accès;

b) reproduire ou faire reproduire des données sous forme d’imprimé ou toute autre forme intelligible;

c) saisir tout imprimé ou sortie de données pour examen ou reproduction;

d) utiliser ou faire utiliser le matériel s’y trouvant pour reproduire des données.

Obligation du responsable du lieu

(2.2) Sur présentation du mandat, le responsable du lieu qui fait l’objet de la perquisition doit faire en sorte que la personne qui procède à celle-ci puisse procéder aux opérations mentionnées au paragraphe (2.1).

Formule

(3) Un mandat de perquisition décerné en vertu du présent article peut être rédigé selon la formule 5 de la partie XXVIII, ajustée selon les circonstances.

Effet du visa

(4) Le visa apposé conformément au paragraphe (2) constitue une autorisation suffisante pour que les agents de la paix ou fonctionnaires publics à qui le mandat a été d’abord adressé, et tous les agents de la paix qui ressortissent au juge de paix qui l’a visé, puissent exécuter le mandat et s’occuper des choses saisies en conformité avec l’article 489.1 ou d’une autre façon prévue par la loi.

L.R. (1985), ch. C-46, art. 487; L.R. (1985), ch. 27 (1er suppl.), art. 68; 1994, ch. 44, art. 36; 1997, ch. 18, art. 41, ch. 23, art. 12; 1999, ch. 5, art. 16; 2008, ch. 18, art. 11.

Version précédente

Dénonciation pour mandat général

487.01 (1) Un juge de la cour provinciale, un juge de la cour supérieure de juridiction criminelle ou un juge au sens de l’article 552 peut décerner un mandat par écrit autorisant un agent de la paix, sous réserve du présent article, à utiliser un dispositif ou une technique ou une méthode d’enquête, ou à accomplir tout acte qui y est mentionné, qui constituerait sans cette autorisation une fouille, une perquisition ou une saisie abusive à l’égard d’une personne ou d’un bien :

a) si le juge est convaincu, à la suite d’une dénonciation par écrit faite sous serment, qu’il existe des motifs raisonnables de croire qu’une infraction à la présente loi ou à toute autre loi fédérale a été ou sera commise et que des renseignements relatifs à l’infraction seront obtenus grâce à une telle utilisation ou à l’accomplissement d’un tel acte;

b) s’il est convaincu que la délivrance du mandat servirait au mieux l’administration de la justice;

c) s’il n’y a aucune disposition dans la présente loi ou toute autre loi fédérale qui prévoie un mandat, une autorisation ou une ordonnance permettant une telle utilisation ou l’accomplissement d’un tel acte.

Limite

(2) Le paragraphe (1) n’a pas pour effet de permettre de porter atteinte à l’intégrité physique d’une personne.

Fouilles, perquisitions ou saisies raisonnables

(3) Le mandat doit énoncer les modalités que le juge estime opportunes pour que la fouille, la perquisition ou la saisie soit raisonnable dans les circonstances.

Surveillance vidéo

(4) Le mandat qui autorise l’agent de la paix à observer, au moyen d’une caméra de télévision ou d’un autre dispositif électronique semblable, les activités d’une personne dans des circonstances telles que celle-ci peut raisonnablement s’attendre au respect de sa vie privée doit énoncer les modalités que le juge estime opportunes pour s’assurer de ce respect autant que possible.

Autres dispositions applicables

(5) La définition de « infraction » à l’article 183 et les articles 183.1, 184.2, 184.3 et 185 à 188.2, le paragraphe 189(5) et les articles 190, 193 et 194 à 196 s’appliquent, avec les adaptations nécessaires, au mandat visé au paragraphe (4) comme si toute mention relative à l’interception d’une communication privée valait mention de la surveillance par un agent de la paix, au moyen d’une caméra de télévision ou d’un dispositif électronique semblable, des activités d’une personne dans des circonstances telles que celle-ci peut raisonnablement s’attendre au respect de sa vie privée.

Avis

(5.1) Le mandat qui autorise l’agent de la paix à perquisitionner secrètement doit exiger, dans le cadre des modalités visées au paragraphe (3), qu’un avis de la perquisition soit donné dans le délai suivant son exécution que le juge estime indiqué dans les circonstances.

Prolongation

(5.2) Le juge qui décerne un mandat dans le cadre du paragraphe (1) ou un juge compétent pour décerner un tel mandat peut accorder une prolongation — initiale ou ultérieure — du délai visé au paragraphe (5.1), d’une durée maximale de trois ans, s’il est convaincu par l’affidavit appuyant la demande de prolongation que les intérêts de la justice justifient la prolongation.

Dispositions applicables

(6) Les paragraphes 487(2) et (4) s’appliquent, avec les adaptations nécessaires, au mandat décerné en vertu du paragraphe (1).

Télémandats

(7) Un mandat peut être décerné sous le régime du présent article sur le fondement d’une dénonciation transmise par téléphone ou autre moyen de télécommunication lorsque l’agent de la paix considère qu’il serait peu commode de se présenter en personne devant un juge; l’article 487.1 s’applique alors avec les adaptations nécessaires.

1993, ch. 40, art. 15; 1997, ch. 18, art. 42, ch. 23, art. 13.

Définitions

487.011 Les définitions qui suivent s’appliquent aux articles 487.012 à 487.017.

« document »

“document”

« document » Tout support sur lequel est enregistré ou marqué quelque chose qui peut être lu ou compris par une personne, un ordinateur ou un autre dispositif.

« données »

“data”

« données » S’entend au sens du paragraphe 342.1(2).

2004, ch. 3, art. 7.

Ordonnance de communication

487.012 (1) Sauf si elle fait l’objet d’une enquête relative à l’infraction visée à l’alinéa (3)a), un juge de paix ou un juge peut ordonner à une personne :

a) de communiquer des documents — originaux ou copies certifiées conformes par affidavit — ou des données;

b) de préparer un document à partir de documents ou données existants et de le communiquer.

Communication à un agent de la paix

(2) L’ordonnance précise le moment, le lieu et la forme de la communication ainsi que la personne à qui elle est faite — agent de la paix ou fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale.

Conditions à remplir

(3) Le juge de paix ou le juge ne rend l’ordonnance que s’il est convaincu, à la suite d’une dénonciation par écrit faite sous serment et présentée ex parte, qu’il existe des motifs raisonnables de croire que les conditions suivantes sont réunies :

a) une infraction à la présente loi ou à toute autre loi fédérale a été ou est présumée avoir été commise;

b) les documents ou données fourniront une preuve touchant la perpétration de l’infraction;

c) les documents ou données sont en la possession de la personne en cause ou à sa disposition.

Conditions

(4) L’ordonnance peut être assortie des conditions que le juge de paix ou le juge estime indiquées, notamment pour protéger les communications privilégiées entre l’avocat — et, dans la province de Québec, le notaire — et son client.

Modification, renouvellement et révocation

(5) Le juge de paix ou le juge qui a rendu l’ordonnance — ou un juge de la même circonscription territoriale — peut, sur demande présentée ex parte par l’agent de la paix ou le fonctionnaire public nommé dans l’ordonnance, la modifier, la renouveler ou la révoquer.

Application

(6) Les articles 489.1 et 490 s’appliquent, avec les adaptations nécessaires, aux documents ou données communiqués sous le régime du présent article.

Valeur probante

(7) La copie d’un document communiquée sous le régime du présent article est, à la condition d’être certifiée conforme à l’original par affidavit, admissible en preuve dans toute procédure sous le régime de la présente loi ou de toute autre loi fédérale et a la même valeur probante que l’original aurait eue s’il avait été déposé en preuve de la façon normale.

Copies

(8) Il n’est pas nécessaire de retourner les copies de documents qui ont été communiquées sous le régime du présent article.

2004, ch. 3, art. 7.

Ordonnance de communication de renseignements bancaires ou commerciaux

487.013 (1) Un juge de paix ou un juge peut ordonner à une institution financière au sens de l’article 2 de la Loi sur les banques ou à une personne ou entité visée à l’article 5 de la Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes, sauf si elles font l’objet d’une enquête relative à l’infraction visée à l’alinéa (4)a), de communiquer par écrit soit le numéro de compte de la personne nommée dans l’ordonnance, soit le nom de la personne dont le numéro de compte est mentionné dans l’ordonnance, ainsi que l’état du compte, sa catégorie et la date à laquelle il a été ouvert ou fermé.

Identification d’une personne

(2) En vue de confirmer l’identité de la personne nommée dans l’ordonnance ou celle de la personne dont le numéro de compte est mentionné dans l’ordonnance, il peut être exigé dans celle-ci que l’institution financière, la personne ou l’entité en cause donne la date de naissance, l’adresse actuelle ou une adresse antérieure de la personne concernée.

Communication à un agent de la paix

(3) L’ordonnance précise le moment, le lieu et la forme de la communication ainsi que la personne à qui elle est faite — agent de la paix ou fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale.

Conditions à remplir

(4) Le juge de paix ou le juge ne rend l’ordonnance que s’il est convaincu, à la suite d’une dénonciation par écrit faite sous serment et présentée ex parte, qu’il existe des motifs raisonnables de soupçonner que les conditions suivantes sont réunies :

a) une infraction à la présente loi ou à toute autre loi fédérale a été ou sera commise;

b) les renseignements demandés seront utiles à l’enquête relative à l’infraction;

c) les renseignements sont en la possession de l’institution financière, de la personne ou de l’entité en cause ou à sa disposition.

Conditions

(5) L’ordonnance peut être assortie des conditions que le juge de paix ou le juge estime indiquées, notamment pour protéger les communications privilégiées entre l’avocat — et, dans la province de Québec, le notaire — et son client.

Modification, renouvellement et révocation

(6) Le juge de paix ou le juge qui a rendu l’ordonnance — ou un juge de la même circonscription territoriale — peut, sur demande présentée ex parte par l’agent de la paix ou le fonctionnaire public nommé dans l’ordonnance, la modifier, la renouveler ou la révoquer.

2004, ch. 3, art. 7.

Pouvoir de l’agent de la paix

487.014 (1) Il demeure entendu qu’une ordonnance de communication n’est pas nécessaire pour qu’un agent de la paix ou un fonctionnaire public chargé de l’application ou de l’exécution de la présente loi ou de toute autre loi fédérale demande à une personne de lui fournir volontairement des documents, données ou renseignements qu’aucune règle de droit n’interdit à celle-ci de communiquer.

Application de l’article 25

(2) La personne qui fournit des documents, données ou renseignements dans les circonstances visées au paragraphe (1) est, pour l’application de l’article 25, réputée être autorisée par la loi à le faire.

2004, ch. 3, art. 7.

Demande d’exemption

487.015 (1) Toute personne visée par l’ordonnance rendue en vertu de l’article 487.012 ou toute institution financière, personne ou entité visée par l’ordonnance rendue en vertu de l’article 487.013 peut, avant l’expiration de l’ordonnance, demander par écrit au juge qui l’a rendue ou à un autre juge de la circonscription territoriale du juge ou du juge de paix qui l’a rendue de l’exempter de l’obligation de communiquer la totalité ou une partie des documents, données ou renseignements demandés.

Préavis obligatoire

(2) La personne, l’institution financière ou l’entité ne peut présenter une demande en vertu du paragraphe (1) qu’à la condition d’avoir donné, dans les trente jours suivant celui où l’ordonnance est rendue, un préavis de son intention à l’agent de la paix ou au fonctionnaire public nommé dans l’ordonnance.

Conséquence de la demande d’exemption

(3) L’exécution de l’ordonnance de communication visée par la demande d’exemption est suspendue à l’égard des documents, données ou renseignements mentionnés dans la demande jusqu’à ce qu’une décision définitive ait été rendue sur celle-ci.

Exemption

(4) Le juge peut accorder l’exemption s’il est convaincu que, selon le cas :

a) la communication révélerait des renseignements protégés par le droit applicable en matière de divulgation ou de privilèges;

b) il serait déraisonnable d’obliger l’intéressé à communiquer les documents, données ou renseignements;

c) les documents, données ou renseignements ne sont ni en la possession de l’intéressé ni à sa disposition.

2004, ch. 3, art. 7.

Documents incriminants

487.016 Nul n’est dispensé de se conformer à une ordonnance rendue en vertu des articles 487.012 ou 487.013 du fait que les documents, les données ou les renseignements demandés peuvent tendre à l’incriminer ou à l’exposer à quelque procédure ou pénalité; toutefois, les documents qu’une personne physique prépare dans le cas visé à l’alinéa 487.012(1) b) ne peuvent être utilisés ou admis contre elle dans le cadre de poursuites criminelles intentées contre elle par la suite, sauf en ce qui concerne les poursuites prévues aux articles 132, 136 ou 137.

2004, ch. 3, art. 7.

Infraction

487.017 La personne, l’institution financière ou l’entité qui omet de se conformer à une ordonnance rendue en vertu des articles 487.012 ou 487.013 commet une infraction et encourt, sur déclaration de culpabilité par procédure sommaire, une amende maximale de 250 000 $ et un emprisonnement maximal de six mois, ou l’une de ces peines.

2004, ch. 3, art. 7.

Ordonnance d’assistance

487.02 Le juge ou le juge de paix qui a accordé une autorisation en vertu des articles 184.2, 184.3, 186 ou 188, décerné un mandat en vertu de la présente loi ou rendu une ordonnance en vertu du paragraphe 492.2(2) peut ordonner à toute personne de prêter son assistance si celle-ci peut raisonnablement être jugée nécessaire à l’exécution des actes autorisés, du mandat ou de l’ordonnance.

1993, ch. 40, art. 15; 1997, ch. 18, art. 43.

Exécution dans une autre province

487.03 (1) Dans le cas où un mandat est délivré dans une province donnée en vertu des articles 487.01, 487.05 ou 492.1 ou du paragraphe 492.2(1), un juge, ou un juge de paix, selon le cas, d’une autre province peut, sur demande, viser le mandat s’il est raisonnable de croire que son exécution se fera dans cette autre province et qu’il sera nécessaire de pénétrer dans une propriété privée située dans cette autre province ou de rendre une ordonnance en vertu de l’article 487.02 à l’égard d’une personne s’y trouvant.

Visa

(1.1) Le visa est apposé sur l’original du mandat ou sur une copie transmise à l’aide d’un moyen de télécommunication et une fois visé, le mandat est exécutoire dans l’autre province.

(2) [Abrogé, 2007, ch. 22, art. 7]

1993, ch. 40, art. 15; 1995, ch. 27, art. 1; 2000, ch. 10, art. 13; 2007, ch. 22, art. 7; 2008, ch. 18, art. 12.

Version précédente

Analyse génétique effectuée à des fins médicolégales Définitions

487.04 Les définitions qui suivent s’appliquent au présent article et aux articles 487.05 à 487.0911.

« ADN »

“DNA”

« ADN » Acide désoxyribonucléique.

« adolescent »

“young person”

« adolescent » S’entend, selon le cas, au sens du paragraphe 2(1) de la Loi sur le système de justice pénale pour les adolescents ou du paragraphe 2(1) de la Loi sur les jeunes contrevenants.

« adulte »

“adult”

« adulte » S’entend au sens du paragraphe 2(1) de la Loi sur le système de justice pénale pour les adolescents.

« analyse génétique »

“forensic DNA analysis”

« analyse génétique » Selon le cas :

a) analyse, à des fins médicolégales, de l’ADN d’une substance corporelle prélevée en exécution du mandat visé à l’article 487.05 et comparaison des résultats de cette analyse avec les résultats de l’analyse de l’ADN de la substance corporelle visée à l’alinéa 487.05(1)b), y compris tout examen utile à cette fin;

b) analyse, à des fins médicolégales, de l’ADN d’une substance corporelle, soit visée à l’alinéa 487.05(1)b), soit fournie, à titre volontaire, dans le cadre d’une enquête relative à une infraction désignée, soit prélevée au titre de l’ordonnance rendue en vertu de l’article 487.051 ou de l’autorisation délivrée en vertu des articles 487.055 ou 487.091.

« infraction désignée »

“designated offence”

« infraction désignée » Infraction primaire ou secondaire.

« infraction primaire »

“primary designated offence”

« infraction primaire » Infraction désignée :

a) soit créée par l’une des dispositions suivantes :

(i) paragraphe 7(4.1) (infraction relative aux infractions d’ordre sexuel impliquant des enfants),

(i.1) article 151 (contacts sexuels),

(i.2) article 152 (incitation à des contacts sexuels),

(i.3) article 153 (exploitation sexuelle),

(i.4) article 153.1 (exploitation sexuelle d’une personne handicapée),

(i.5) article 155 (inceste),

(i.6) paragraphe 160(2) (personne qui en force une autre à commettre un acte de bestialité),

(i.7) paragraphe 160(3) (bestialité en présence d’enfants ou incitation de ceux-ci),

(i.8) article 163.1 (pornographie juvénile),

(i.9) article 170 (père, mère ou tuteur qui sert d’entremetteur),

(i.91) article 172.1 (leurre au moyen d’un ordinateur),

(i.92) paragraphe 173(2) (exhibitionnisme),

(i.93) alinéa 212(1)i) (stupéfaction ou subjugation pour avoir des rapports sexuels),

(i.94) paragraphe 212(2) (vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans),

(i.95) paragraphe 212(2.1) (infraction grave — vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans),

(i.96) paragraphe 212(4) (prostitution d’une personne âgée de moins de dix-huit ans),

(ii) article 235 (meurtre),

(iii) article 236 (homicide involontaire coupable),

(iv) article 239 (tentative de meurtre),

(v) article 244 (décharger une arme à feu avec une intention particulière),

(vi) article 244.1 (décharger un fusil à vent ou à gaz comprimé dans l’intention de mettre la vie d’une personne en danger ou de la blesser),

(vi.1) article 244.2 (décharger une arme à feu avec insouciance),

(vii) paragraphe 245a) (administrer une substance délétère dans l’intention de mettre la vie d’une personne en danger ou de lui causer des lésions corporelles),

(viii) article 246 (vaincre la résistance à la perpétration d’une infraction),

(ix) article 267 (agression armée ou infliction de lésions corporelles),

(x) article 268 (voies de fait graves),

(xi) article 269 (infliction illégale de lésions corporelles),

(xi.1) article 270.01 (agression armée ou infliction de lésions corporelles — agent de la paix),

(xi.2) article 270.02 (voies de fait graves — agent de la paix),

(xi.3) article 271 (agression sexuelle),

(xii) article 272 (agression sexuelle armée, menace à une tierce personne ou infliction de lésions corporelles),

(xiii) article 273 (agression sexuelle grave),

(xiii.1) paragraphe 273.3(2) (passage d’enfants à l’étranger),

(xiv) article 279 (enlèvement),

(xv) article 344 (vol qualifié),

(xvi) article 346 (extorsion);

a.1) soit créée par l’une des dispositions suivantes :

(i) article 75 (actes de piraterie),

(i.01) article 76 (détournement),

(i.02) article 77 (atteinte à la sécurité des aéronefs ou des aéroports),

(i.03) article 78.1 (prise d’un navire ou d’une plate-forme fixe),

(i.04) paragraphe 81(1) (usage d’explosifs),

(i.05) article 83.18 (participation à une activité d’un groupe terroriste),

(i.06) article 83.19 (facilitation d’une activité terroriste),

(i.07) article 83.2 (infraction au profit d’un groupe terroriste),

(i.08) article 83.21 (charger une personne de se livrer à une activité pour un groupe terroriste),

(i.09) article 83.22 (charger une personne de se livrer à une activité terroriste),

(i.1) article 83.23 (héberger ou cacher),

(i.11) à (iii.1) [Abrogés, 2010, ch. 17, art. 3]

(iv) alinéas 212(1)a) à h) (proxénétisme),

(iv.1) à (iv.5) [Abrogés, 2010, ch. 17, art. 3]

(v) alinéa 212(1)j) (proxénétisme),

(v.1) et (v.2) [Abrogés, 2010, ch. 17, art. 3]

(vi) article 233 (infanticide),

(vii) [Abrogé, 2010, ch. 17, art. 3]

(vii.1) article 279.01 (traite de personnes),

(vii.11) article 279.011 (traite de personnes âgées de moins de dix-huit ans),

(viii) article 279.1 (prise d’otage),

(ix) alinéa 348(1)d) (introduction par effraction dans une maison d’habitation),

(x) article 423.1 (intimidation d’une personne associée au système judiciaire ou d’un journaliste),

(xi) article 431 (attaque contre les locaux officiels, le logement privé ou les moyens de transport d’une personne jouissant d’une protection internationale),

(xii) article 431.1 (attaque contre les locaux officiels, le logement privé ou les moyens de transport du personnel des Nations Unies ou du personnel associé),

(xiii) paragraphe 431.2(2) (engin explosif ou autre engin meurtrier),

(xiv) article 467.11 (participation aux activités d’une organisation criminelle),

(xv) article 467.12 (infraction au profit d’une organisation criminelle),

(xvi) article 467.13 (charger une personne de commettre une infraction au profit d’une organisation criminelle);

(xvi.1) à (xx) [Abrogés, 2005, ch. 25, art. 1]

b) soit aux dispositions suivantes du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leurs versions antérieures au 4 janvier 1983 :

(i) article 144 (viol),

(i.1) article 145 (tentative de viol),

(ii) article 146 (rapports sexuels avec une personne du sexe féminin âgée de moins de 14 ans ou âgée de 14 à 16 ans),

(iii) article 148 (rapports sexuels avec une personne faible d’esprit, etc.),

(iv) article 149 (attentat à la pudeur contre une personne du sexe féminin),

(v) article 156 (attentat à la pudeur contre une personne du sexe masculin),

(vi) article 157 (grossière indécence),

(vii) paragraphe 246(1) (voies de fait avec intention de commettre un acte criminel), si l’intention est de commettre l’une des infractions visées aux sous-alinéas (i) à (vi);

c) soit prévue à l’une des dispositions ci-après du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version antérieure au 1er janvier 1988 :

(i) paragraphe 146(1) (rapports sexuels avec une personne de sexe féminin âgée de moins de quatorze ans),

(ii) paragraphe 146(2) (rapports sexuels avec une personne de sexe féminin âgée de quatorze ans mais de moins de seize ans),

(iii) article 153 (rapports sexuels avec sa belle-fille),

(iv) article 157 (grossière indécence),

(v) article 166 (père, mère ou tuteur qui cause le déflorement),

(vi) article 167 (maître de maison qui permet le déflorement);

c.01) soit prévue à l’une des dispositions ci-après du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version édictée par l’article 19 de la Loi modifiant le Code criminel en matière d’infractions sexuelles et d’autres infractions contre la personne et apportant des modifications corrélatives à d’autres lois, chapitre 125 des Statuts du Canada de 1980-81-82-83 :

(i) article 246.1 (agression sexuelle),

(ii) article 246.2 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles),

(iii) article 246.3 (agression sexuelle grave);

c.1) soit créée par l’une des dispositions suivantes de la Loi sur la protection de l’information :

(i) article 6 (présence à proximité d’un endroit prohibé),

(ii) paragraphe 20(1) (menaces, accusations ou violence),

(iii) paragraphe 21(1) (hébergement ou dissimulation);

d) soit constituée par la tentative ou, sauf pour l’application du paragraphe 487.05(1), le complot de perpétrer l’une ou l’autre des infractions énumérées aux alinéas a) à c.01).

« infraction secondaire »

“secondary designated offence”

« infraction secondaire » Infraction — autre qu’une infraction primaire — qui :

a) soit constitue une infraction à la présente loi pouvant être poursuivie par voie de mise en accusation — ou, pour l’application de l’article 487.051, qui est ainsi poursuivie — et passible d’un emprisonnement maximal de cinq ans ou plus;

b) soit constitue une infraction à l’une des dispositions ci-après de la Loi réglementant certaines drogues et autres substances pouvant être poursuivie par voie de mise en accusation — ou, pour l’application de l’article 487.051, qui est ainsi poursuivie — et passible d’un emprisonnement maximal de cinq ans ou plus :

(i) article 5 (trafic de substances et possession en vue du trafic),

(ii) article 6 (importation et exportation),

(iii) article 7 (production);

c) soit est créée par l’une des dispositions suivantes de la présente loi :

(i) article 145 (s’évader ou être en liberté sans excuse),

(i.1) article 146 (permettre ou faciliter une évasion),

(i.2) article 147 (délivrance illégale),

(i.3) article 148 (aider un prisonnier de guerre à s’évader),

(i.4) et (ii) [Abrogés, 2010, ch. 17, art. 3]

(iii) paragraphe 173(1) (actions indécentes),

(iv) article 252 (défaut d’arrêter lors d’un accident),

(v) article 264 (harcèlement criminel),

(vi) article 264.1 (proférer des menaces),

(vii) article 266 (voies de fait),

(viii) article 270 (voies de fait contre un agent de la paix),

(ix) alinéa 348(1)e) (introduction par effraction dans un endroit autre qu’une maison d’habitation),

(x) article 349 (présence illégale dans une maison d’habitation),

(xi) article 423 (intimidation);

d) soit constitue une infraction aux dispositions suivantes du Code criminel, dans leurs versions antérieures au 1er juillet 1990 :

(i) article 433 (crime d’incendie),

(ii) article 434 (fait de mettre le feu à d’autres substances);

e) soit est constituée par la tentative ou — sauf pour l’application du paragraphe 487.05(1) — le complot en vue de perpétrer :

(i) une infraction visée aux alinéas a) ou b) — ou, pour l’application de l’article 487.051, une telle infraction si la tentative ou le complot en vue de la perpétrer est poursuivi par voie de mise en accusation,

(ii) une infraction visée aux alinéas c) ou d).

« juge de la cour provinciale »

“provincial court judge”

« juge de la cour provinciale » Y est assimilé le juge du tribunal pour adolescents visé au paragraphe 2(1) de la Loi sur le système de justice pénale pour les adolescents, dans le cas où la personne visée par le mandat est un adolescent.

« Loi sur les jeunes contrevenants »

“Young Offenders Act”

« Loi sur les jeunes contrevenants » Le chapitre Y-1 des Lois révisées du Canada (1985).

1995, ch. 27, art. 1; 1998, ch. 37, art. 15; 2001, ch. 41, art. 17; 2002, ch. 1, art. 175; 2005, ch. 25, art. 1, ch. 43, art. 5 et 9; 2007, ch. 22, art. 2, 8 et 47; 2008, ch. 6, art. 35 et 63; 2009, ch. 22, art. 16; 2010, ch. 3, art. 6, ch. 17, art. 3.

Version précédente

Mandat relatif aux analyses génétiques

487.05 (1) Sur demande ex parte présentée selon la formule 5.01, un juge de la cour provinciale peut délivrer un mandat — rédigé selon la formule 5.02 — autorisant le prélèvement en conformité avec le paragraphe 487.06(1), pour analyse génétique, du nombre d’échantillons de substances corporelles d’une personne jugé nécessaire à cette fin, s’il est convaincu, à la suite d’une dénonciation faite sous serment, que cela servirait au mieux l’administration de la justice et qu’il existe des motifs raisonnables de croire :

a) qu’une infraction désignée a été perpétrée;

b) qu’une substance corporelle a été trouvée ou recueillie;

(i) sur le lieu de l’infraction,

(ii) sur la victime ou à l’intérieur du corps de celle-ci,

(iii) sur ce qu’elle portait ou transportait lors de la perpétration de l’infraction,

(iv) sur une personne ou à l’intérieur du corps d’une personne, sur une chose ou à l’intérieur d’une chose ou en des lieux, liés à la perpétration de l’infraction;

c) que la personne a participé à l’infraction;

d) que l’analyse génétique de la substance corporelle prélevée apportera des preuves selon lesquelles la substance corporelle visée à l’alinéa b) provient ou non de cette personne.

Facteurs à considérer

(2) Pour décider s’il décerne le mandat, le juge tient compte de tous les éléments pertinents, notamment :

a) de la nature de l’infraction et des circonstances de sa perpétration;

b) de la possibilité d’avoir un agent de la paix — ou toute personne sous son autorité — qui, de par sa formation ou son expérience, peut effectuer le prélèvement en conformité avec le paragraphe 487.06(1).

Télémandats

(3) Un mandat peut être décerné sous le régime du présent article sur le fondement d’une dénonciation transmise par téléphone ou autre moyen de télécommunication lorsque l’agent de la paix considère qu’il serait peu commode de se présenter en personne devant un juge; l’article 487.1 s’applique alors avec les adaptations nécessaires.

1995, ch. 27, art. 1; 1997, ch. 18, art. 44; 1998, ch. 37, art. 16; 2005, ch. 25, art. 2(F).

Version précédente

Ordonnance : infractions primaires

487.051 (1) En cas de déclaration de culpabilité sous le régime de la présente loi, de la Loi sur le système de justice pénale pour les adolescents ou de la Loi sur les jeunes contrevenants, ou d’absolution en vertu de l’article 730, à l’égard d’une infraction qui a été commise même avant le 30 juin 2000 et qui, à la date du prononcé de la peine ou de l’absolution, était une infraction primaire au sens de l’alinéa a) de la définition de ce terme à l’article 487.04, le tribunal doit rendre une ordonnance — rédigée selon la formule 5.03 — autorisant le prélèvement du nombre d’échantillons de substances corporelles de l’intéressé jugé nécessaire pour analyse génétique.

Ordonnance : infractions primaires

(2) En cas de déclaration de culpabilité sous le régime de la présente loi, de la Loi sur le système de justice pénale pour les adolescents ou de la Loi sur les jeunes contrevenants, ou d’absolution en vertu de l’article 730, à l’égard d’une infraction qui a été commise même avant le 30 juin 2000 et qui, à la date du prononcé de la peine ou de l’absolution, était une infraction primaire au sens de l’un des alinéas a.1) à d) de la définition de ce terme à l’article 487.04, le tribunal doit rendre une ordonnance — rédigée selon la formule 5.03 — au même effet. Toutefois, il n’est pas tenu de le faire s’il est convaincu que l’intéressé a établi que l’ordonnance aurait, sur sa vie privée et la sécurité de sa personne, un effet nettement démesuré par rapport à l’intérêt public en ce qui touche la protection de la société et la bonne administration de la justice, que visent à assurer la découverte, l’arrestation et la condamnation rapides des contrevenants.

Ordonnance : verdicts de non-responsabilité criminelle et infractions secondaires

(3) En cas de verdict de non-responsabilité criminelle pour cause de troubles mentaux à l’égard d’une infraction qui a été commise même avant le 30 juin 2000 et qui, à la date du prononcé du verdict, était une infraction désignée ou en cas de déclaration de culpabilité sous le régime de la présente loi, de la Loi sur le système de justice pénale pour les adolescents ou de la Loi sur les jeunes contrevenants, ou d’absolution en vertu de l’article 730, à l’égard d’une infraction qui a été commise même avant le 30 juin 2000 et qui, à la date du prononcé de la peine ou de l’absolution, était une infraction secondaire, le tribunal peut rendre, sur demande du poursuivant, une ordonnance — rédigée selon la formule 5.04 — au même effet, s’il est convaincu que cela servirait au mieux l’administration de la justice. Pour décider s’il rend ou non l’ordonnance, il prend en

compte l’effet que celle-ci aurait sur la vie privée de l’intéressé et la sécurité de sa personne, son casier judiciaire, le fait que l’intéressé a ou non déjà fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux à l’égard d’une infraction désignée, la nature de l’infraction et les circonstances de sa perpétration et il est tenu de motiver sa décision.

Autre ordonnance

(4) Si le tribunal rend une ordonnance autorisant le prélèvement d’échantillons de substances corporelles, il peut également rendre une ordonnance — rédigée selon la formule 5.041 — intimant à l’intéressé de se présenter aux date, heure et lieu fixés et de se soumettre au prélèvement.

1998, ch. 37, art. 17; 2002, ch. 1, art. 176; 2005, ch. 25, art. 3; 2007, ch. 22, art. 9 et 47.

Version précédente

487.052 [Abrogé, 2007, ch. 22, art. 3]

Version précédente

Prononcé de l’ordonnance

487.053 (1) Le tribunal peut rendre l’ordonnance visée à l’article 487.051 autorisant le prélèvement d’échantillons de substances corporelles lors du prononcé de la peine, du verdict de non-responsabilité criminelle pour cause de troubles mentaux ou de l’absolution en vertu de l’article 730.

Audience

(2) S’il ne décide pas de l’affaire à ce moment :

a) il doit fixer la date de l’audience pour ce faire dans les quatre-vingt-dix jours suivant le prononcé de la peine, du verdict de non-responsabilité criminelle pour cause de troubles mentaux ou de l’absolution;

b) il reste saisi de l’affaire;

c) il peut ordonner à l’intéressé de comparaître à l’audience par un système de télévision en circuit fermé ou tout autre moyen leur permettant de se voir et de communiquer simultanément, pourvu que l’intéressé ait la possibilité, s’il est représenté par un avocat, de communiquer en privé avec lui.

1998, ch. 37, art. 17; 2000, ch. 10, art. 14; 2005, ch. 25, art. 4; 2007, ch. 22, art. 3.

Version précédente

Appel

487.054 Le contrevenant et le poursuivant peuvent interjeter appel de la décision du tribunal prise au titre de l’un des paragraphes 487.051(1) à (3).

1998, ch. 37, art. 17; 2007, ch. 22, art. 10.

Version précédente

Contrevenants purgeant une peine

487.055 (1) Sur demande ex parte présentée selon la formule 5.05, le juge de la cour provinciale peut autoriser par écrit — en utilisant la formule 5.06 — le prélèvement en conformité avec le paragraphe 487.06(1), pour analyse génétique, du nombre d’échantillons de substances corporelles d’une personne jugé nécessaire à cette fin, dans le cas où celle-ci avait été, avant le 30 juin 2000, déclarée, selon le cas :

a) délinquant dangereux au sens de la partie XXIV;

b) délinquant dangereux ou délinquant sexuel dangereux au sens de la partie XXI du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans ses versions antérieures au 1er janvier 1988;

c) coupable de meurtre;

c.1) coupable d’une tentative de meurtre ou d’un complot pour commettre un meurtre ou faire assassiner une autre personne, pour lequel, à la date de la demande, elle purgeait une peine d’emprisonnement;

d) coupable d’une infraction sexuelle au sens du paragraphe (3) pour laquelle, à la date de la demande, elle purgeait une peine d’emprisonnement;

e) coupable d’un homicide involontaire coupable pour lequel, à la date de la demande, elle purgeait une peine d’emprisonnement.

Certificat

(2) La demande doit être accompagnée du certificat visé à l’alinéa 667(1)a) attestant que la personne fait partie de l’une des catégories visées au paragraphe (1). Le certificat est admissible en preuve sans qu’il soit nécessaire de faire parvenir à cette personne l’avis prévu au paragraphe 667(4).

Infractions sexuelles

(3) « Infraction sexuelle » s’entend de toute infraction :

a) créée par l’une des dispositions suivantes :

(i) article 151 (contacts sexuels),

(ii) article 152 (incitation à des contacts sexuels),

(iii) article 153 (exploitation à des fins sexuelles),

(iv) article 155 (inceste),

(v) paragraphe 212(4) (obtention de services sexuels d’un mineur),

(vi) article 271 (agression sexuelle),

(vii) article 272 (agression sexuelle armée, menace à une tierce personne ou infliction de lésions corporelles),

(viii) article 273 (agression sexuelle grave);

a.1) créée par le paragraphe 348(1) si l’acte criminel visé constitue une infraction sexuelle au sens des alinéas a), b), c) ou d);

b) aux dispositions suivantes du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leurs versions antérieures au 4 janvier 1983 :

(i) article 144 (viol),

(ii) article 146 (rapports sexuels avec une personne du sexe féminin âgée de moins de 14 ans ou âgée de 14 à 16 ans),

(iii) article 148 (rapports sexuels avec une personne faible d’esprit, etc.),

(iv) article 149 (attentat à la pudeur contre une personne du sexe féminin),

(v) article 156 (attentat à la pudeur contre une personne du sexe masculin),

(vi) article 157 (grossière indécence);

c) à l’alinéa 153(1)a) (rapports sexuels avec sa belle-fille, etc.) du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans ses versions antérieures au 1er janvier 1988;

d) constituée par la tentative de perpétrer l’une ou l’autre des infractions énumérées aux alinéas a) à c).

Mode de comparution

(3.01) Le tribunal peut ordonner que la personne ayant reçu avis de la demande présentée en vertu du paragraphe (1) et souhaitant comparaître à l’audience le fasse par système de télévision en circuit fermé ou tout autre moyen leur permettant de se voir et de communiquer simultanément, pourvu que la personne ait la possibilité, si elle est représentée par un avocat, de communiquer en privé avec lui.

Critères

(3.1) Pour décider s’il délivre l’autorisation, le tribunal prend en compte l’effet qu’elle aurait sur la vie privée de l’intéressé et la sécurité de sa personne, son casier judiciaire, la nature de l’infraction et les circonstances de sa perpétration. Il est tenu de motiver sa décision.

Ordonnance

(3.11) Si le tribunal autorise le prélèvement d’échantillons de substances corporelles sur une personne qui est libérée sous conditions et qui a comparu à l’audience, il rend une ordonnance — rédigée selon la formule 5.041 — lui intimant de se présenter aux date, heure et lieu fixés et de se soumettre au prélèvement.

Sommation

(4) Toutefois, si la personne n’a pas comparu à l’audience, elle doit faire l’objet d’une sommation — rédigée selon la formule 5.061 — énonçant les renseignements prévus aux alinéas 487.07(1)b) à d) et lui intimant de se présenter aux date, heure et lieu fixés et de se soumettre au prélèvement.

Signification aux particuliers

(5) La sommation est accompagnée d’une copie de l’autorisation délivrée au titre du paragraphe (1) et est signifiée par un agent de la paix soit à personne, soit, si l’intéressé ne peut commodément être trouvé, à son dernier ou habituel domicile par remise à l’un des occupants du lieu qui paraît être âgé d’au moins seize ans.

(6) [Abrogé, 2008, ch. 18, art. 13]

(7) à (10) [Abrogés, 2007, ch. 22, art. 11]

1998, ch. 37, art. 17; 2000, ch. 10, art. 15; 2005, ch. 25, art. 5; 2007, ch. 22, art. 11; 2008, ch. 18, art. 13.

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Défaut de comparaître

487.0551 (1) Si l’intéressé omet de se présenter aux date, heure et lieu fixés dans l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) ou dans la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3), un juge de paix peut délivrer un mandat d’arrestation — rédigé selon la formule 5.062 — afin de permettre que soit effectué le prélèvement d’échantillons de substances corporelles.

Validité du mandat

(2) Le mandat peut être exécuté en tout lieu au Canada par tout agent de la paix ayant compétence à l’égard de l’intéressé ou dans le lieu en cause et il demeure en vigueur tant qu’il n’a pas été exécuté.

2007, ch. 22, art. 12.

Omission de se conformer à une ordonnance ou sommation

487.0552 (1) Quiconque, sans excuse raisonnable, omet de se conformer à l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) de la présente loi ou des paragraphes 196.14(4) ou 196.24(4) de la Loi sur la défense nationale ou à la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3) de la présente loi est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable par procédure sommaire.

Précision

(2) Il est entendu que l’ordre légitime ayant pour effet d’empêcher le justiciable du code de discipline militaire, au sens du paragraphe 2(1) de la Loi sur la défense nationale, de se conformer à une ordonnance ou à une sommation constitue une excuse raisonnable.

2007, ch. 22, art. 12.

Moment du prélèvement

487.056 (1) Le prélèvement d’échantillons de substances corporelles autorisé au titre de l’article 487.051 est effectué :

a) aux date, heure et lieu fixés dans une ordonnance rendue en vertu du paragraphe 487.051(4) ou dès que possible par la suite;

b) dans les autres cas, le jour où l’ordonnance autorisant le prélèvement est rendue ou dès que possible par la suite.

Moment du prélèvement

(2) Le prélèvement d’échantillons de substances corporelles autorisé au titre des articles 487.055 ou 487.091 est effectué :

a) aux date, heure et lieu fixés dans l’ordonnance rendue en vertu du paragraphe 487.055(3.11) ou dans la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3) ou dès que possible par la suite;

b) dans les autres cas, dès que possible après la délivrance de l’autorisation.

Moment du prélèvement

(3) Si l’intéressé omet de se présenter comme l’exige l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) ou la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3), le prélèvement d’échantillons de substances corporelles est effectué :

a) dès l’arrestation de l’intéressé au titre d’un mandat délivré en vertu du paragraphe 487.0551(1) ou dès que possible par la suite;

b) dès que possible après qu’il s’est présenté au lieu prévu par l’ordonnance ou la sommation, si aucun mandat d’arrestation n’est délivré.

Appels

(4) Les paragraphes (1) à (3) s’appliquent même lorsque l’ordonnance ou l’autorisation fait l’objet d’un appel.

Prélèvement

(5) L’agent de la paix autorisé à prélever des échantillons de substances corporelles en vertu des articles 487.051, 487.055 ou 487.091 peut les faire prélever en tout lieu au Canada où se trouve l’intéressé.

Personne effectuant les prélèvements

(6) Le prélèvement est effectué par un agent de la paix ayant compétence à l’égard de l’intéressé ou dans le lieu en cause — ou toute autre personne agissant sous son autorité — capable d’y procéder du fait de sa formation ou de son expérience.

1998, ch. 37, art. 17; 2000, ch. 10, art. 16; 2002, ch. 1, art. 179(A); 2005, ch. 25, art. 6; 2007, ch. 22, art. 13.

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Rapport

487.057 (1) L’agent de la paix qui effectue le prélèvement d’échantillons de substances corporelles ou le fait effectuer sous son autorité par une personne qui n’est pas un agent de la paix doit, dès que possible après le prélèvement, en dresser un rapport selon la formule 5.07 et le faire déposer :

a) soit auprès du juge de la cour provinciale qui a délivré le mandat en vertu de l’article 487.05 ou l’autorisation en vertu des articles 487.055 ou 487.091 ou auprès d’un autre juge de la même cour;

b) soit auprès du tribunal qui a rendu l’ordonnance en vertu de l’article 487.051.

Teneur du rapport

(2) Le rapport précise la date et l’heure du prélèvement de même que les substances qui ont été prélevées.

Copie du rapport

(3) L’agent de la paix qui effectue le prélèvement ou le fait effectuer sous son autorité à la demande d’un autre agent de la paix est tenu de faire parvenir une copie du rapport à celui-ci, sauf si ce dernier avait compétence pour l’effectuer lui-même.

1998, ch. 37, art. 17; 2000, ch. 10, art. 17; 2007, ch. 22, art. 14.

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Immunité

487.058 L’agent de la paix ou toute personne agissant sous son autorité qui prélève des échantillons de substances corporelles au titre du mandat délivré en vertu de l’article 487.05, de l’ordonnance rendue en vertu de l’article 487.051 ou de l’autorisation délivrée en vertu des articles 487.055 ou 487.091 ne peut être poursuivi, ni au civil ni au criminel, pour les actes nécessaires qu’il accomplit à cette fin en prenant les précautions voulues.

1998, ch. 37, art. 17; 2000, ch. 10, art. 18; 2007, ch. 22, art. 15.

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Prélèvements

487.06 (1) Le mandat délivré en vertu de l’article 487.05, l’ordonnance rendue en vertu de l’article 487.051 ou l’autorisation délivrée en vertu des articles 487.055 ou 487.091 autorise l’agent de la paix — ou toute personne agissant sous son autorité — à obtenir des échantillons de substances corporelles de l’intéressé par prélèvement :

a) de cheveux ou de poils comportant la gaine épithéliale;

b) de cellules épithéliales par écouvillonnage des lèvres, de la langue ou de l’intérieur des joues;

c) de sang au moyen d’une piqûre à la surface de la peau avec une lancette stérilisée.

Modalités

(2) Le mandat, l’ordonnance ou l’autorisation énonce les modalités que le juge de la cour provinciale ou le tribunal, selon le cas, estime indiquées pour assurer le caractère raisonnable du prélèvement dans les circonstances.

Prise des empreintes digitales

(3) Dans le cas de l’ordonnance rendue en vertu de l’article 487.051 ou de l’autorisation délivrée en vertu des articles 487.055 ou 487.091, l’agent de la paix — ou toute personne agissant sous son autorité — peut également, pour l’application de la Loi sur l’identification par les empreintes génétiques, prendre les empreintes digitales de l’intéressé.

1995, ch. 27, art. 1; 1998, ch. 37, art. 18; 2000, ch. 10, art. 19; 2007, ch. 22, art. 16.

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Obligation d’informer l’intéressé

487.07 (1) Avant de procéder ou de faire procéder sous son autorité au prélèvement d’échantillons de substances corporelles au titre du mandat délivré en vertu de l’article 487.05, de l’ordonnance rendue en vertu de l’article 487.051 ou de l’autorisation délivrée en vertu des articles 487.055 ou 487.091, l’agent de la paix est tenu d’informer l’intéressé :

a) de la teneur du mandat, de l’ordonnance ou de l’autorisation, selon le cas;

b) de la nature du prélèvement;

c) du but du prélèvement;

d) de son pouvoir — ou de celui de toute personne agissant sous son autorité — d’employer la force nécessaire pour procéder au prélèvement;

d.1) [Abrogé, 2000, ch. 10, art. 20]

e) dans le cas où les échantillons sont prélevés en exécution d’un mandat :

(i) de la possibilité que les résultats de l’analyse génétique soient présentés en preuve,

(ii) s’il s’agit d’un adolescent, des droits prévus au paragraphe (4).

Détention

(2) L’intéressé peut, aux fins du prélèvement, être détenu pendant la période que justifient les circonstances et contraint d’accompagner tout agent de la paix.

Respect de la vie privée

(3) L’agent de la paix — ou la personne agissant sous son autorité — qui procède au prélèvement veille à respecter autant que faire se peut la vie privée de l’intéressé.

Exécution du mandat — adolescent

(4) Si l’intéressé est un adolescent, il a, en plus des droits relatifs à sa détention pour l’exécution du mandat, le droit de se voir donner la possibilité de consulter un avocat et soit son père ou sa mère, soit, en l’absence du père ou de la mère, un parent adulte, soit, en l’absence du père ou de la mère et du parent adulte, tout autre adulte idoine qu’il aura choisi et d’exiger que le mandat soit exécuté en présence d’une telle personne.

Renonciation

(5) L’adolescent peut renoncer aux droits prévus au paragraphe (4); la renonciation doit soit être enregistrée, notamment sur bande audio ou vidéo, soit être faite par écrit et comporter une déclaration signée par l’adolescent, attestant qu’il a été informé des droits auxquels il renonce.

1995, ch. 27, art. 1 et 3; 1998, ch. 37, art. 19; 2000, ch. 10, art. 20; 2007, ch. 22, art. 17.

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Vérification

487.071 (1) L’agent de la paix ou la personne agissant sous son autorité doit, avant de prélever des échantillons de substances corporelles au titre de l’ordonnance rendue en vertu de l’article 487.051 ou de l’autorisation délivrée en vertu des articles 487.055 ou 487.091, vérifier si le fichier des condamnés de la banque nationale de données génétiques, établie sous le régime de la Loi sur l’identification par les empreintes génétiques, renferme déjà le profil d’identification génétique de l’intéressé.

Profil présent dans le fichier des condamnés

(2) Si le profil d’identification génétique de l’intéressé se trouve déjà dans le fichier des condamnés de la banque nationale de données génétiques, l’agent de la paix ou la personne agissant sous son autorité ne procède pas au prélèvement et :

a) d’une part, inscrit sur l’ordonnance ou l’autorisation qu’il a été informé de la présence du profil d’identification génétique de l’intéressé dans la banque de données;

b) d’autre part, transmet au commissaire de la Gendarmerie royale du Canada un double de l’ordonnance ou de l’autorisation avec l’inscription et tout autre renseignement prévu par les règlements pris en vertu de la Loi sur l’identification par les empreintes génétiques.

Profil absent du fichier des condamnés

(3) Si le profil d’identification génétique de l’intéressé ne se trouve pas dans le fichier des condamnés de la banque nationale de données génétiques, l’agent de la paix ou la personne agissant sous son autorité procède au prélèvement et transmet au commissaire de la Gendarmerie royale du Canada les substances corporelles prélevées et un double de l’ordonnance ou de l’autorisation et tout autre renseignement prévu par les règlements pris en vertu de la Loi sur l’identification par les empreintes génétiques.

1998, ch. 37, art. 20; 2000, ch. 10, art. 21; 2005, ch. 25, art. 8; 2007, ch. 22, art. 18.

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Utilisation des substances — mandat

487.08 (1) Il est interdit d’utiliser les substances corporelles prélevées en vertu du mandat visé à l’article 487.05 ou de celui visé à l’article 196.12 de la Loi sur la défense nationale sauf pour analyse génétique dans le cadre d’une enquête relative à l’infraction désignée.

Utilisation des substances — ordonnances ou autorisations

(1.1) Il est interdit d’utiliser les substances corporelles prélevées au titre de l’ordonnance rendue en vertu de l’article 487.051 de la présente loi ou de l’article 196.14 de la Loi sur la défense nationale ou de l’autorisation délivrée en vertu des articles 487.055 ou 487.091 de la présente loi ou de l’article 196.24 de la Loi sur la défense nationale, sauf pour transmission au commissaire de la Gendarmerie royale du Canada, pour analyse génétique, en conformité avec la Loi sur l’identification par les empreintes génétiques.

Utilisation des résultats — mandat

(2) Il est interdit d’utiliser les résultats de l’analyse génétique des substances corporelles prélevées en vertu du mandat visé à l’article 487.05 ou de celui visé à l’article 196.12 de la Loi sur la défense nationale sauf dans le cadre d’une enquête relative à l’infraction désignée ou à toute autre infraction désignée visée par un mandat ou à l’égard de laquelle une substance corporelle a été trouvée dans les circonstances précisées à l’alinéa 487.05(1)b) ou à l’alinéa 196.12(1)b) de la Loi sur la défense nationale.

(2.1) [Abrogé, 2005, ch. 25, art. 9]

Infraction

(3) Quiconque contrevient aux paragraphes (1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Infraction

(4) Quiconque contrevient au paragraphe (1.1) est coupable, selon le cas :

a) d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’une amende maximale de 2 000 $ et d’un emprisonnement maximal de six mois, ou de l’une de ces peines.

1995, ch. 27, art. 1; 1998, ch. 37, art. 21; 2000, ch. 10, art. 22; 2005, ch. 25, art. 9; 2007, ch. 22, art. 19.

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Destruction des substances — mandat

487.09 (1) Sous réserve du paragraphe (2), les substances corporelles prélevées sur une personne en exécution du mandat visé à l’article 487.05 et les résultats de l’analyse génétique y afférente sont détruits ou, dans le cas de résultats sur support électronique, rendus inaccessibles une fois pour toutes, selon le cas :

a) dès que ceux-ci indiquent que la substance visée à l’alinéa 487.05(1)b) ne provient pas de cette personne;

b) dès que celle-ci est acquittée définitivement de l’infraction désignée et de toute autre infraction qui découle de la même affaire;

c) un an après les faits suivants, s’il n’y a pas de reprise des procédures, de nouvelle dénonciation ou de nouvel acte d’accusation relatif à l’infraction désignée ou à toute autre infraction qui découle de la même affaire au cours de cette année :

(i) sa libération au terme de l’enquête préliminaire, relative à l’infraction désignée ou à toute autre infraction qui découle de la même affaire,

(ii) le rejet de la dénonciation relative à l’infraction désignée ou à toute autre infraction qui découle de la même affaire autrement que par acquittement, ou son retrait,

(iii) la suspension des procédures engagées contre elle relativement à cette affaire en application des articles 572, 579 ou 795.

Exception

(2) Un juge de la cour provinciale peut ordonner le report de la destruction pour la période qu’il estime indiquée, s’il est convaincu que les substances corporelles et les résultats pourraient être nécessaires aux fins d’une enquête ou d’une poursuite relative à la personne visée pour une autre infraction désignée ou relative à une autre personne pour l’infraction désignée ou pour toute autre infraction qui découle de la même affaire.

Destruction des substances fournies volontairement

(3) Les substances corporelles fournies volontairement par une personne et les résultats de l’analyse génétique y afférente sont détruits ou, dans le cas de résultats sur support électronique, rendus inaccessibles une fois pour toutes dès que ceux-ci indiquent que la substance visée à l’alinéa 487.05(1)b) ne provient pas de cette personne.

1995, ch. 27, art. 1; 1998, ch. 37, art. 22.

Prélèvement d’échantillons supplémentaires

487.091 (1) Sur demande ex parte présentée selon la formule 5.08, un juge de la cour provinciale peut autoriser — en utilisant la formule 5.09 — le prélèvement en conformité avec le paragraphe 487.06(1), pour analyse génétique, du nombre d’échantillons supplémentaires de substances corporelles jugé nécessaire à cette fin si, selon le cas :

a) un profil d’identification génétique ne peut être établi à partir des échantillons de substances corporelles déjà prélevés au titre d’une ordonnance rendue en vertu de l’article 487.051 ou d’une autorisation délivrée en vertu de l’article 487.055;

b) la transmission des échantillons ou des renseignements exigés par les règlements pris sous le régime de la Loi sur l’identification par les empreintes génétiques n’a pas été faite conformément à ces règlements ou les échantillons ou renseignements ont été perdus.

Motifs

(2) La demande doit énoncer les raisons pour lesquelles soit le profil n’a pu être établi, soit les échantillons ou les renseignements n’ont pas été transmis conformément aux règlements ou ont été perdus.

Personnes non détenues

(3) Si le tribunal autorise le prélèvement d’échantillons de substances corporelles sur une personne qui n’est pas sous garde, celle-ci doit faire l’objet d’une sommation — rédigée selon la formule 5.061 — énonçant les renseignements prévus aux alinéas 487.07(1)b) à d) et lui intimant de se présenter aux date, heure et lieu fixés et de se soumettre au prélèvement. Les paragraphes 487.055(5) et (6) s’appliquent alors, avec les adaptations nécessaires.

1998, ch. 37, art. 23; 2000, ch. 10, art. 23; 2005, ch. 25, art. 10; 2007, ch. 22, art. 20.

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Examen par le procureur général

487.0911 (1) S’il reçoit du commissaire de la Gendarmerie royale du Canada l’avis prévu au paragraphe 5.2(1) de la Loi sur l’identification par les empreintes génétiques l’informant que l’ordonnance rendue en vertu de l’article 487.051 ou l’autorisation délivrée en vertu de l’article 487.091 semble comporter une erreur, le procureur général procède à l’examen de l’ordonnance ou de l’autorisation et du dossier du tribunal.

Erreur d’écriture

(2) S’il estime qu’il s’agit d’une erreur d’écriture, le procureur général présente au juge qui a rendu l’ordonnance ou donné l’autorisation, ou à un autre juge de la même juridiction, une demande ex parte visant à la corriger, puis il transmet au commissaire un double de la version corrigée, le cas échéant.

Erreur de fond

(3) S’il estime que l’infraction mentionnée dans l’ordonnance ou l’autorisation n’est pas une infraction désignée, le procureur général en fait part au commissaire.

Aucune erreur

(4) S’il estime que l’infraction mentionnée dans l’ordonnance ou l’autorisation est une infraction désignée, le procureur général le confirme par écrit au commissaire, avec motifs à l’appui.

2005, ch. 25, art. 11; 2007, ch. 22, art. 21.

Dénonciation

487.092 (1) Un juge de paix peut décerner un mandat par écrit autorisant un agent de la paix à accomplir lui-même ou à faire accomplir par une autre personne sous son autorité tout acte qui y est mentionné, pour obtenir les empreintes des mains, des doigts, des pieds ou des dents d’une personne ou toute autre empreinte de son corps si les conditions suivantes sont réunies :

a) le juge de paix est convaincu, à la suite d’une dénonciation par écrit faite sous serment, qu’il existe des motifs raisonnables de croire qu’une infraction à la présente loi ou à toute autre loi fédérale a été commise et que des renseignements relatifs à l’infraction seront obtenus grâce à ces empreintes;

b) il est convaincu que la délivrance du mandat servirait au mieux l’administration de la justice.

Fouilles, perquisitions ou saisies raisonnables

(2) Le mandat doit énoncer les modalités que le juge estime opportunes pour que la fouille, la perquisition ou la saisie soit raisonnable dans les circonstances.

Application des paragraphes 487(2) et (4)

(3) Les paragraphes 487(2) et (4) s’appliquent, avec les adaptations nécessaires, au mandat décerné en vertu du paragraphe (1).

Télémandats

(4) Un mandat peut être décerné sous le régime du présent article sur le fondement d’une dénonciation transmise par téléphone ou autre moyen de télécommunication lorsque l’agent de la paix considère qu’il serait peu commode de se présenter en personne devant un juge; l’article 487.1 s’applique alors avec les adaptations nécessaires.

1997, ch. 18, art. 45; 1998, ch. 37, art. 23.

Autres dispositions : mandat de perquisition Télémandats

487.1 (1) L’agent de la paix qui croit qu’un acte criminel a été commis et considère qu’il serait peu commode de se présenter en personne devant un juge de paix pour y demander un mandat de perquisition en conformité avec l’article 256 ou 487 peut faire, à un juge de paix désigné par le juge en chef de la cour provinciale qui a compétence, une dénonciation sous serment par téléphone ou à l’aide d’un autre moyen de télécommunication.

Dénonciation présentée par certains moyens

(2) La dénonciation présentée par téléphone ou à l’aide d’un autre moyen de communication qui ne peut rendre la communication sous forme écrite est faite sous serment et consignée mot à mot dans un procès-verbal ou enregistrée mécaniquement par le juge de paix qui, dans les plus brefs délais, fait déposer auprès du greffier du tribunal de la circonscription territoriale où le mandat doit être exécuté le procès-verbal ou une transcription de l’enregistrement de la dénonciation; le juge de paix en certifie le contenu, la date et l’heure.

Dénonciation présentée par d’autres moyens

(2.1) Le juge de paix qui reçoit la dénonciation présentée par un moyen de télécommunication qui rend la communication sous forme écrite la fait déposer dans les plus brefs délais auprès du greffier du tribunal de la circonscription territoriale où le mandat doit être exécuté et il certifie la date et l’heure de sa réception.

Serment

(3) Pour l’application du paragraphe (2), un serment peut être prêté par téléphone ou à l’aide d’un autre moyen de télécommunication.

Alternative au serment

(3.1) L’agent de la paix qui présente une dénonciation de la façon prévue au paragraphe (2.1) peut, au lieu de prêter serment, choisir de faire une déclaration par écrit selon laquelle il croit vrais, au meilleur de sa connaissance, les renseignements contenus dans la dénonciation. Sa déclaration est réputée être faite sous serment.

Contenu de la dénonciation

(4) Une dénonciation faite par téléphone ou à l’aide d’un autre moyen de télécommunication comporte les éléments suivants :

a) un énoncé des circonstances qui rendent peu commode pour l’agent de la paix de se présenter en personne devant le juge de paix;

b) un énoncé de l’acte criminel présumé, des lieux qui doivent faire l’objet de la perquisition et des objets que l’on prétend pouvoir y saisir;

c) un énoncé des motifs sur lesquels l’agent de la paix se fonde pour croire que des objets saisissables liés à l’infraction présumée se trouveront dans les lieux à perquisitionner;

d) un énoncé des autres demandes de mandat en vertu du présent article ou de tout autre mandat de perquisition qui ont été faites à l’égard de la même affaire et dont l’agent de la paix a connaissance.

Délivrance du mandat

(5) Le juge de paix visé au paragraphe (1) peut décerner à un agent de la paix un mandat lui accordant les mêmes pouvoirs en matière de perquisition et de saisie que lui accorderait un mandat décerné en vertu du paragraphe 256(1) ou 487(1) à la condition d’être convaincu que la dénonciation faite par téléphone ou à l’aide d’un autre moyen de télécommunication remplit les conditions suivantes :

a) elle vise un acte criminel et rencontre les exigences du paragraphe (4);

b) elle démontre l’existence de motifs raisonnables pour exempter l’agent de la paix de se présenter en personne et de soumettre sa dénonciation par écrit;

c) elle démontre l’existence de motifs raisonnables pour décerner un mandat de perquisition à l’égard d’un acte criminel en conformité avec le paragraphe 256(1) ou les alinéas 487(1)a), b) ou c), selon le cas.

Il peut exiger que le mandat soit exécuté dans le délai qu’il fixe.

Formalités

(6) Dans le cas d’un mandat décerné par téléphone ou à l’aide d’un autre moyen de télécommunication qui ne peut rendre la communication sous forme écrite :

a) le juge de paix remplit et signe le mandat suivant la formule 5.1; il y indique l’endroit où le mandat est décerné, la date et l’heure;

b) l’agent de la paix, sur l’ordre du juge de paix, complète en double exemplaire un fac­ similé du mandat selon la formule 5.1; il y indique le nom du juge de paix qui décerne le mandat, le lieu où le mandat est décerné, la date et l’heure;

c) le juge de paix, dans les plus brefs délais possible après avoir décerné un mandat, fait déposer le mandat auprès du greffier du tribunal de la circonscription territoriale où le mandat doit être exécuté.

Délivrance du mandat en cas de télécommunication écrite

(6.1) Dans le cas d’un mandat décerné à l’aide d’un moyen de télécommunication qui rend la communication sous forme écrite :

a) le juge de paix remplit et signe le mandat suivant la formule 5.1; il y indique la date, l’heure et l’endroit de sa délivrance;

b) il transmet le mandat à l’agent de la paix qui a présenté la dénonciation; la copie que reçoit l’agent de la paix est réputée être un fac-similé au sens de l’alinéa (6)b);

c) l’agent de la paix produit un autre fac-similé du mandat;

d) le juge de paix, dans les plus brefs délais possible après avoir décerné un mandat, fait déposer celui-ci auprès du greffier du tribunal de la circonscription territoriale où le mandat doit être exécuté.

Fac-similé

(7) L’agent de la paix qui exécute un mandat de perquisition décerné par téléphone ou à l’aide d’un autre moyen de télécommunication, à l’exception d’un mandat décerné en

vertu du paragraphe 256(1), doit, avant de pénétrer dans les lieux à perquisitionner ou dans les plus brefs délais possible par la suite, remettre un fac-similé du mandat à toute personne présente et apparemment responsable des lieux.

Affichage d’un fac-similé

(8) L’agent de la paix qui exécute dans des lieux inoccupés un mandat de perquisition décerné par téléphone ou à l’aide d’un autre moyen de télécommunication, à l’exception d’un mandat décerné en vertu du paragraphe 256(1), doit, dès qu’il y pénètre ou dans les plus brefs délais possible par la suite, afficher un fac-similé du mandat dans un endroit bien en vue dans le lieu en question.

Rapport de l’agent de la paix

(9) L’agent de la paix à qui un mandat de perquisition a été décerné par téléphone ou à l’aide d’un autre moyen de télécommunication prépare un rapport dans les plus brefs délais possible mais au plus tard dans les sept jours suivant l’exécution du mandat; il dépose son rapport dans le même délai auprès du greffier du tribunal de la circonscription territoriale où le mandat devait être exécuté; le rapport comporte les éléments suivants :

a) une indication de la date et de l’heure de son exécution ou, si le mandat n’a pas été exécuté, une explication des raisons pour lesquelles il ne l’a pas été;

b) une mention, s’il y a lieu, des choses qui ont été saisies en vertu du mandat et une indication de l’endroit où elles sont gardées;

c) une mention, s’il y a lieu, des choses qui ont été saisies mais qui n’étaient pas mentionnées dans le mandat et une indication de l’endroit où elles sont gardées; dans ce cas, l’agent de la paix donne les motifs sur lesquels il se fondait pour croire que ces objets supplémentaires avaient été obtenus par la perpétration d’une infraction ou utilisés dans le cadre de celle-ci.

Remise au juge de paix

(10) Le greffier du tribunal visé au paragraphe (9) fait remettre dans les plus brefs délais à un juge de paix le rapport, la dénonciation et le mandat qui s’y rattache pour qu’il en soit disposé comme s’il s’agissait d’un mandat décerné par ce juge de paix ou un autre juge de paix de la même circonscription territoriale.

Preuve de l’autorisation

(11) Dans des procédures où il importe au tribunal d’être convaincu qu’une perquisition ou une saisie a été autorisée par un mandat décerné par téléphone ou à l’aide d’un autre moyen de télécommunication, l’absence du mandat original ou de la dénonciation signée par le juge de paix et comportant une mention des date, heure et endroit de sa délivrance

est, en l’absence de toute preuve contraire, une preuve que la perquisition ou la saisie n’ont pas été correctement autorisées.

Copies et fac-similés sont acceptés

(12) Les copies ou fac-similés du mandat ou de la dénonciation ont, pour l’application du paragraphe (11), la même force probante que l’original.

L.R. (1985), ch. 27 (1er suppl.), art. 69; 1992, ch. 1, art. 58, 59(A) et 60(F); 1994, ch. 44, art. 37.

Cas où le mandat n’est pas nécessaire

487.11 L’agent de la paix ou le fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale peut, pour l’accomplissement de ses fonctions, exercer, sans mandat, tous les pouvoirs prévus aux paragraphes 487(1) ou 492.1(1) lorsque l’urgence de la situation rend difficilement réalisable l’obtention du mandat, sous réserve que les conditions de délivrance de celui-ci soient réunies.

1997, ch. 18, art. 46.

Non-publication

487.2 Dans le cas où un mandat de perquisition a été décerné en vertu des articles 487 ou 487.1, ou une perquisition est effectuée en vertu d’un tel mandat, est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, à moins qu’une accusation n’ait été portée à l’égard d’une infraction visée par le mandat, quiconque publie ou diffuse de quelque façon que ce soit, sans la permission de chaque personne visée à l’alinéa b), des renseignements concernant :

a) soit l’endroit où s’est faite ou doit se faire la perquisition;

b) soit l’identité de la personne qui occupe ou semble occuper cet endroit ou en est ou semble en être responsable ou qui est soupçonnée d’être impliquée dans une infraction à l’égard de laquelle le mandat fut décerné.

L.R. (1985), ch. 27 (1er suppl.), art. 69; 2005, ch. 32, art. 16.

Version précédente

Ordonnance interdisant l’accès aux renseignements donnant lieu au mandat ou à l’ordonnance de communication

487.3 (1) Le juge ou le juge de paix peut, sur demande présentée lors de la délivrance du mandat, en vertu de la présente loi ou d’une autre loi fédérale, de la délivrance d’une

ordonnance de communication prévue aux articles 487.012 ou 487.013 ou de celle de l’autorisation prévue aux articles 529 ou 529.4, ou par la suite, interdire, par ordonnance, l’accès à l’information relative au mandat, à l’ordonnance de communication ou à l’autorisation et la communication de cette information pour le motif que, à la fois :

a) la communication, pour les raisons mentionnées au paragraphe (2), serait préjudiciable aux fins de la justice ou l’information pourrait être utilisée à des fins illégitimes;

b) la raison visée à l’alinéa a) l’emporte sur l’importance de l’accès à l’information.

Raisons

(2) L’ordonnance interdisant la communication au motif que celle-ci serait préjudiciable aux fins de la justice peut être fondée sur les raisons suivantes :

a) la communication, selon le cas :

(i) compromettrait la confidentialité de l’identité d’un informateur,

(ii) compromettrait la nature et l’étendue des enquêtes en cours,

(iii) mettrait en danger ceux qui pratiquent des techniques secrètes d’obtention de renseignements et compromettrait ainsi la tenue d’enquêtes ultérieures au cours desquelles de telles techniques seraient utilisées,

(iv) causerait un préjudice à un innocent;

b) toute autre raison suffisante.

Procédure

(3) Tous les documents relatifs à une demande faite en application du paragraphe (1) sont, sous réserve des modalités que le juge de paix ou le juge estime indiquées dans les circonstances, notamment quant à la durée de l’interdiction, la communication partielle de tout document, la suppression de certains passages ou la survenance d’une condition, placés dans un paquet scellé par le juge de paix ou le juge auquel la demande est faite dès qu’une décision est prise au sujet de cette demande; ce paquet est gardé par le tribunal, en un lieu auquel le public n’a pas accès ou en tout autre lieu que le juge de paix ou le juge peut autoriser et il ne peut en être disposé que conformément aux modalités fixées par le juge de paix ou le juge dans l’ordonnance ou dans l’ordonnance modifiée conformément au paragraphe (4).

Modification

(4) La demande visant à mettre fin à l’ordonnance ou à en modifier les modalités peut être présentée au juge de paix ou au juge qui l’a rendue ou à un juge du tribunal pouvant

être saisi de la poursuite découlant de l’enquête dans le cadre de laquelle le mandat, l’ordonnance de communication ou l’autorisation a été délivré.

1997, ch. 23, art. 14, ch. 39, art. 1; 2004, ch. 3, art. 8.

Version précédente

Exécution d’un mandat de perquisition

488. Un mandat décerné en vertu des articles 487 ou 487.1 est exécuté de jour, à moins que les conditions suivantes ne soient réunies :

a) le juge de paix est convaincu qu’il existe des motifs raisonnables de l’exécuter la nuit;

b) la dénonciation énonce ces motifs raisonnables;

c) le libellé du mandat en autorise l’exécution la nuit.

L.R. (1985), ch. C-46, art. 488; L.R. (1985), ch. 27 (1er suppl.), art. 70; 1997, ch. 18, art. 47.

Définitions

488.1 (1) Les définitions qui suivent s’appliquent au présent article.

« avocat »

“lawyer”

« avocat » Dans la province de Québec, un avocat ou un notaire, et dans les autres provinces, un barrister ou un solicitor.

« document »

“document”

« document » Pour l’application du présent article, s’entend au sens de l’article 321.

« fonctionnaire »

“officer”

« fonctionnaire » Agent de la paix ou fonctionnaire public.

« gardien »

“custodian”

« gardien » Personne à qui la garde d’un paquet est confiée conformément au paragraphe (2).

« juge »

“judge”

« juge » Juge d’une cour supérieure de juridiction criminelle de la province où la saisie a été faite.

Examen ou saisie de certains documents lorsque le privilège est invoqué

(2) Lorsqu’un fonctionnaire agissant sous le régime de la présente loi ou de toute autre loi fédérale est sur le point d’examiner, de copier ou de saisir un document en la possession d’un avocat qui prétend qu’un de ses clients, nommément désigné, jouit du privilège des communications entre client et avocat en ce qui concerne ce document, le fonctionnaire doit, sans examiner le document ni le copier :

a) le saisir et en faire un paquet qu’il doit convenablement sceller et identifier;

b) confier le paquet à la garde du shérif du district ou du comté où la saisie a été effectuée ou, s’il existe une entente écrite désignant une personne qui agira en qualité de gardien, à la garde de cette dernière.

Demande à un juge

(3) Lorsqu’un document a été saisi et placé sous garde en vertu du paragraphe (2), le procureur général, le client ou l’avocat au nom de son client, peut :

a) dans un délai de quatorze jours à compter de la date où le document a été placé sous garde, demander à un juge, moyennant un avis de présentation de deux jours adressé à toute autre personne qui pourrait faire une demande, de rendre une ordonnance :

(i) fixant une date, au plus tard vingt et un jours après la date de l’ordonnance, et un endroit, où sera décidée la question de savoir si le document doit être communiqué,

(ii) en outre, exigeant du gardien qu’il présente le document au juge au moment et au lieu fixés;

b) faire signifier une copie de l’ordonnance à toute personne qui pourrait faire une demande et au gardien dans les six jours de la date où elle est rendue;

c) s’il a procédé ainsi que l’alinéa b) l’autorise, demander, au moment et au lieu fixés, une ordonnance qui tranche la question.

Décision concernant la demande

(4) Suite à une demande prévue à l’alinéa (3)c), le juge :

a) peut examiner le document, s’il l’estime nécessaire, pour établir si le document doit être communiqué;

b) peut, s’il est d’avis que cela l’aidera à rendre sa décision sur le caractère privilégié du document, permettre au procureur général d’examiner le document;

c) doit permettre au procureur général et à toute personne qui s’oppose à la communication du document de lui présenter leurs observations;

d) doit trancher la question de façon sommaire et :

(i) s’il est d’avis que le document ne doit pas être communiqué, s’assurer que celui-ci est remballé et scellé à nouveau et ordonner au gardien de le remettre à l’avocat qui a allégué le privilège des communications entre client et avocat ou à son client,

(ii) s’il est d’avis que le document doit être communiqué, ordonner au gardien de remettre celui-ci au fonctionnaire qui a fait la saisie ou à quelque autre personne désignée par le procureur général, sous réserve des restrictions et conditions qu’il estime appropriées.

Le juge motive brièvement sa décision en décrivant la nature du document sans toutefois en révéler les détails.

Privilège continu

(5) Lorsque le juge décide, conformément à l’alinéa (4)d), qu’un privilège des communications entre client et avocat existe en ce qui concerne un document, ce document demeure privilégié et inadmissible en preuve, que le juge ait permis ou non au procureur général de l’examiner, conformément à l’alinéa (4)b), à moins que le client n’y consente ou que le privilège ne soit autrement perdu.

Ordonnance enjoignant au gardien de remettre le document

(6) Lorsqu’un document a été saisi et placé sous garde, en vertu du paragraphe (2) et qu’un juge, sur la demande du procureur général, est convaincu qu’aucune demande prévue à l’alinéa (3)a) n’a été faite, ou, si elle l’a été, qu’elle n’a pas été suivie d’une autre demande prévue à l’alinéa (3)c), il doit ordonner au gardien de remettre le document au fonctionnaire qui a fait la saisie ou à quelque autre personne désignée par le procureur général.

Demandes à un autre juge

(7) Lorsque, pour quelque motif, le juge à qui une demande a été faite selon l’alinéa (3)c) ne peut agir ni continuer d’agir en vertu du présent article, des demandes subséquentes faites en vertu de cet alinéa peuvent être faites à un autre juge.

Interdiction

(8) Aucun fonctionnaire ne doit examiner ni saisir un document ou en faire des copies sans donner aux intéressés une occasion raisonnable de formuler une objection fondée sur le privilège des communications entre client et avocat en vertu du paragraphe (2).

Autorisation de faire des copies

(9) En tout temps, lorsqu’un document est entre les mains d’un gardien selon le présent article, un juge peut, sur une demande ex parte de la personne qui s’oppose à la divulgation du document alléguant le privilège des communications entre client et avocat, autoriser cette dernière à examiner le document ou à en faire une copie en présence du gardien ou du juge; cependant une telle autorisation doit contenir les dispositions nécessaires pour que le document soit remballé et le paquet scellé à nouveau sans modification ni dommage.

Huis clos

(10) La demande visée à l’alinéa (3)c) est entendue à huis clos.

Exception

(11) Le présent article ne s’applique pas lorsque peut être invoqué le privilège des communications entre client et avocat en vertu de la Loi de l’impôt sur le revenu ou le secret professionnel du conseiller juridique en vertu de la Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes.

L.R. (1985), ch. 27 (1er suppl.), art. 71; 2000, ch. 17, art. 89; 2001, ch. 41, art. 80.

Saisie de choses non spécifiées

489. (1) Quiconque exécute un mandat peut saisir, outre ce qui est mentionné dans le mandat, toute chose qu’il croit, pour des motifs raisonnables :

a) avoir été obtenue au moyen d’une infraction à la présente loi ou à toute autre loi fédérale;

b) avoir été employée à la perpétration d’une infraction à la présente loi ou à toute autre loi fédérale;

c) pouvoir servir de preuve touchant la perpétration d’une infraction à la présente loi ou à toute autre loi fédérale.

Saisie sans mandat

(2) L’agent de la paix ou le fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale qui se trouve légalement en un endroit en vertu d’un mandat ou pour l’accomplissement de ses fonctions peut, sans mandat, saisir toute chose qu’il croit, pour des motifs raisonnables :

a) avoir été obtenue au moyen d’une infraction à la présente loi ou à toute autre loi fédérale;

b) avoir été employée à la perpétration d’une infraction à la présente loi ou à toute autre loi fédérale;

c) pouvoir servir de preuve touchant la perpétration d’une infraction à la présente loi ou à toute autre loi fédérale.

L.R. (1985), ch. C-46, art. 489; L.R. (1985), ch. 27 (1er suppl.), art. 72, ch. 42 (4e suppl.), art. 3; 1993, ch. 40, art. 16; 1997, ch. 18, art. 48.

Remise des biens ou rapports

489.1 (1) Sous réserve des autres dispositions de la présente loi ou de toute autre loi fédérale, l’agent de la paix qui a saisi des biens en vertu d’un mandat décerné sous le régime de la présente loi, en vertu des articles 487.11 ou 489 ou autrement dans l’exercice des fonctions que lui confère la présente loi ou une autre loi fédérale doit, dans les plus brefs délais possible :

a) lorsqu’il est convaincu :

(i) d’une part, qu’il n’y a aucune contestation quant à la possession légitime des biens saisis,

(ii) d’autre part, que la détention des biens saisis n’est pas nécessaire pour les fins d’une enquête, d’une enquête préliminaire, d’un procès ou d’autres procédures,

remettre les biens saisis, et en exiger un reçu, à la personne qui a droit à la possession légitime de ceux-ci et en faire rapport au juge de paix qui a décerné le mandat ou à un autre juge de paix de la même circonscription territoriale ou, en l’absence de mandat, à un juge de paix qui a compétence dans les circonstances;

b) s’il n’est pas convaincu de l’existence des circonstances visées aux sous-alinéas a)(i) et (ii) :

(i) soit emmener les biens saisis devant le juge de paix visé à l’alinéa a),

(ii) soit faire rapport au juge de paix qu’il a saisi les biens et qu’il les détient ou veille à ce qu’ils le soient,

pour qu’il en soit disposé selon que le juge de paix l’ordonne en conformité avec le paragraphe 490(1).

Remise des biens ou rapports

(2) Sous réserve des autres dispositions de la présente loi ou d’une autre loi fédérale, la personne qui n’est pas un agent de la paix et qui a saisi des biens en vertu d’un mandat décerné sous le régime de la présente loi, en vertu des articles 487.11 ou 489 ou autrement dans l’exercice des fonctions que lui confère la présente loi ou une autre loi fédérale doit, dans les plus brefs délais possible :

a) soit apporter les biens saisis devant le juge de paix qui a décerné le mandat ou un autre juge de paix de la même circonscription territoriale ou, en l’absence de mandat, devant un juge de paix qui a compétence dans les circonstances;

b) soit faire rapport au juge de paix visé à l’alinéa a) qu’elle a saisi des biens et qu’elle les détient ou veille à ce qu’ils le soient,

pour qu’il en soit disposé selon que l’ordonne le juge de paix en conformité avec le paragraphe 490(1).

Formule

(3) Le rapport à un juge de paix visé au présent article est rédigé selon la formule 5.2 à la partie XXVIII, adaptée aux circonstances; sont mentionnées au rapport, dans le cas d’un rapport d’un mandat décerné par téléphone ou par un autre moyen de télécommunication, les indications visées au paragraphe 487.1(9).

L.R. (1985), ch. 27 (1er suppl.), art. 72; 1993, ch. 40, art. 17; 1997, ch. 18, art. 49.

Détention des choses saisies

490. (1) Sous réserve des autres dispositions de la présente loi ou de toute autre loi fédérale, lorsque, en vertu de l’alinéa 489.1(1)b) ou du paragraphe 489.1(2), des choses qui ont été saisies sont apportées devant un juge de paix ou lorsqu’un rapport à l’égard de choses saisies est fait à un juge de paix, celui-ci doit :

a) lorsque le propriétaire légitime ou la personne qui a droit à la possession légitime des choses saisies est connu, ordonner qu’elles lui soient remises à moins que le poursuivant, l’agent de la paix ou toute personne qui en a la garde ne le convainque que leur détention est nécessaire aux fins d’une enquête, d’une enquête préliminaire, d’un procès ou de toute autre procédure;

b) lorsque le poursuivant, l’agent de la paix ou la personne qui en a la garde convainc le juge de paix que la chose saisie devrait être détenue pour un motif énoncé à l’alinéa a), détenir cette chose ou en ordonner la détention, en prenant raisonnablement soin d’en assurer la conservation jusqu’à la conclusion de toute enquête ou jusqu’à ce que sa production soit requise aux fins d’une enquête préliminaire, d’un procès ou de toute autre procédure.

Ordonnance de prolongation

(2) Rien ne peut être détenu sous l’autorité de l’alinéa (1)b) au-delà soit de l’expiration d’une période de trois mois après la saisie, soit de la date, si elle est postérieure, où il est statué sur la demande visée à l’alinéa a), à moins que :

a) un juge de paix convaincu, à la suite d’une demande sommaire qui lui a été faite après avis de trois jours francs à la personne qui, au moment de la saisie, avait la possession de la chose détenue, que, compte tenu de la nature de l’enquête, la prolongation de sa détention pendant une période spécifiée est justifiée ordonne une telle prolongation;

b) des procédures ont été engagées au cours desquelles la chose détenue peut être requise.

Idem

(3) Il peut être rendu plus d’une ordonnance de prolongation de détention en vertu du sous-alinéa (2)a), mais rien ne peut être détenu pour une durée totale qui dépasse soit un an à compter de la saisie, soit une période plus longue se terminant lorsqu’il est statué sur la demande visée à l’alinéa a), à moins que :

a) un juge d’une cour supérieure de juridiction criminelle ou un juge au sens de l’article 552 convaincu, à la suite d’une demande sommaire qui lui est faite après avis de trois jours francs à la personne qui, au moment de la saisie, avait la possession de la chose détenue, que, compte tenu de la nature complexe de l’enquête, la prolongation de sa détention pendant une période spécifiée est justifiée, sous réserve des conditions qu’il juge indiquées, ordonne une telle prolongation;

b) des procédures ont été engagées au cours desquelles la chose détenue peut être requise.

Consentement

(3.1) Les choses saisies peuvent être détenues sous l’autorité de l’alinéa (1)b) pour une période quelconque, qu’une demande soit présentée ou non en vertu des paragraphes (2) ou (3), si leur propriétaire légitime ou la personne qui a droit à leur possession légitime consent par écrit à la détention pendant la période spécifiée.

Lorsque le prévenu est renvoyé pour subir son procès

(4) Lorsqu’un prévenu a été renvoyé pour subir son procès, le juge de paix fait parvenir toute chose détenue en vertu des paragraphes (1) à (3) au greffier du tribunal devant lequel le prévenu a été renvoyé pour subir son procès, afin que ce greffier la détienne et qu’il en soit disposé selon les instructions du tribunal.

Lorsque la détention continue n’est plus requise

(5) Lorsque, à tout moment avant l’expiration des périodes de détention prévues aux paragraphes (1) à (3) ou ordonnées en vertu de ceux-ci à l’égard d’une chose saisie, le poursuivant, l’agent de la paix ou la personne qui en a la garde décide que la détention de la chose saisie n’est plus requise aux fins visées au paragraphe (1) ou (4), il doit présenter une demande :

a) à un juge d’une cour supérieure de juridiction criminelle ou à un juge au sens de l’article 552, lorsqu’un juge a ordonné sa détention en application du paragraphe (3);

b) à un juge de paix, dans tout autre cas.

Le juge ou juge de paix doit, après avoir donné à la personne qui, au moment de la saisie, avait la possession de cette chose, ou à celui qui prétend être son propriétaire légitime ou la personne ayant droit à la possession de celle-ci, s’ils sont connus, l’occasion de démontrer qu’ils ont droit à la possession de cette chose, rendre une ordonnance à l’égard du bien en application du paragraphe (9).

Idem

(6) Lorsque les périodes de détention prévues aux paragraphes (1) à (3) ou ordonnées en application de ceux-ci à l’égard d’une chose saisie sont terminées et qu’aucune procédure pour laquelle elle aurait pu être requise n’a été engagée, le poursuivant, l’agent de la paix ou la personne qui en a la garde doit demander au juge ou au juge de paix visé à l’alinéa 5a) ou b), dans les circonstances qui y sont établies, de rendre une ordonnance à l’égard du bien en application du paragraphe (9) ou (9.1).

Demande de remise

(7) La personne qui, au moment de la saisie, avait la possession d’une chose saisie peut, à l’expiration des périodes de détention prévues aux paragraphes (1) à (3) ou ordonnées en application de ceux-ci et en donnant un avis de trois jours francs au procureur général, demander d’une façon sommaire :

a) à un juge d’une cour supérieure de juridiction criminelle ou à un juge au sens de l’article 552, lorsqu’un juge a ordonné la détention de la chose demandée en vertu du paragraphe (3);

b) à un juge de paix, dans tout autre cas,

de rendre une ordonnance conformément à l’alinéa (9)c) à l’effet que la chose saisie lui soit rendue.

Exception

(8) Un juge d’une cour supérieure de juridiction criminelle ou un juge au sens de l’article 552, lorsqu’un juge a ordonné la détention de la chose saisie en vertu du paragraphe (3) ou un juge de paix, dans tout autre cas, peut permettre qu’une demande soit présentée en vertu du paragraphe (7) avant l’expiration des délais qui y sont mentionnés lorsqu’il est convaincu qu’un préjudice sérieux sera causé s’il n’accepte pas qu’une telle demande soit présentée.

Disposition des choses saisies

(9) Sous réserve des autres dispositions de la présente loi ou de toute autre loi fédérale :

a) le juge visé au paragraphe (7), lorsqu’un juge a ordonné la détention d’une chose saisie en application du paragraphe (3);

b) le juge de paix, dans tout autre cas,

qui est convaincu que les périodes de détention prévues aux paragraphes (1) à (3) ou ordonnées en application de ceux-ci sont terminées et que des procédures à l’occasion desquelles la chose détenue peut être requise n’ont pas été engagées ou, si ces périodes ne sont pas terminées, que la détention de la chose saisie ne sera pas requise pour quelque fin mentionnée au paragraphe (1) ou (4), doit :

c) en cas de légalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ordonner qu’elle soit retournée à cette personne;

d) en cas d’illégalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ordonner qu’elle soit retournée au propriétaire légitime ou à la personne ayant droit à la possession de cette chose, lorsqu’ils sont connus;

en cas d’illégalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ou si nul n’en avait la possession au moment de la saisie, et lorsque ne sont pas connus le propriétaire légitime ni la personne ayant droit à la possession de cette chose, le juge peut en outre ordonner qu’elle soit confisquée au profit de Sa Majesté; il en est alors disposé selon les instructions du procureur général, ou de quelque autre façon en conformité avec la loi.

Exception

(9.1) Malgré le paragraphe (9), le juge ou le juge de paix visé aux alinéas 9a) ou b) peut, lorsque les périodes de détention visées aux paragraphes (1) à (3) ou ordonnées en application de ceux-ci sont terminées et que des procédures pour lesquelles la chose

détenue peut être requise n’ont pas été engagées, ordonner, s’il est convaincu que les intérêts de la justice le justifient, la prolongation de la détention pour la période qu’il estime nécessaire pour l’application des paragraphes (1) ou (4).

Demande du propriétaire légitime

(10) Sous réserve des autres dispositions de la présente loi ou de toute autre loi fédérale, une personne, autre que celle qui peut faire une demande en vertu du paragraphe (7), qui prétend être le propriétaire légitime ou la personne ayant droit à la possession d’une chose saisie et apportée devant un juge de paix ou dont on a rendu compte aux termes de l’article 489.1 peut, à tout moment, après avis de trois jours francs au procureur général et à la personne qui, au moment de la saisie, en avait la possession, demander d’une manière sommaire :

a) à un juge visé au paragraphe (7), lorsqu’un juge a ordonné la détention de la chose saisie en vertu du paragraphe (3);

b) à un juge de paix, dans tout autre cas,

d’ordonner que la chose détenue lui soit rendue.

Ordonnance

(11) Sous réserve des autres dispositions de la présente loi ou de toute autre loi fédérale, lorsqu’une demande lui est faite en vertu du paragraphe (10), un juge ou un juge de paix doit, s’il est convaincu :

a) d’une part, que le demandeur est le propriétaire légitime ou la personne ayant droit à la possession de la chose saisie;

b) d’autre part, que les périodes de détention prévues aux paragraphes (1) à (3) ou ordonnées en application de ceux-ci sont terminées et que des procédures à l’occasion desquelles la chose détenue peut être requise n’ont pas été engagées ou, si ces périodes ne sont pas terminées, que la détention de la chose saisie ne sera pas requise pour quelque fin mentionnée au paragraphe (1) ou (4),

ordonner que :

c) soit la chose saisie soit rendue au demandeur;

d) soit le produit de la vente ou la valeur de la chose saisie soit remis au demandeur, sauf disposition contraire de la loi, lorsque, en conformité avec le paragraphe (9), la chose saisie a été confisquée, vendue ou qu’il en a été autrement disposé de sorte qu’elle ne peut être rendue au demandeur.

Détention en attendant décision sur l’appel, etc.

(12) Nonobstant les autres dispositions du présent article, aucune chose ne peut être rendue, confisquée ou aliénée sous le régime du présent article en attendant l’issue d’une demande faite ou d’un appel interjeté à l’égard de la chose ou d’une procédure où le droit de saisie est contesté, ou dans les trente jours après qu’une ordonnance relative à la chose a été rendue en vertu du présent article.

Copie des documents remis

(13) Le procureur général, le poursuivant, l’agent de la paix ou la personne qui en a la garde peut, avant d’apporter le document saisi devant un juge de paix ou de se conformer à une ordonnance prise en vertu des paragraphes (1), (9) ou (11), le copier ou le faire copier.

Force probante

(14) Une copie faite en vertu du paragraphe (13) et certifiée conforme par le procureur général, la personne qui l’a faite ou celle en la présence de qui elle a été faite est admissible en preuve et, en l’absence de preuve contraire, a la même force probante qu’aurait l’original s’il avait été prouvé de la façon ordinaire.

Accès à une chose saisie

(15) Lorsqu’une chose est détenue aux termes des paragraphes (1) à (3.1), un juge d’une cour supérieure de juridiction criminelle, un juge de la cour provinciale ou un juge au sens de l’article 552 peut, sur demande sommaire de la part d’une personne qui a un intérêt dans la chose détenue, après un avis de trois jours francs au procureur général, ordonner qu’il soit permis à la personne par qui ou de la part de qui la demande est faite, d’examiner la chose détenue.

Conditions

(16) Une ordonnance rendue en vertu du paragraphe (15) doit être faite aux conditions que le juge estime nécessaires ou souhaitables pour sauvegarder et préserver la chose visée par l’ordonnance pour toute utilisation subséquente.

Appel

(17) La personne qui s’estime lésée par une ordonnance rendue au titre des paragraphes (8), (9), (9.1) ou (11) peut en appeler à la cour d’appel au sens de l’article 673, dans le cas où l’ordonnance est rendue par un juge de la cour supérieure de juridiction criminelle, et à la cour d’appel au sens de l’article 812, dans les autres cas. Les articles 678 à 689 dans le premier cas et les articles 813 à 828 dans le second s’appliquent avec les adaptations nécessaires.

Discrétion

(18) Le destinataire de l’avis de trois jours francs visé aux alinéas (2)a) et (3)a) ainsi qu’aux paragraphes (7), (10) et (15) peut accepter que la demande pour laquelle l’avis est donné soit présentée avant la fin de ce délai.

L.R. (1985), ch. C-46, art. 490; L.R. (1985), ch. 27 (1er suppl.), art. 73; 1994, ch. 44, art. 38; 1997, ch. 18, art. 50; 2008, ch. 18, art. 14.

Version précédente

Biens périssables

490.01 Si des biens périssables ou qui se déprécient rapidement sont saisis en vertu de la présente loi, l’auteur de la saisie ou la personne qui a la garde des biens peut les remettre à leur propriétaire légitime ou à la personne qui est autorisée à en avoir la possession légitime. Le juge de paix peut toutefois, sur demande ex parte présentée par l’auteur de la saisie ou la personne qui a la garde des biens, ordonner leur destruction ou autoriser leur aliénation; le produit est alors remis au propriétaire légitime qui n’a pas participé à l’infraction liée aux biens ou, si ce dernier est inconnu, confisqué au profit de Sa Majesté.

1997, ch. 18, art. 51; 1999, ch. 5, art. 17.

Renseignements sur les délinquants sexuels

Définitions

Définitions

490.011 (1) Les définitions qui suivent s’appliquent au présent article et aux articles 490.012 à 490.032.

« banque de données »

“database”

« banque de données » S’entend au sens du paragraphe 3(1) de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

« bureau d’inscription »

“registration centre”

« bureau d’inscription » S’entend au sens du paragraphe 3(1) de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

« commission d’examen »

“Review Board”

« commission d’examen » La commission d’examen constituée ou désignée pour une province au titre du paragraphe 672.38(1).

« crimes de nature sexuelle »

“crime of a sexual nature”

« crimes de nature sexuelle » S’entend au sens du paragraphe 3(2) de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

« infraction désignée »

“designated offence”

« infraction désignée » Infraction :

a) prévue à l’une des dispositions suivantes :

(i) le paragraphe 7(4.1) (infraction relative aux infractions d’ordre sexuel impliquant des enfants),

(ii) l’article 151 (contacts sexuels),

(iii) l’article 152 (incitation à des contacts sexuels),

(iv) l’article 153 (exploitation sexuelle),

(v) l’article 153.1 (exploitation d’une personne handicapée à des fins sexuelles),

(vi) l’article 155 (inceste),

(vi.1) le paragraphe 160(2) (personne qui en force une autre à commettre un acte de bestialité),

(vii) le paragraphe 160(3) (bestialité en présence d’enfants ou incitation de ceux-ci),

(viii) l’article 163.1 (pornographie juvénile),

(ix) l’article 170 (père, mère ou tuteur qui sert d’entremetteur),

(x) l’article 172.1 (leurre au moyen d’un ordinateur),

(xi) le paragraphe 173(2) (exhibitionnisme),

(xii) l’alinéa 212(1)i) (stupéfaction ou subjugation pour avoir des rapports sexuels),

(xiii) le paragraphe 212(2) (vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans),

(xiv) le paragraphe 212(2.1) (infraction grave — vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans),

(xv) le paragraphe 212(4) (prostitution d’une personne âgée de moins de dix-huit ans),

(xvi) l’article 271 (agression sexuelle),

(xvii) l’article 272 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles),

(xviii) l’alinéa 273(2)a) (agression sexuelle grave avec une arme à feu à autorisation restreinte ou une arme à feu prohibée ou perpétrée avec une arme à feu et ayant un lien avec une organisation criminelle),

(xviii.1) l’alinéa 273(2)a.1) (agression sexuelle grave avec une arme à feu : autres cas),

(xix) l’alinéa 273(2)b) (agression sexuelle grave),

(xx) le paragraphe 273.3(2) (passage d’enfants à l’étranger);

b) prévue à l’une des dispositions suivantes :

(i) l’article 162 (voyeurisme),

(i.1) le paragraphe 173(1) (actions indécentes),

(ii) l’article 177 (intrusion de nuit),

(iii) l’article 230 (infraction accompagnée d’un meurtre),

(iii.1) l’article 231 (meurtre),

(iv) l’article 234 (homicide involontaire coupable),

(v) l’alinéa 246b) (fait de vaincre la résistance à la perpétration d’une infraction),

(vi) l’article 264 (harcèlement criminel),

(vii) l’article 279 (enlèvement),

(vii.1) l’article 279.01 (traite des personnes),

(vii.11) l’article 279.011 (traite de personnes âgées de moins de dix-huit ans),

(viii) l’article 280 (enlèvement d’une personne âgée de moins de seize ans),

(ix) l’article 281 (enlèvement d’une personne âgée de moins de quatorze ans),

(x) l’alinéa 348(1)d) (introduction par effraction dans une maison d’habitation avec intention d’y commettre un acte criminel),

(xi) l’alinéa 348(1)d) (introduction par effraction dans une maison d’habitation et commission d’un acte criminel),

(xii) l’alinéa 348(1)e) (introduction par effraction dans un endroit autre qu’une maison d’habitation avec intention d’y commettre un acte criminel),

(xiii) l’alinéa 348(1)e) (introduction par effraction dans un endroit autre qu’une maison d’habitation et commission d’un acte criminen( �

c) prévue à l’une des dispositions suivantes du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leurs versions antérieures au 4 janvier 1983 :

(i) l’article 144 (viol),

(ii) l’article 145 (tentative de viol),

(iii) l’article 149 (attentat à la pudeur d’une personne de sexe féminin),

(iv) l’article 156 (attentat à la pudeur d’une personne de sexe masculin),

(v) le paragraphe 246(1) (voies de fait avec intention de commettre un acte criminel), si l’intention est de commettre l’une des infractions visées aux sous-alinéas (i) à (iv) du présent alinéa;

c.1) prévue à l’une des dispositions suivantes du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version édictée par l’article 19 de la Loi modifiant le Code criminel en matière d’infractions sexuelles et d’autres infractions contre la personne et apportant des modifications corrélatives à d’autres lois, chapitre 125 des Statuts du Canada de 1980-81-82-83 :

(i) l’article 246.1 (agression sexuelle),

(ii) l’article 246.2 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles),

(iii) l’article 246.3 (agression sexuelle grave);

d) prévue à l’une des dispositions suivantes du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leurs versions antérieures au 1er janvier 1988 :

(i) le paragraphe 146(1) (rapports sexuels avec une personne de sexe féminin âgée de moins de quatorze ans),

(ii) le paragraphe 146(2) (rapports sexuels avec une personne de sexe féminin âgée de quatorze ans mais de moins de seize ans),

(iii) l’article 153 (rapports sexuels avec sa belle-fille),

(iv) l’article 157 (grossière indécence),

(v) l’article 166 (père, mère ou tuteur qui cause le déflorement),

(vi) l’article 167 (maître de maison qui permet le déflorement);

e) constituée par la tentative ou le complot en vue de perpétrer l’une ou l’autre des infractions énumérées aux alinéas a), c), c.1) et d);

f) constituée par la tentative ou le complot en vue de perpétrer l’une ou l’autre des infractions énumérées à l’alinéa b).

« loi ontarienne »

“Ontario Act”

« loi ontarienne » La Loi Christopher de 2000 sur le registre des délinquants sexuels, L.O. 2000, ch. 1.

« réhabilitation »

“pardon”

« réhabilitation » Réhabilitation octroyée par toute autorité en vertu de la loi, autre qu’un pardon absolu accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748, qui n’a pas été révoquée ni n’a cessé d’avoir effet.

« verdict de non-responsabilité »

“verdict of not criminally responsible on account of mental disorder”

« verdict de non-responsabilité » Selon le contexte, verdict de non-responsabilité criminelle pour cause de troubles mentaux au sens du paragraphe 672.1(1), ou verdict de non-responsabilité pour cause de troubles mentaux au sens du paragraphe 2(1) de la Loi sur la défense nationale.

Interprétation

(2) Pour l’application du présent article et des articles 490.012 à 490.032, « personne » et « intéressé », en ce qui concerne une déclaration de culpabilité ou d’un verdict de non­ responsabilité, ne s’entendent :

a) s’agissant de l’adolescent, au sens du paragraphe 2(1) de la Loi sur le système de justice pénale pour les adolescents, que de celui à qui est infligée une peine applicable aux adultes au sens de ce paragraphe;

b) s’agissant de l’adolescent, au sens du paragraphe 2(1) de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), que de celui qui est déclaré coupable par la juridiction normalement compétente au sens de ce paragraphe.

2004, ch. 10, art. 20; 2005, ch. 43, art. 6; 2007, ch. 5, art. 11; 2008, ch. 6, art. 36; 2010, ch. 3, art. 7, ch. 17, art. 4.

Version précédente

Ordonnance de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels

Ordonnance

490.012 (1) Le tribunal doit, lors du prononcé de la peine ou du verdict de non­ responsabilité à l’égard d’une infraction visée aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1), enjoindre à la personne en cause, par ordonnance rédigée selon la formule 52, de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels pendant la période applicable selon l’article 490.013.

Ordonnance

(2) Le tribunal doit, sur demande du poursuivant, lors du prononcé de la peine, enjoindre à la personne déclarée coupable à l’égard d’une infraction visée aux alinéas b) ou f) de la définition de « infraction désignée » au paragraphe 490.011(1), par ordonnance rédigée selon la formule 52, de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels pendant la période applicable selon l’article 490.013, dès lors que le poursuivant établit hors de tout doute raisonnable que la personne a commis l’infraction avec l’intention de commettre une infraction visée aux alinéas a), c), c.1), d) ou e) de cette définition.

Ordonnance

(3) Le tribunal doit, sur demande du poursuivant, lors du prononcé de la peine ou du verdict de non-responsabilité à l’égard d’une infraction désignée, si celle-ci peut faire

l’objet d’une ordonnance au titre des paragraphes (1) ou (2), enjoindre à la personne en cause, par ordonnance rédigée selon la formule 52, de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels pendant la période applicable selon l’article 490.013, dès lors que le poursuivant établit :

a) que la personne a déjà, avant ou après l’entrée en vigueur du présent alinéa, fait l’objet d’une déclaration de culpabilité ou d’un verdict de non-responsabilité à l’égard d’une infraction visée aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1) ou aux alinéas a) ou c) de la définition de « infraction désignée » à l’article 227 de la Loi sur la défense nationale;

b) qu’aucun avis ne lui a été signifié en application des articles 490.021 ou 490.02903 ou de l’article 227.08 de la Loi sur la défense nationale à l’égard de cette infraction;

c) qu’aucune ordonnance n’a été rendue à l’égard de cette infraction en application du paragraphe (1) ou du paragraphe 227.01(1) de la Loi sur la défense nationale.

Défaut de rendre l’ordonnance

(4) Si le tribunal ne décide pas de la question visée aux paragraphes (1) ou (3) au moment prévu :

a) il fixe la date de l’audience pour ce faire dans les quatre-vingt-dix jours suivant le prononcé de la peine ou du verdict;

b) il reste saisi de l’affaire;

c) il peut ordonner à l’intéressé de comparaître à l’audience par un système de télévision en circuit fermé ou tout autre moyen leur permettant de se voir et de communiquer simultanément, pourvu que l’intéressé ait la possibilité, s’il est représenté par un avocat, de communiquer en privé avec lui.

2004, ch. 10, art. 20; 2007, ch. 5, art. 13; 2010, ch. 17, art. 5.

Version précédente

Prise d’effet de l’ordonnance

490.013 (1) L’ordonnance prend effet à la date de son prononcé.

Durée de l’ordonnance

(2) L’ordonnance visée aux paragraphes 490.012(1) ou (2) :

a) prend fin dix ans après son prononcé si l’infraction en cause est poursuivie selon la procédure sommaire ou est passible d’une peine maximale d’emprisonnement de deux ou cinq ans;

b) prend fin vingt ans après son prononcé si l’infraction en cause est passible d’une peine maximale d’emprisonnement de dix ou quatorze ans;

c) s’applique à perpétuité si l’infraction en cause est passible d’une peine maximale d’emprisonnement à perpétuité.

Durée de l’ordonnance

(2.1) L’ordonnance visée au paragraphe 490.012(1) s’applique à perpétuité si l’intéressé fait l’objet d’une déclaration de culpabilité ou d’un verdict de non-responsabilité à l’égard de plus d’une infraction visée aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1).

Durée de l’ordonnance

(3) L’ordonnance visée aux paragraphes 490.012(1) ou (2) s’applique à perpétuité si l’intéressé est ou a été assujetti à l’obligation prévue aux articles 490.019 ou 490.02901, à l’article 227.06 de la Loi sur la défense nationale ou à l’article 36.1 de la Loi sur le transfèrement international des délinquants.

Durée de l’ordonnance

(4) Elle s’applique à perpétuité si l’intéressé fait ou a fait l’objet d’une ordonnance rendue antérieurement en application de l’article 490.012 de la présente loi ou de l’article 227.01 de la Loi sur la défense nationale.

Durée de l’ordonnance

(5) L’ordonnance visée au paragraphe 490.012(3) s’applique à perpétuité.

2004, ch. 10, art. 20; 2007, ch. 5, art. 14; 2010, ch. 17, art. 6.

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Appel

490.014 Le poursuivant ou l’intéressé peut interjeter appel de la décision rendue en vertu du paragraphe 490.012(2) pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle audition, annuler l’ordonnance attaquée ou rendre une ordonnance en application de ce paragraphe.

2004, ch. 10, art. 20; 2010, ch. 17, art. 7.

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Demande de révocation

490.015 (1) L’intéressé peut demander au tribunal compétent la révocation de l’ordonnance :

a) au plus tôt cinq ans après son prononcé, dans le cas où elle est visée par l’alinéa 490.013(2)a);

b) au plus tôt dix ans après son prononcé, dans le cas où elle est visée par l’alinéa 490.013(2)b);

c) au plus tôt vingt ans après son prononcé, dans les cas où elle est visée par l’alinéa 490.013(2)c) ou par les paragraphes 490.013(2.1), (3) ou (5).

Ordonnances multiples

(2) Si l’intéressé fait l’objet de plus d’une ordonnance, y compris une ordonnance rendue en application de l’article 227.01 de la Loi sur la défense nationale, la demande peut être présentée au plus tôt vingt ans après le prononcé de la plus récente.

Réhabilitation

(3) Malgré les paragraphes (1) et (2), la demande peut être présentée dès la réhabilitation de l’intéressé, le cas échéant.

Portée de la demande

(4) La demande doit porter sur toutes les ordonnances en vigueur et, le cas échéant, sur toute obligation prévue aux articles 490.019 ou 490.02901, à l’article 227.06 de la Loi sur la défense nationale ou à l’article 36.1 de la Loi sur le transfèrement international des délinquants.

Nouvelle demande

(5) En cas de rejet, une nouvelle demande ne peut être présentée avant que se soient écoulés cinq ans depuis la précédente; elle peut toutefois être présentée dès la réhabilitation de l’intéressé, le cas échéant. Elle est irrecevable si, entre-temps, ce dernier fait l’objet d’une ordonnance rendue en application de l’article 490.012 de la présente loi ou de l’article 227.01 de la Loi sur la défense nationale.

Tribunal compétent

(6) Le tribunal compétent est :

a) la cour supérieure de juridiction criminelle, si :

(i) au moins une des ordonnances en cause a été rendue par une telle cour en application de l’article 490.012,

(ii) au moins une des ordonnances en cause a été rendue en application de l’article 227.01 de la Loi sur la défense nationale et le juge militaire en chef n’a pas compétence pour recevoir la demande au titre du paragraphe 227.03(6) de cette loi;

b) la cour de juridiction criminelle dans les autres cas, si au moins une des ordonnances en cause a été rendue en application de l’article 490.012.

2004, ch. 10, art. 20; 2007, ch. 5, art. 15; 2010, ch. 17, art. 8.

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Ordonnance de révocation

490.016 (1) Le tribunal prononce la révocation s’il est convaincu que l’intéressé a établi que le maintien de toute ordonnance ou obligation aurait à son égard, notamment sur sa vie privée ou sa liberté, un effet nettement démesuré par rapport à l’intérêt que présente, pour la protection de la société contre les crimes de nature sexuelle au moyen d’enquêtes ou de mesures de prévention efficaces, l’enregistrement de renseignements sur les délinquants sexuels prévu par la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Motifs

(2) La décision doit être motivée.

Avis

(3) S’il accorde la révocation, le tribunal veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire, selon le cas, en soient avisés.

2004, ch. 10, art. 20; 2007, ch. 5, art. 16; 2010, ch. 17, art. 9.

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Appel

490.017 (1) L’intéressé ou le poursuivant peut interjeter appel de la décision rendue en application du paragraphe 490.016(1) pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle

audition, annuler l’ordonnance de révocation ou prononcer la révocation au titre du paragraphe 490.016(1).

Avis

(2) S’il prononce la révocation en application du paragraphe 490.016(1), le tribunal veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite en soient avisés.

2004, ch. 10, art. 20; 2007, ch. 5, art. 17; 2010, ch. 17, art. 10.

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Exigences afférentes à l’ordonnance

490.018 (1) Lorsqu’il rend une ordonnance en application de l’article 490.012, le tribunal doit veiller à ce que :

a) celle-ci soit lue à l’intéressé ou par celui-ci;

b) une copie lui en soit remise;

c) l’intéressé soit informé de la teneur des articles 4 à 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels des articles 490.031 et 490.0311 de la présente loi et de l’article 119.1 de la Loi sur la défense nationale;

d) une copie de celle-ci soit transmise :

(i) à la commission d’examen qui peut rendre, le cas échéant, une décision à l’égard de l’intéressé,

(ii) au responsable du lieu où l’intéressé purge la partie privative de liberté de sa peine pour l’infraction ou est détenu aux termes d’une décision rendue en vertu de la partie XX.1, le cas échéant,

(iii) au service de police dont l’un des membres a inculpé l’intéressé de l’infraction à l’origine de l’ordonnance,

(iv) au commissaire de la Gendarmerie royale du Canada.

Signature de l’intéressé

(2) Une fois que les formalités visées aux alinéas (1)a) à c) ont été respectées, l’intéressé signe l’ordonnance.

Avis de la décision de la commission d’examen

(3) La commission d’examen veille à ce qu’une copie de l’ordonnance soit remise à l’intéressé lorsqu’elle prend :

a) en vertu de l’alinéa 672.54a), la décision de le libérer inconditionnellement;

b) en vertu de l’alinéa 672.54b), la décision de le libérer sous réserve de conditions qui ne restreignent pas sa liberté au point de l’empêcher de se conformer aux articles 4, 4.1, 4.3 et 6 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Avis

(4) Le responsable du lieu où l’intéressé purge la partie privative de liberté de sa peine ou est détenu avant sa mise en liberté ou sa libération doit lui remettre une copie de l’ordonnance, au plus tôt dix jours avant cet événement.

2004, ch. 10, art. 20; 2007, ch. 5, art. 18; 2010, ch. 17, art. 11.

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Avis et obligation de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels — condamnations antérieures au 15 décembre 2004

Obligation

490.019 La personne à qui est signifié l’avis établi selon la formule 53 est tenue, sauf en cas de dispense au titre du paragraphe 490.023(2), de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels pendant la période applicable selon l’article 490.022.

2004, ch. 10, art. 20.

Signification

490.02 (1) Le procureur général de la province ou le ministre de la Justice du territoire ne peut signifier l’avis qu’à la personne qui, ayant fait l’objet d’une déclaration de culpabilité ou d’un verdict de non-responsabilité à l’égard d’une infraction visée aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1), répond à l’une des conditions suivantes :

a) à la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels, elle est assujettie à une peine ou n’a pas obtenu sa libération inconditionnelle en vertu de la partie XX.1;

b) sinon, son nom figurait, à l’entrée en vigueur de cette loi, à l’égard de l’infraction, dans le registre des délinquants sexuels établi par la loi ontarienne et, selon le cas, elle résidait en Ontario pendant tout ou partie de la période allant du 23 avril 2001 jusqu’à cette date d’entrée en vigueur, ou y a commis l’infraction.

Exception

(2) L’avis ne peut être signifié à quiconque :

a) a été finalement acquitté de chaque infraction à l’égard de laquelle un avis aurait pu lui être signifié en application de l’article 490.021 de la présente loi ou de l’article 227.08 de la Loi sur la défense nationale, ou a obtenu pour chacune un pardon absolu accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748;

b) a fait l’objet d’une demande d’ordonnance prévue au paragraphe 490.012(3) de la présente loi ou au paragraphe 227.01(3) de la Loi sur la défense nationale pour toute infraction à l’égard de laquelle un avis aurait pu lui être signifié en application de l’article 490.021 de la présente loi ou de l’article 227.08 de la Loi sur la défense nationale;

c) est visé à l’alinéa (1)b) et a fourni la preuve de sa réhabilitation conformément au paragraphe 9(1) de la loi ontarienne.

2004, ch. 10, art. 20; 2007, ch. 5, art. 20.

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Signification

490.021 (1) L’avis est signifié à personne dans l’année qui suit la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Exception

(2) Si la personne visée à l’alinéa 490.02(1)a) se trouve illégalement en liberté ou enfreint toute condition de résidence découlant de sa peine, de sa libération, de la présente loi ou de la partie III de la Loi sur la défense nationale, l’avis lui est signifié par courrier recommandé, à sa dernière adresse connue.

Exception

(3) Si la personne visée à l’alinéa 490.02(1)b) est, à la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels, en contravention de l’article 3 de la loi ontarienne, l’avis lui est signifié par courrier recommandé, à sa dernière adresse connue.

Exception

(4) Si la personne visée à l’alinéa 490.02(1)b) s’est, à la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels, conformée à l’article 3 et au paragraphe 7(2) de la loi ontarienne, mais omet, dans l’année qui suit, de se conformer aux paragraphes 3(1) ou 7(2) de cette loi, l’avis lui est signifié par courrier recommandé, à sa dernière adresse connue, dans l’année suivant la date du manquement.

Preuve de signification

(5) Fait foi de la signification et de l’avis l’affidavit souscrit par l’auteur de la signification devant un commissaire ou toute autre personne autorisée à recevoir les affidavits et dans lequel il atteste qu’il a la charge des pièces pertinentes et qu’il a connaissance des faits de l’espèce, que l’avis a été signifié à personne ou par courrier au destinataire à la date indiquée et qu’il reconnaît comme pièce jointe à l’affidavit la copie conforme de l’avis.

Transmission de l’avis

(6) L’auteur de la signification expédie sans délai un double de l’affidavit et de l’avis au procureur général de la province ou au ministre de la Justice du territoire où la signification a été effectuée.

2004, ch. 10, art. 20; 2007, ch. 5, art. 21.

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Prise d’effet de l’obligation

490.022 (1) L’obligation prend effet :

a) un an après la date de signification de l’avis ou, si elle est postérieure, à la date de la décision de ne pas accorder la dispense au titre du paragraphe 490.023(2);

b) à la date de l’annulation de la dispense.

Extinction de l’obligation

(2) L’obligation s’éteint à celle des dates suivantes qui est antérieure aux autres :

a) la date à laquelle la dispense est accordée, en cas d’appel de la décision rendue au titre du paragraphe 490.023(2);

b) la date, s’agissant de la personne visée à l’alinéa 490.02(1)b), de l’extinction, au titre de l’alinéa 7(1)a) de la loi ontarienne, de l’obligation de se conformer à l’article 3 de cette loi;

c) la date, s’agissant de la personne visée à l’alinéa 490.02(1)b), à laquelle elle fournit au préposé à la collecte — au sens du paragraphe 3(1) de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels —, à un bureau d’inscription, une preuve satisfaisante de sa réhabilitation.

Durée de l’obligation

(3) Si elle ne s’est pas éteinte aux termes du paragraphe (2), l’obligation :

a) s’éteint dix ans après le prononcé de la peine ou du verdict de non-responsabilité si l’infraction en cause est poursuivie selon la procédure sommaire ou passible d’une peine maximale d’emprisonnement de deux ou cinq ans;

b) s’éteint vingt ans après le prononcé de la peine ou du verdict de non-responsabilité si l’infraction en cause est passible d’une peine maximale d’emprisonnement de dix ou quatorze ans;

c) s’applique à perpétuité si l’infraction en cause est passible d’une peine maximale d’emprisonnement à perpétuité;

d) s’applique à perpétuité en cas de déclaration de culpabilité ou de verdict de non­ responsabilité à l’égard de plusieurs infractions — dont au moins deux sont mentionnées dans l’avis — visées aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1) de la présente loi ou aux alinéas a) ou c) de la définition de « infraction désignée » à l’article 227 de la Loi sur la défense nationale.

2004, ch. 10, art. 20; 2007, ch. 5, art. 22.

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Demande de dispense de l’obligation

490.023 (1) Dans l’année qui suit la signification de l’avis en application de l’article 490.021 de la présente loi ou de l’article 227.08 de la Loi sur la défense nationale, la personne qui n’est pas visée par une ordonnance rendue en application de l’article 490.012 de la présente loi ou de l’article 227.01 de la Loi sur la défense nationale peut demander d’être dispensée de son obligation.

Juridiction compétente

(1.1) La demande est présentée à la cour de juridiction criminelle si l’obligation en cause est prévue à l’article 490.019 de la présente loi, ou si elle est prévue à l’article 227.06 de la Loi sur la défense nationale et que le juge militaire en chef n’a pas compétence pour recevoir la demande au titre du paragraphe 227.1(2) de cette loi.

Ordonnance

(2) La cour accorde la dispense si elle est convaincue que l’intéressé a établi que l’obligation aurait à son égard, notamment sur sa vie privée ou sa liberté, un effet nettement démesuré par rapport à l’intérêt que présente, pour la protection de la société contre les crimes de nature sexuelle au moyen d’enquêtes ou de mesures de prévention efficaces, l’enregistrement de renseignements sur les délinquants sexuels prévu par la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Motifs

(3) La décision doit être motivée.

Radiation des renseignements

(4) Si elle accorde la dispense, la cour ordonne à la Gendarmerie royale du Canada de radier les renseignements sur l’intéressé enregistrés dans la banque de données sur réception du double de l’avis.

2004, ch. 10, art. 20; 2007, ch. 5, art. 23; 2010, ch. 17, art. 13.

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Appel

490.024 (1) Le procureur général ou l’intéressé peut interjeter appel de la décision pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle audition, annuler la dispense ou encore l’accorder au titre du paragraphe 490.023(2).

Radiation des renseignements

(2) S’il accorde la dispense, le tribunal ordonne à la Gendarmerie royale du Canada de radier les renseignements sur l’intéressé enregistrés dans la banque de données sur réception du double de l’avis.

2004, ch. 10, art. 20; 2010, ch. 17, art. 14.

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Formalités

490.025 La cour ou le tribunal veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite soient avisés de sa décision de ne pas accorder ou d’annuler la dispense ou de rejeter l’appel de l’intéressé et à ce que celui-ci soit informé de la teneur des articles 4 à 7.1 de la Loi sur l’enregistrement de renseignements sur les

délinquants sexuels, des articles 490.031 et 490.0311 de la présente loi et de l’article 119.1 de la Loi sur la défense nationale.

2004, ch. 10, art. 20; 2007, ch. 5, art. 24; 2010, ch. 17, art. 15.

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Demande d’extinction de l’obligation

490.026 (1) La personne assujettie à l’obligation prévue à l’article 490.019 peut demander que soit prononcée l’extinction de l’obligation, sauf si elle est également assujettie à l’obligation prévue à l’article 490.02901, à l’article 227.06 de la Loi sur la défense nationale ou à l’article 36.1 de la Loi sur le transfèrement international des délinquants ou est visée par une ordonnance rendue en application de l’article 490.012 ou de l’article 227.01 de la Loi sur la défense nationale ayant pris effet par la suite.

Délai : infraction unique

(2) La demande peut être présentée si, depuis le prononcé de la peine ou du verdict de non-responsabilité à l’égard d’une infraction visée aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1) de la présente loi ou aux alinéas a) ou c) de la définition de « infraction désignée » à l’article 227 de la Loi sur la défense nationale, se sont écoulés :

a) cinq ans, si l’infraction est poursuivie selon la procédure sommaire ou passible d’une peine maximale d’emprisonnement de deux ou cinq ans;

b) dix ans, si l’infraction est passible d’une peine maximale d’emprisonnement de dix ou quatorze ans;

c) vingt ans, si l’infraction est passible d’une peine maximale d’emprisonnement à perpétuité.

Délai : pluralité d’infractions

(3) En cas de pluralité des infractions mentionnées dans l’avis signifié en application de l’article 490.021, le délai est de vingt ans à compter du prononcé de la peine ou du verdict de non-responsabilité visant la plus récente infraction visée aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1) de la présente loi ou aux alinéas a) ou c) de la définition de « infraction désignée » à l’article 227 de la Loi sur la défense nationale.

Réhabilitation

(4) Malgré les paragraphes (2) et (3), la demande peut être présentée dès la réhabilitation de l’intéressé, le cas échéant.

Délai : nouvelle demande

(5) En cas de rejet, une nouvelle demande ne peut être présentée avant que se soient écoulés cinq ans depuis la précédente; elle peut toutefois être présentée dès la réhabilitation de l’intéressé, le cas échéant. Elle est irrecevable si, entre-temps, ce dernier est assujetti à l’obligation prévue à l’article 490.02901, à l’article 227.06 de la Loi sur la défense nationale ou à l’article 36.1 de la Loi sur le transfèrement international des délinquants ou est visé par une ordonnance rendue en application de l’article 490.012 ou de l’article 227.01 de la Loi sur la défense nationale.

Juridiction compétente

(6) La demande est présentée à la cour de juridiction criminelle si l’obligation en cause est prévue à l’article 490.019 de la présente loi, ou si elle est prévue à l’article 227.06 de la Loi sur la défense nationale et que le juge militaire en chef n’a pas compétence pour recevoir la demande au titre du paragraphe 227.12(6) de cette loi.

2004, ch. 10, art. 20; 2007, ch. 5, art. 24; 2010, ch. 17, art. 16.

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Ordonnance

490.027 (1) La cour prononce l’extinction si elle est convaincue que l’intéressé a établi que le maintien de l’obligation aurait à son égard, notamment sur sa vie privée ou sa liberté, un effet nettement démesuré par rapport à l’intérêt que présente, pour la protection de la société contre les crimes de nature sexuelle au moyen d’enquêtes ou de mesures de prévention efficaces, l’enregistrement de renseignements sur les délinquants sexuels prévu par la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Motifs

(2) La décision doit être motivée.

Avis

(3) Si elle accorde l’extinction, la cour veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire, selon le cas, en soient avisés.

2004, ch. 10, art. 20; 2007, ch. 5, art. 25; 2010, ch. 17, art. 17.

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Demande unique

490.028 Dans le cas où l’intéressé peut présenter, dans l’année suivant la signification de l’avis en application de l’article 490.021 de la présente loi ou de l’article 227.08 de la Loi sur la défense nationale, une demande de dispense en vertu de l’article 490.023 et une demande d’extinction en vertu de l’article 490.026, l’une ou l’autre vaut pour les deux.

2004, ch. 10, art. 20; 2007, ch. 5, art. 26.

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Appel

490.029 (1) Le procureur général ou l’intéressé peut interjeter appel de la décision pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle audition, annuler l’ordonnance d’extinction ou prononcer l’extinction en application du paragraphe 490.027(1).

Avis

(2) S’il prononce l’extinction en application du paragraphe 490.027(1), le tribunal veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite en soient avisés.

2004, ch. 10, art. 20; 2007, ch. 5, art. 26; 2010, ch. 17, art. 18.

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Avis et obligation de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels — condamnations à l’étranger

Obligation

490.02901 La personne à qui est signifié l’avis établi selon la formule 54 est tenue, sauf en cas de dispense au titre du paragraphe 490.02905(2), de se conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels pendant la période applicable selon l’article 490.02904.

2010, ch. 17, art. 19.

Signification

490.02902 (1) Le procureur général de la province ou le ministre de la Justice du territoire ne peut signifier l’avis qu’à la personne qui arrive au Canada après l’entrée en vigueur du présent paragraphe et qui, à l’étranger, a été déclarée coupable ou a fait l’objet d’un verdict de non-responsabilité à l’égard d’une infraction — autre qu’une infraction d’ordre militaire au sens du paragraphe 2(1) de la Loi sur la défense nationale — qui

correspond, à son avis, à une infraction visée à l’alinéa a) de la définition de « infraction désignée » au paragraphe 490.011(1).

Exception

(2) L’avis ne peut être signifié à quiconque a été acquitté de chaque infraction à l’égard de laquelle un avis aurait pu lui être signifié en application de l’article 490.02903.

2010, ch. 17, art. 19.

Signification

490.02903 (1) L’avis est signifié à personne.

Preuve de signification

(2) Fait foi de la signification et de l’avis l’affidavit souscrit par l’auteur de la signification devant un commissaire ou toute autre personne autorisée à recevoir les affidavits et dans lequel il atteste qu’il a la charge des pièces pertinentes et qu’il a connaissance des faits de l’espèce, que l’avis a été signifié à personne au destinataire à la date indiquée et qu’il reconnaît comme pièce jointe à l’affidavit la copie conforme de l’avis.

Transmission de l’avis

(3) L’auteur de la signification expédie sans délai un double de l’affidavit et de l’avis au procureur général de la province ou au ministre de la Justice du territoire où la signification a été effectuée.

2010, ch. 17, art. 19.

Prise d’effet de l’obligation

490.02904 (1) L’obligation prévue à l’article 490.02901 prend effet à la date de signification de l’avis.

Extinction de l’obligation

(2) Elle s’éteint à la date à laquelle la dispense est accordée.

Durée de l’obligation

(3) Si elle ne s’est pas éteinte aux termes du paragraphe (2), l’obligation :

a) s’éteint dix ans après le prononcé de la peine ou du verdict de non-responsabilité si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est de deux ou cinq ans;

b) s’éteint vingt ans après le prononcé de la peine ou du verdict de non-responsabilité si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est de dix ou quatorze ans;

c) s’applique à perpétuité si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est l’emprisonnement à perpétuité;

d) s’applique à perpétuité en cas de déclaration de culpabilité ou de verdict de non­ responsabilité, avant ou après l’entrée en vigueur du présent alinéa, à l’égard de plusieurs infractions — dont au moins deux sont mentionnées dans l’avis — visées aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1) ou aux alinéas a) ou c) de la définition de « infraction désignée » à l’article 227 de la Loi sur la défense nationale.

2010, ch. 17, art. 19.

Demande de dispense de l’obligation

490.02905 (1) Dans l’année qui suit la signification, en application de l’article 490.02903, de l’avis établi selon la formule 54, l’intéressé peut demander à la cour de juridiction criminelle d’être dispensé de son obligation.

Ordonnance

(2) La cour :

a) accorde la dispense si elle est convaincue que l’intéressé a établi l’un ou l’autre des éléments suivants :

(i) il n’a pas été déclaré coupable ou fait l’objet d’un verdict de non-responsabilité à l’égard de l’infraction en cause ou il en a été acquitté,

(ii) l’infraction en cause ne correspond pas à une infraction visée à l’alinéa a) de la définition de « infraction désignée » au paragraphe 490.011(1);

b) si elle est convaincue que l’infraction en cause ne correspond pas à l’infraction qui est indiquée dans l’avis, mais qu’elle correspond à une autre infraction visée à l’alinéa a) de la définition de « infraction désignée » au paragraphe 490.011(1), ordonne que l’avis soit corrigé en conséquence.

Motifs

(3) La décision doit être motivée.

Radiation des renseignements

(4) Si elle accorde la dispense, la cour ordonne à la Gendarmerie royale du Canada de radier les renseignements sur l’intéressé enregistrés dans la banque de données sur réception du double de l’avis.

Avis

(5) Si elle rend l’ordonnance visée à l’alinéa (2)b), la cour veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite soient avisés de sa décision.

2010, ch. 17, art. 19.

Appel

490.02906 (1) Le procureur général ou l’intéressé peut interjeter appel de la décision rendue au titre du paragraphe 490.02905(2) pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle audition, annuler la dispense ou encore l’accorder au titre de ce paragraphe.

Radiation des renseignements

(2) S’il accorde la dispense, le tribunal ordonne à la Gendarmerie royale du Canada de radier les renseignements sur l’intéressé enregistrés dans la banque de données sur réception du double de l’avis.

2010, ch. 17, art. 19.

Formalités

490.02907 Le tribunal qui annule la dispense veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite soient avisés de sa décision et à ce que l’intéressé soit informé de la teneur des articles 4 à 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels, des articles 490.031 et 490.0311 de la présente loi et de l’article 119.1 de la Loi sur la défense nationale.

2010, ch. 17, art. 19.

Demande d’extinction de l’obligation

490.02908 (1) La personne assujettie à l’obligation prévue à l’article 490.02901 peut demander à la cour de juridiction criminelle que soit prononcée l’extinction de

l’obligation, sauf si elle est également assujettie à une autre obligation prévue à cet article ou à l’obligation prévue à l’article 490.019, à l’article 227.06 de la Loi sur la défense nationale ou à l’article 36.1 de la Loi sur le transfèrement international des délinquants ou est visée par une ordonnance rendue en application de l’article 490.012 ou de l’article 227.01 de la Loi sur la défense nationale ayant pris effet par la suite.

Délai : infraction unique

(2) La demande peut être présentée si, depuis le prononcé de la peine ou du verdict de non-responsabilité, se sont écoulés :

a) cinq ans, si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est de deux ou cinq ans;

b) dix ans, si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est de dix ou quatorze ans;

c) vingt ans, si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est l’emprisonnement à perpétuité.

Délai : pluralité d’infractions

(3) En cas de pluralité des infractions mentionnées dans l’avis signifié en application de l’article 490.02903, le délai est de vingt ans à compter du prononcé de la peine ou du verdict de non-responsabilité visant la plus récente infraction.

Délai : nouvelle demande

(4) En cas de rejet, une nouvelle demande ne peut être présentée avant que se soient écoulés cinq ans depuis la précédente.

2010, ch. 17, art. 19.

Ordonnance

490.02909 (1) La cour prononce l’extinction si elle est convaincue que l’intéressé a établi que le maintien de l’obligation aurait à son égard, notamment sur sa vie privée ou sa liberté, un effet nettement démesuré par rapport à l’intérêt que présente, pour la protection de la société contre les crimes de nature sexuelle au moyen d’enquêtes ou de mesures de prévention efficaces, l’enregistrement de renseignements sur les délinquants sexuels prévu par la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Motifs

(2) La décision doit être motivée.

Avis

(3) Si elle accorde l’extinction, la cour veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire, selon le cas, en soient avisés.

2010, ch. 17, art. 19.

Appel

490.0291 (1) Le procureur général ou l’intéressé peut interjeter appel de la décision pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle audition, annuler l’ordonnance d’extinction ou prononcer l’extinction en application du paragraphe 490.02909(1).

Avis

(2) S’il prononce l’extinction en application du paragraphe 490.02909(1), le tribunal veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite en soient avisés.

2010, ch. 17, art. 19.

Notification obligatoire à un service de police

490.02911 (1) Toute personne qui, à l’étranger, a été reconnue coupable ou fait l’objet d’un verdict de non-responsabilité à l’égard d’une infraction est tenue, dans les sept jours suivant son arrivée au Canada, si l’infraction en cause correspond à une infraction visée à l’alinéa a) de la définition de « infraction désignée » au paragraphe 490.011(1), de notifier ce fait à tout service de police et de lui indiquer ses nom, date de naissance, sexe et adresse actuelle. Elle n’est tenue de le faire qu’une fois, à moins qu’elle soit à nouveau reconnue coupable ou qu’elle fasse à nouveau l’objet d’un verdict de non-responsabilité à l’égard d’une telle infraction.

Changement d’adresse

(2) Dans le cas où elle change d’adresse, elle est tenue de notifier ce fait à tout service de police dans les sept jours suivant la date du changement, si elle se trouve au Canada.

Transmission des renseignements

(3) Le service de police veille à ce que les renseignements soient transmis au procureur général de la province ou au ministre de la Justice du territoire, selon le cas.

Fin de l’obligation

(4) L’obligation prévue au paragraphe (2) prend fin un an après la date où la personne a notifié le service de police en conformité avec le paragraphe (1) ou, le cas échéant, à la date de signification de l’avis visé à l’article 490.02902 si elle est antérieure.

2010, ch. 17, art. 19.

Loi sur le transfèrement international des délinquants

Demande d’extinction de l’obligation

490.02912 (1) La personne assujettie à l’obligation prévue à l’article 36.1 de la Loi sur le transfèrement international des délinquants peut demander à la cour de juridiction criminelle que soit prononcée l’extinction de l’obligation, sauf si elle est également assujettie à l’obligation prévue aux articles 490.019 ou 490.02901 ou à l’article 227.06 de la Loi sur la défense nationale ou est visée par une ordonnance rendue en application de l’article 490.012 ou de l’article 227.01 de la Loi sur la défense nationale ayant pris effet par la suite.

Délai : infraction unique

(2) La demande peut être présentée si, depuis le prononcé de la peine ou du verdict de non-responsabilité, se sont écoulés :

a) cinq ans, si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est de deux ou cinq ans;

b) dix ans, si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est de dix ou quatorze ans;

c) vingt ans, si la peine maximale d’emprisonnement pour l’infraction correspondante au Canada est l’emprisonnement à perpétuité.

Délai : pluralité d’infractions

(3) En cas de pluralité des infractions mentionnées dans la formule 1 dont copie est transmise à l’intéressé au titre du sous-alinéa 8(4)a)(ii) de la Loi sur le transfèrement international des délinquants, le délai est de vingt ans à compter du prononcé de la peine ou du verdict de non-responsabilité visant la plus récente infraction.

Délai : nouvelle demande

(4) En cas de rejet, une nouvelle demande ne peut être présentée avant que se soient écoulés cinq ans depuis la précédente.

2010, ch. 17, art. 19.

Ordonnance

490.02913 (1) La cour prononce l’extinction si elle est convaincue que l’intéressé a établi que le maintien de l’obligation aurait à son égard, notamment sur sa vie privée ou sa liberté, un effet nettement démesuré par rapport à l’intérêt que présente, pour la protection de la société contre les crimes de nature sexuelle au moyen d’enquêtes ou de mesures de prévention efficaces, l’enregistrement de renseignements sur les délinquants sexuels prévu par la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

Motifs

(2) La décision doit être motivée.

Avis

(3) Si elle accorde l’extinction, la cour veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire, selon le cas, en soient avisés.

2010, ch. 17, art. 19.

Appel

490.02914 (1) Le procureur général ou l’intéressé peut interjeter appel de la décision pour tout motif de droit ou mixte de droit et de fait; le tribunal saisi peut soit rejeter l’appel, soit l’accueillir et ordonner une nouvelle audition, annuler l’ordonnance d’extinction ou prononcer l’extinction en application du paragraphe 490.02913(1).

Avis

(2) S’il prononce l’extinction en application du paragraphe 490.02913(1), le tribunal veille à ce que le commissaire de la Gendarmerie royale du Canada et le procureur général de la province ou le ministre de la Justice du territoire où l’instance a été introduite en soient avisés.

2010, ch. 17, art. 19.

Avis

490.02915 (1) Le responsable du lieu où l’intéressé purge la partie privative de liberté de sa peine ou est détenu avant sa mise en liberté ou sa libération doit lui remettre une copie de la formule 1 visée au paragraphe 490.02912(3), au plus tôt dix jours avant cet événement.

Avis de la décision de la commission d’examen

(2) La commission d’examen veille à ce qu’une copie de la formule 1 soit remise à l’intéressé lorsqu’elle prend :

a) en vertu de l’alinéa 672.54a), la décision de le libérer inconditionnellement;

b) en vertu de l’alinéa 672.54b), la décision de le libérer sous réserve de conditions qui ne restreignent pas sa liberté au point de l’empêcher de se conformer aux articles 4, 4.1, 4.3 et 6 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

2010, ch. 17, art. 19.

Communications de renseignements

Communication

490.03 (1) Le commissaire de la Gendarmerie royale du Canada ou la personne qu’il autorise communique, sur demande, tout renseignement enregistré dans la banque de données, ou le fait que des renseignements y ont été enregistrés :

a) au poursuivant, si la communication est nécessaire dans le cadre d’une instance visée à l’article 490.012;

b) au procureur général, si la communication est nécessaire dans le cadre d’une instance visée aux paragraphes 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) ou 490.02913(1) ou d’un appel d’une décision rendue dans l’une ou l’autre de ces instances ou une instance visée au paragraphe 490.012(2).

Communication en justice

(2) Le commissaire ou la personne communique, sur demande, au poursuivant ou au procureur général les renseignements concernant l’intéressé enregistrés dans la banque de données dans le cas où celui-ci a communiqué lui-même, dans le cadre d’une instance ou d’un appel autres que ceux visés au paragraphe (1), le fait que des renseignements le concernant sont enregistrés dans la banque de données.

Communication en justice

(3) Le poursuivant ou le procureur général peut communiquer les renseignements, s’ils sont pertinents en l’espèce, à la juridiction en cause ou à la juridiction saisie de l’appel d’une décision rendue au cours de l’instance ou de l’appel.

(4) [Abrogé, 2007, ch. 5, art. 27]

2004, ch. 10, art. 20; 2007, ch. 5, art. 27; 2010, ch. 17, art. 20.

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Infractions

Infractions

490.031 (1) Quiconque, sans excuse raisonnable, omet de se conformer à l’ordonnance rendue en application de l’article 490.012 ou de l’article 227.01 de la Loi sur la défense nationale ou à l’obligation prévue aux articles 490.019 ou 490.02901, à l’article 227.06 de la Loi sur la défense nationale ou à l’article 36.1 de la Loi sur le transfèrement international des délinquants commet une infraction et encourt :

a) sur déclaration de culpabilité par mise en accusation, un emprisonnement maximal de deux ans et une amende maximale de 10 000 $, ou l’une de ces peines;

b) sur déclaration de culpabilité par procédure sommaire, un emprisonnement maximal de six mois et une amende maximale de 10 000 $, ou l’une de ces peines.

(2) Il est entendu que l’ordre légitime ayant pour effet d’empêcher le justiciable du code de discipline militaire, au sens du paragraphe 2(1) de la Loi sur la défense nationale, de se conformer à une ordonnance ou à une obligation constitue une excuse raisonnable.

Preuve de certains faits par certificat

(3) Dans les instances intentées au titre du paragraphe (1), tout certificat dans lequel la personne visée à l’alinéa 16(2)b) de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels déclare que le délinquant sexuel a omis de se présenter conformément aux articles 4, 4.1, 4.2 ou 4.3 de cette loi, de fournir des renseignements conformément à l’article 5 de cette loi ou d’aviser le préposé conformément au paragraphe 6(1) de la même loi fait preuve des déclarations qu’il contient sans qu’il soit nécessaire de prouver la signature ou la qualité officielle de la personne l’ayant apparemment signé.

Présence et contre-interrogatoire

(4) Le délinquant sexuel nommé dans le certificat peut, avec l’autorisation du tribunal, requérir la présence de son auteur pour le contre-interroger.

Avis de l’intention de produire

(5) L’admissibilité en preuve du certificat est subordonnée à la remise au délinquant sexuel, avant l’ouverture du procès, d’un avis raisonnable de l’intention qu’a une partie de produire le certificat, ainsi que d’une copie de celui-ci.

2004, ch. 10, art. 20; 2007, ch. 5, art. 28; 2010, ch. 17, art. 21.

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Infraction

490.0311 Quiconque fait sciemment une déclaration fausse ou trompeuse dans le cadre des paragraphes 5(1) ou 6(1) de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels est coupable d’une infraction et encourt :

a) sur déclaration de culpabilité par mise en accusation, un emprisonnement maximal de deux ans et une amende maximale de 10 000 $, ou l’une de ces peines;

b) sur déclaration de culpabilité par procédure sommaire, un emprisonnement maximal de six mois et une amende maximale de 10 000 $, ou l’une de ces peines.

2007, ch. 5, art. 29; 2010, ch. 17, art. 22.

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Infraction

490.0312 Quiconque, sans excuse raisonnable, omet de se conformer à l’obligation prévue aux paragraphes 490.02911(1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

2010, ch. 17, art. 23.

Règlements

Règlements

490.032 Le gouverneur en conseil peut, par règlement :

a) exiger que l’avis établi selon les formules 53 ou 54 comporte des renseignements supplémentaires;

b) prévoir, pour une ou plusieurs provinces, la forme et le contenu de ces renseignements.

2004, ch. 10, art. 20; 2010, ch. 17, art. 24.

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Confiscation de biens infractionnels Confiscation lors de la déclaration de culpabilité

490.1 (1) Sous réserve des articles 490.3 à 490.41 et sur demande du procureur général, le tribunal qui déclare une personne coupable d’un acte criminel prévu par la présente loi

ou par la Loi sur la corruption d’agents publics étrangers et qui est convaincu, selon la prépondérance des probabilités, que des biens infractionnels sont liés à la perpétration de cet acte criminel ordonne que les biens infractionnels soient confisqués au profit :

a) soit de Sa Majesté du chef de la province où les procédures relatives à l’infraction ont été engagées, si elles l’ont été à la demande du gouvernement de cette province et ont été menées par ce dernier ou en son nom, pour que le procureur général ou le solliciteur général de la province en dispose en conformité avec la loi;

b) soit de Sa Majesté du chef du Canada pour que le membre du Conseil privé de la Reine pour le Canada chargé par le gouverneur en conseil de l’application du présent alinéa en dispose en conformité avec la loi, dans tout autre cas.

(1.1) [Abrogé, 2001, ch. 41, art. 130]

Biens liés à d’autres infractions

(2) Sous réserve des articles 490.3 à 490.41, le tribunal peut rendre l’ordonnance de confiscation prévue au paragraphe (1) à l’égard de biens dont il n’est pas convaincu qu’ils sont liés à l’acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers et pour lequel la personne a été condamnée, à la condition toutefois d’être convaincu, hors de tout doute raisonnable, qu’il s’agit de biens infractionnels.

Biens à l’étranger

(2.1) Les ordonnances visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

Appel

(3) La personne qui a été reconnue coupable d’un acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers peut, de même que le procureur général, interjeter appel devant la cour d’appel de l’ordonnance rendue en application du paragraphe (1) ou de la décision du tribunal de ne pas rendre une telle ordonnance, comme s’il s’agissait d’un appel interjeté à l’encontre de la peine infligée à la personne relativement à l’infraction.

1997, ch. 23, art. 15; 2001, ch. 32, art. 30, ch. 41, art. 18 et 130; 2007, ch. 13, art. 8.

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Demande de confiscation réelle

490.2 (1) En cas de dépôt d’une dénonciation visant la perpétration d’un acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers, le

procureur général peut demander à un juge de rendre une ordonnance de confiscation au titre du paragraphe (2).

Ordonnance de confiscation

(2) Sous réserve des articles 490.3 à 490.41, le juge saisi de la demande rend une ordonnance de confiscation et de disposition à l’égard des biens sur lesquels porte la demande conformément au paragraphe (4), s’il est convaincu que les conditions suivantes sont réunies :

a) les biens sont, hors de tout doute raisonnable, des biens infractionnels;

b) une procédure a été engagée relativement à un acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers à l’égard de ces biens;

c) la personne accusée de l’infraction est décédée ou s’est esquivée.

Interprétation

(3) Pour l’application du paragraphe (2), une personne est réputée s’être esquivée lorsque les conditions suivantes sont réunies :

a) elle a fait l’objet d’une dénonciation l’accusant de l’acte criminel;

b) un mandat d’arrestation a été délivré contre elle à la suite de la dénonciation;

c) malgré les efforts raisonnables déployés, il n’a pas été possible de l’arrêter au cours des six mois qui ont suivi la délivrance du mandat.

La présomption vaut alors à compter du dernier jour de cette période de six mois.

Disposant

(4) Pour l’application du paragraphe (2), le juge doit ordonner la confiscation des autres biens infractionnels au profit :

a) soit de Sa Majesté du chef de la province où les procédures visées à l’alinéa (2)b) ont été engagées, si elles l’ont été à la demande du gouvernement de cette province, pour que le procureur général ou le solliciteur général de la province en dispose en conformité avec la loi;

b) soit de Sa Majesté du chef du Canada pour que le membre du Conseil privé de la Reine pour le Canada chargé par le gouverneur en conseil de l’application du présent alinéa en dispose en conformité avec la loi, dans tout autre cas.

Biens à l’étranger

(4.1) Les ordonnances visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

Définition de « juge »

(5) Au présent article et aux articles 490.5 et 490.8, « juge » s’entend au sens de l’article 552 ou s’entend d’un juge d’une cour supérieure de juridiction criminelle.

1997, ch. 23, art. 15; 2001, ch. 32, art. 31; 2007, ch. 13, art. 9.

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Annulation des cessions

490.3 Avant d’ordonner la confiscation visée aux paragraphes 490.1(1) ou 490.2(2), le tribunal peut annuler toute cession d’un bien infractionnel survenue après sa saisie ou son blocage; le présent article ne vise toutefois pas les cessions qui ont été faites à titre onéreux à une personne agissant de bonne foi.

1997, ch. 23, art. 15.

Avis

490.4 (1) Avant de rendre une ordonnance en vertu des paragraphes 490.1(1) ou 490.2(2) à l’égard d’un bien, le tribunal exige qu’un avis soit donné à toutes les personnes qui lui semblent avoir un droit sur le bien; il peut aussi les entendre.

Modalités

(2) L’avis mentionné au paragraphe (1) :

a) est donné ou signifié de la façon que le tribunal l’ordonne ou que prévoient les règles de celui-ci;

b) prévoit le délai que le tribunal estime raisonnable ou que fixent les règles de celui-ci;

c) mentionne l’infraction à l’origine de l’accusation et comporte une description du bien en question.

Ordonnance de restitution

(3) Le tribunal peut ordonner que tout ou partie d’un bien confiscable en vertu des paragraphes 490.1(1) ou 490.2(2) soit restitué à une personne — autre que celle qui est accusée d’un acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers ou celle qui a obtenu un titre ou un droit de possession sur ce bien de la personne accusée d’une telle infraction dans des circonstances qui permettent

raisonnablement d’induire que l’opération a été effectuée dans l’intention d’éviter la confiscation du bien — à la condition d’être convaincu que cette personne en est le propriétaire légitime ou a droit à sa possession et semble innocente de toute complicité ou collusion à l’égard de l’infraction.

1997, ch. 23, art. 15; 2001, ch. 32, art. 32; 2007, ch. 13, art. 10.

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Avis

490.41 (1) Avant de rendre une ordonnance de confiscation de biens infractionnels — composés en tout ou en partie d’une maison d’habitation — confiscables en vertu des paragraphes 490.1(1) ou 490.2(2), le tribunal exige qu’un avis soit donné conformément au paragraphe (2) à toute personne qui habite la maison et qui est membre de la famille immédiate de la personne accusée ou reconnue coupable d’un acte criminel prévu par la présente loi ou par la Loi sur la corruption d’agents publics étrangers et lié à la confiscation des biens; le tribunal peut aussi entendre un tel membre de la famille.

Modalités de l’avis

(2) L’avis :

a) est donné ou signifié selon les modalités précisées par le tribunal ou prévues par les règles de celui-ci;

b) est donné dans le délai que le tribunal estime raisonnable ou que fixent les règles de celui-ci;

c) mentionne l’infraction à l’origine de l’accusation et comporte une description des biens.

Non-confiscation de biens infractionnels

(3) Sous réserve d’une ordonnance rendue en vertu du paragraphe 490.4(3), le tribunal peut ne pas ordonner la confiscation de tout ou partie de biens infractionnels confiscables en vertu des paragraphes 490.1(1) ou 490.2(2) et annuler toute ordonnance de blocage à l’égard de tout ou partie des biens, s’il est convaincu que la confiscation serait démesurée par rapport à la nature et à la gravité de l’infraction, aux circonstances de sa perpétration et, s’il y a lieu, au casier judiciaire de la personne accusée ou reconnue coupable de l’infraction, selon le cas.

Facteurs : maison d’habitation

(4) Dans le cas où les biens confiscables en vertu des paragraphes 490.1(1) ou 490.2(2) sont composés d’une maison d’habitation en tout ou en partie, le tribunal, pour rendre sa décision au titre du paragraphe (3), prend aussi en compte les facteurs suivants :

a) l’effet qu’aurait la confiscation à l’égard d’un membre de la famille immédiate de la personne accusée ou reconnue coupable de l’infraction, si la maison était la résidence principale de ce membre avant que l’accusation soit portée et elle continue de l’être par la suite;

b) le fait que le membre de la famille visé à l’alinéa a) semble innocent ou non de toute complicité ou collusion à l’égard de l’infraction.

2001, ch. 32, art. 33; 2007, ch. 13, art. 11.

Version précédente

Demandes des tiers intéressés

490.5 (1) Quiconque prétend avoir un droit sur un bien infractionnel confisqué au profit de Sa Majesté en vertu des paragraphes 490.1(1) ou 490.2(2) peut, dans les trente jours suivant la confiscation, demander par écrit à un juge de rendre en sa faveur l’ordonnance prévue au paragraphe (4); le présent paragraphe ne s’applique pas aux personnes suivantes :

a) celle qui a été reconnue coupable de l’acte criminel commis relativement à un bien confisqué aux termes du paragraphe 490.1(1);

b) celle qui a été accusée de l’acte criminel commis relativement à un bien confisqué aux termes du paragraphe 490.2(2);

c) celle qui a obtenu, de l’une ou l’autre des personnes visées aux alinéas a) et b), un titre ou un droit de possession sur ce bien dans des circonstances telles qu’elles permettent raisonnablement d’induire que l’opération a été effectuée dans l’intention d’éviter la confiscation du bien.

Date d’audition

(2) Le juge saisi de la demande fixe la date d’audition, laquelle doit être postérieure d’au moins trente jours à celle du dépôt de la demande.

Avis

(3) Le demandeur fait signifier un avis de sa demande et de la date d’audition au procureur général au moins quinze jours avant celle-ci.

Ordonnance protégeant le droit du demandeur

(4) Le juge peut rendre une ordonnance portant que le droit du demandeur n’est pas modifié par la confiscation et précisant la nature et la portée ou la valeur de ce droit, s’il est convaincu lors de l’audition de la demande que l’auteur de celle-ci :

a) d’une part, n’est pas l’une des personnes visées aux alinéas (1)a), b) ou c) et semble innocent de toute complicité ou collusion à l’égard de l’acte criminel qui a donné lieu à la confiscation;

b) d’autre part, a pris bien soin de s’assurer que le bien en cause n’avait vraisemblablement pas servi à la perpétration d’un acte illicite par la personne à qui il avait permis d’en prendre possession ou de qui il en avait obtenu la possession ou, dans le cas d’un créancier hypothécaire ou d’un titulaire de privilège ou de droit semblable, par le débiteur hypothécaire ou le débiteur assujetti au privilège ou au droit en question.

Appel

(5) Le demandeur ou le procureur général peut interjeter appel à la cour d’appel d’une ordonnance rendue en vertu du paragraphe (4), auquel cas les dispositions de la partie XXI qui traitent des règles de procédure en matière d’appel s’appliquent, avec les adaptations nécessaires.

Restitution

(6) Le procureur général est tenu, à la demande de toute personne à l’égard de laquelle une ordonnance a été rendue en vertu du paragraphe (4) et lorsque les délais d’appel sont expirés et que l’appel interjeté a été tranché, d’ordonner :

a) soit la restitution, au demandeur, du bien ou de la partie du bien sur laquelle porte le droit de celui-ci;

b) soit le paiement, au demandeur, d’une somme égale à la valeur de son droit déclarée dans l’ordonnance.

1997, ch. 23, art. 15; 2001, ch. 32, art. 34.

Appels

490.6 Les personnes qui s’estiment lésées par une ordonnance rendue en vertu du paragraphe 490.2(2) peuvent en appeler comme s’il s’agissait d’un appel interjeté à l’encontre d’une condamnation ou d’un acquittement, selon le cas, en vertu de la partie XXI, auquel cas les dispositions de celle-ci s’appliquent, avec les adaptations nécessaires.

1997, ch. 23, art. 15.

Suspension d’exécution pendant un appel

490.7 Par dérogation aux autres dispositions de la présente loi, l’exécution d’une ordonnance rendue en vertu des paragraphes 490.1(1), 490.2(2) ou 490.5(4) est suspendue jusqu’à l’issue :

a) de toute demande de restitution ou de confiscation des biens en question présentée aux termes de l’une de ces dispositions ou d’une autre disposition de la présente loi ou d’une autre loi fédérale;

b) de tout appel interjeté à l’encontre d’une ordonnance de restitution ou de confiscation rendue à l’égard des biens.

En tout état de cause, il ne peut être disposé des biens dans les trente jours qui suivent une ordonnance rendue en vertu de l’une de ces dispositions.

1997, ch. 23, art. 15.

Demande d’ordonnance de blocage

490.8 (1) Le procureur général peut, sous le régime du présent article, demander une ordonnance de blocage d’un bien infractionnel.

Procédure

(2) La demande d’ordonnance est à présenter à un juge par écrit mais peut être faite ex parte; elle est accompagnée de l’affidavit du procureur général ou de toute autre personne comportant les éléments suivants :

a) désignation de l’acte criminel auquel est lié le bien;

b) désignation de la personne que l’on croit en possession du bien;

c) description du bien.

Ordonnance de blocage

(3) Le juge saisi de la demande peut rendre une ordonnance de blocage s’il est convaincu qu’il existe des motifs raisonnables de croire que le bien est un bien infractionnel; l’ordonnance prévoit qu’il est interdit à toute personne de se départir du bien mentionné dans l’ordonnance ou d’effectuer des opérations sur les droits qu’elle détient sur lui, sauf dans la mesure où l’ordonnance le prévoit.

Biens à l’étranger

(3.1) Les ordonnances de blocage visées au présent article peuvent être rendues à l’égard de biens situés à l’étranger, avec les adaptations nécessaires.

Conditions

(4) L’ordonnance de blocage peut être assortie des conditions raisonnables que le juge estime indiquées.

Ordonnance écrite

(5) L’ordonnance de blocage est rendue par écrit.

Signification

(6) Une copie de l’ordonnance de blocage est signifiée à la personne qu’elle vise; la signification se fait selon les règles du tribunal ou de la façon dont le juge l’ordonne.

Enregistrement

(7) Une copie de l’ordonnance de blocage est enregistrée à l’égard d’un bien conformément aux lois de la province où ce bien est situé.

Validité

(8) L’ordonnance de blocage demeure en vigueur jusqu’à ce que l’une des circonstances suivantes survienne :

a) une ordonnance est rendue à l’égard du bien conformément aux paragraphes 490(9) ou (11), 490.4(3) ou 490.41(3);

b) une ordonnance de confiscation du bien est rendue en vertu de l’article 490 ou des paragraphes 490.1(1) ou 490.2(2).

Infraction

(9) Toute personne à qui une ordonnance de blocage est signifiée en conformité avec le présent article et qui, pendant que celle-ci est en vigueur, contrevient à ses dispositions est coupable d’un acte criminel ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

1997, ch. 23, art. 15; 2001, ch. 32, art. 35.

Ordonnance de prise en charge

490.81 (1) À la demande du procureur général ou d’une autre personne munie de son consentement écrit, en ce qui concerne les biens infractionnels autres que les substances désignées au sens de la Loi réglementant certaines drogues et autres substances, le juge ou le juge de paix, à l’égard de tels biens saisis en vertu de l’article 487, ou le juge, à

l’égard de tels biens bloqués en vertu de l’article 490.8, peut, s’il l’estime indiqué dans les circonstances :

a) nommer un administrateur et lui ordonner de prendre en charge ces biens en tout ou en partie, de les administrer ou d’effectuer toute autre opération à leur égard conformément aux directives du juge ou du juge de paix;

b) ordonner à toute personne qui a la possession d’un bien, à l’égard duquel un administrateur est nommé, de le remettre à celui-ci.

Ministre des Travaux publics et des Services gouvernementaux

(2) À la demande du procureur général du Canada, le juge ou le juge de paix nomme le ministre des Travaux publics et des Services gouvernementaux à titre d’administrateur visé au paragraphe (1).

Administration

(3) La charge d’administrer des biens ou d’effectuer toute autre opération à leur égard comprend notamment :

a) dans le cas de biens périssables ou qui se déprécient rapidement, le pouvoir de les vendre en cours d’instance;

b) dans le cas de biens qui n’ont pas ou peu de valeur, le pouvoir de les détruire.

Demande d’ordonnance de destruction

(4) Avant de détruire un bien d’aucune ou de peu de valeur, la personne qui en a la charge est tenue de demander au tribunal de rendre une ordonnance de destruction.

Avis

(5) Avant de rendre une ordonnance de destruction d’un bien, le tribunal exige que soit donné un avis conformément au paragraphe (6) à quiconque, à son avis, semble avoir un droit sur le bien; le tribunal peut aussi entendre une telle personne.

Modalités de l’avis

(6) L’avis :

a) est donné ou signifié selon les modalités précisées par le tribunal ou prévues par les règles de celui-ci;

b) est donné dans le délai que le tribunal estime raisonnable ou que fixent les règles de celui-ci.

Ordonnance

(7) Le tribunal ordonne la destruction du bien s’il est convaincu que le bien n’a pas ou peu de valeur, financière ou autre.

Cessation d’effet de l’ordonnance de prise en charge

(8) L’ordonnance de prise en charge cesse d’avoir effet lorsque les biens qu’elle vise sont remis, conformément à la loi, à celui qui présente une demande en ce sens ou sont confisqués au profit de Sa Majesté.

Demande de modification des conditions

(9) Le procureur général peut demander au juge ou au juge de paix d’annuler ou de modifier une condition à laquelle est assujettie l’ordonnance de prise en charge, à l’exclusion d’une modification de la nomination effectuée en vertu du paragraphe (2).

2001, ch. 32, art. 36.

Application des art. 489.1 et 490

490.9 (1) Sous réserve des articles 490.1 à 490.7, les articles 489.1 et 490 s’appliquent, avec les adaptations nécessaires, aux biens infractionnels ayant fait l’objet d’une ordonnance de blocage en vertu de l’article 490.8.

Engagement

(2) Le juge de paix ou le juge qui rend une ordonnance en vertu de l’alinéa 490(9)c) sur une demande — présentée au titre du paragraphe (1) — visant la remise d’un bien infractionnel faisant l’objet d’une ordonnance de blocage prévue à l’article 490.8 peut exiger du demandeur qu’il contracte devant lui, avec ou sans caution, un engagement dont le montant et les conditions sont fixés par lui et, si le juge de paix ou le juge l’estime indiqué, qu’il dépose auprès de lui la somme d’argent ou toute autre valeur que celui-ci fixe.

1997, ch. 23, art. 15.

Confiscation des armes et munitions

491. (1) Sous réserve du paragraphe (2), lorsqu’un tribunal décide que des armes, fausses armes à feu, dispositifs prohibés, munitions, munitions prohibées ou substances explosives ont été employés pour la perpétration d’une infraction ou qu’une personne a commis une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives et que les objets en cause sont saisis et retenus,

ceux-ci sont confisqués au profit de Sa Majesté et il doit en être disposé selon les instructions du procureur général.

Restitution au propriétaire

(2) Si le tribunal est convaincu que le propriétaire légitime des objets confisqués en application du paragraphe (1) ou susceptibles de l’être n’a pas participé à l’infraction et n’avait aucun motif raisonnable de croire que ces objets seraient ou pourraient être employés pour la perpétration d’une infraction, il ordonne qu’ils soient rendus à leur propriétaire légitime ou que le produit de leur vente soit versé à ce dernier ou, si les objets ont été détruits, qu’une somme égale à leur valeur lui soit versée.

Emploi du produit

(3) Sous réserve du paragraphe (2), le produit de la vente, en vertu du présent article, des objets est versé au procureur général.

L.R. (1985), ch. C-46, art. 491; 1991, ch. 40, art. 30; 1995, ch. 39, art. 152.

Ordonnances à l’égard des biens obtenus criminellement

491.1 (1) Lorsqu’un accusé ou un défendeur subit un procès et que le tribunal conclut qu’une infraction a été commise, que l’accusé ou le défendeur ait été déclaré coupable ou absous en vertu de l’article 730 ou non, et qu’au moment du procès, des biens obtenus par la commission de l’infraction :

a) d’une part, sont devant le tribunal ou sont détenus de façon à être disponibles immédiatement;

b) d’autre part, ne seront pas nécessaires à titre de preuve dans d’autres procédures,

l’article 490 ne s’applique pas à ces biens et le tribunal rend une ordonnance en vertu du paragraphe (2) à l’égard de ceux-ci.

Idem

(2) Dans les circonstances visées au paragraphe (1), le tribunal rend une ordonnance à l’égard de certains biens, portant :

a) remise de ceux-ci à leur propriétaire légitime ou à la personne qui a droit à leur possession légitime, s’ils sont connus;

b) confiscation au profit de Sa Majesté, si leur propriétaire légitime ou la personne qui a droit à leur possession légitime ne sont pas connus, pour qu’il en soit disposé selon que l’ordonne le procureur général ou autrement en conformité avec la loi.

Restriction

(3) Une ordonnance ne peut être rendue en vertu du paragraphe (2) à l’égard :

a) des poursuites intentées en vertu des articles 330, 331, 332 ou 336 contre un fiduciaire, une banque, un marchand, un fondé de pouvoir, un courtier ou autre mandataire à qui la possession de certains biens ou titres de propriété avait été confiée;

b) des biens suivants :

(i) des biens qu’un tiers qui ignore qu’une infraction a été commise a acquis légitimement de bonne foi pour une contrepartie valable,

(ii) des valeurs qui ont été remboursées ou payées de bonne foi par le débiteur,

(iii) des valeurs négociables qui de bonne foi ont été transférées pour une contrepartie valable par une personne qui ne savait pas et n’avait aucun motif raisonnable de croire qu’une infraction avait été commise,

(iv) des biens dont la propriété ou la possession est contestée par des personnes autres que l’accusé ou le défendeur.

Exécution

(4) L’ordonnance rendue en vertu du présent article est, si le tribunal l’ordonne, exécutée par les agents de la paix chargés habituellement de l’exécution des ordonnances du tribunal.

L.R. (1985), ch. 27 (1er suppl.), art. 74, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 18.

Preuve photographique

491.2 (1) Un agent de la paix — ou une personne qui agit sous la direction d’un agent de la paix — peut photographier des biens qui doivent être restitués — ou qui font l’objet d’une ordonnance de restitution — , confisqués ou dont il doit être disposé en conformité avec les articles 489.1 ou 490, ou qui sont autrement restitués, et qui normalement devraient être déposés à une enquête préliminaire, à un procès ou dans d’autres procédures engagés à l’égard d’une infraction prévue aux articles 334, 344, 348, 354, 362 ou 380; l’agent de la paix ou cette personne est autorisé à conserver les photographies.

Admissibilité de la preuve photographique

(2) Les photographies prises en vertu du paragraphe (1) sont, à la condition d’être accompagnées d’un certificat comportant les renseignements visés au paragraphe (3), admissibles en preuve et, en l’absence de preuve contraire, ont la même force probante

que les biens photographiés auraient eue s’ils avaient été déposés en preuve de la façon normale.

Renseignements

(3) Pour l’application du paragraphe (2), est admissible en preuve et, en l’absence de preuve contraire, fait foi de son contenu sans qu’il soit nécessaire de prouver l’authenticité de la signature qui y apparaît le certificat qui indique que :

a) le signataire a pris la photographie en vertu du paragraphe (1);

b) le signataire est un agent de la paix ou a agi sous la direction d’un agent de la paix;

c) la photographie est conforme.

Affidavit de l’agent de la paix

(4) L’affidavit ou la déclaration solennelle de la personne — agent de la paix ou autre — qui affirme avoir saisi et retenu un bien, ou l’avoir fait retenir, et que le bien n’a pas été modifié entre le moment où elle l’a reçu et celui où une photographie en a été prise dans les cas prévus au paragraphe (1) est admissible en preuve et, en l’absence de preuve contraire, fait foi de son contenu sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Préavis

(5) À moins que le tribunal n’en décide autrement, les photographies, certificats, affidavits ou déclarations solennelles ne sont admissibles en preuve en vertu des paragraphes (2), (3) ou (4) lors d’un procès ou dans d’autres procédures que si, avant le procès ou ces procédures, le poursuivant a remis à l’accusé un préavis raisonnable de son intention de les déposer en preuve accompagné d’une copie du document en question.

Comparution du déclarant

(6) Par dérogation aux paragraphes (3) et (4), le tribunal peut ordonner à la personne dont la signature apparaît au bas du certificat, de l’affidavit ou de la déclaration solennelle visés à ces paragraphes de se présenter devant lui pour être interrogée ou contre­ interrogée sur le contenu du certificat, de l’affidavit ou de la déclaration.

Dépôt des biens

(7) Le tribunal peut ordonner que des biens saisis qui ont été restitués en vertu des articles 489.1 ou 490 soient déposés devant le tribunal ou mis à la disposition des parties aux procédures à un lieu et à une date convenables, même si une photographie certifiée de ceux-ci a été déposée en preuve, à la condition d’être convaincu que l’intérêt de la justice l’exige et que cela est possible et réalisable compte tenu des circonstances.

Définition de « photographie »

(8) Au présent article, sont notamment assimilés à une photographie un film fixe, une pellicule ou une plaque photographique, une microphotographie, un cliché de photocopie, une radiographie, un film et un enregistrement magnétoscopique.

L.R. (1985), ch. 23 (4e suppl.), art. 2; 1992, ch. 1, art. 58.

Saisie d’explosifs

492. (1) Toute personne qui exécute un mandat décerné en vertu des articles 487 ou 487.1 peut saisir une substance explosive qu’elle soupçonne être destinée à servir pour une fin illégale et elle doit, aussitôt que possible, transporter dans un endroit sûr tout ce qu’elle saisit en vertu du présent article et le détenir jusqu’à ce qu’elle reçoive, d’un juge d’une cour supérieure, l’ordre de le livrer à une autre personne ou un ordre rendu en conformité avec le paragraphe (2).

Confiscation

(2) Lorsqu’un prévenu est déclaré coupable d’une infraction concernant une chose saisie en vertu du paragraphe (1), cette chose est confisquée et doit être traitée de la manière qu’ordonne le tribunal prononçant la déclaration de culpabilité.

Emploi du produit

(3) Lorsqu’une chose visée par le présent article est vendue, le produit de la vente est versé au procureur général.

L.R. (1985), ch. C-46, art. 492; L.R. (1985), ch. 27 (1er suppl.), art. 70.

Dénonciation pour mandat de localisation

492.1 (1) Le juge de paix qui est convaincu, à la suite d’une dénonciation par écrit faite sous serment, qu’il existe des motifs raisonnables de soupçonner qu’une infraction à la présente loi ou à toute autre loi fédérale a été ou sera commise et que des renseignements utiles à cet égard, notamment sur le lieu où peut se trouver une personne, peuvent être obtenus au moyen d’un dispositif de localisation peut décerner un mandat autorisant un agent de la paix ou, dans le cas d’un fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale, celui qui y est nommé :

a) à installer un dispositif de localisation dans ou sur toute chose, notamment une chose transportée, utilisée ou portée par une personne, à l’entretenir et à l’enlever;

b) à surveiller ou faire surveiller ce dispositif.

Période de validité du mandat

(2) Le mandat est valide pour la période, d’au plus soixante jours, qui y est indiquée.

Nouveaux mandats

(3) Le juge de paix peut décerner de nouveaux mandats en vertu du présent article.

Définition de « dispositif de localisation »

(4) Pour l’application du présent article, « dispositif de localisation » s’entend d’un dispositif qui, lorsqu’il est placé dans ou sur une chose, peut servir à localiser une chose ou une personne par des moyens électroniques ou autres.

Enlèvement après l’expiration du mandat

(5) Sur demande écrite ex parte, accompagnée d’un affidavit, le juge de paix qui a décerné le mandat visé aux paragraphes (1) ou (3) ou un juge de paix compétent pour décerner un tel mandat peut permettre que le dispositif de localisation soit enlevé secrètement après l’expiration du mandat :

a) selon les modalités qu’il estime opportunes;

b) au cours de la période, d’au plus soixante jours, qu’il spécifie.

1993, ch. 40, art. 18; 1999, ch. 5, art. 18.

Dénonciation : enregistreur de numéro

492.2 (1) Le juge de paix qui est convaincu, à la suite d’une dénonciation par écrit faite sous serment, qu’il existe des motifs raisonnables de soupçonner qu’une infraction à la présente loi ou à toute autre loi fédérale a été ou sera commise et que des renseignements utiles à l’enquête relative à l’infraction pourraient être obtenus au moyen d’un enregistreur de numéro peut décerner un mandat autorisant un agent de la paix ou, dans le cas d’un fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale, celui qui y est nommé :

a) à placer sous enregistreur de numéro un téléphone ou une ligne téléphonique, à entretenir l’enregistreur et à les en dégager;

b) à surveiller ou faire surveiller l’enregistreur.

Ordonnance : registre de téléphone

(2) Dans les circonstances visées au paragraphe (1), le juge peut ordonner à la personne ou à l’organisme qui possède légalement un registre des appels provenant d’un téléphone ou reçus ou destinés à être reçus à ce téléphone de donner le registre ou une copie de celui-ci à toute personne nommée dans l’ordonnance.

Autres dispositions applicables

(3) Les paragraphes 492.1(2) et (3) s’appliquent, avec les adaptations nécessaires, aux mandats décernés et aux ordonnances rendues en vertu du présent article.

Définition de « enregistreur de numéro »

(4) Pour l’application du présent article, « enregistreur de numéro » s’entend d’un dispositif qui peut enregistrer ou identifier le numéro ou la localisation du téléphone d’où provient un appel ou auquel l’appel est reçu ou destiné à être reçu.

1993, ch. 40, art. 18; 1999, ch. 5, art. 19.

PARTIE XVI

MESURES CONCERNANT LA COMPARUTION D’UN PRÉVENU DEVANT UN JUGE DE PAIX ET LA MISE EN LIBERTÉ PROVISOIRE Définitions Définitions

493. Les définitions qui suivent s’appliquent à la présente partie.

« citation à comparaître »

“appearance notice”

« citation à comparaître » Citation selon la formule 9, délivrée par un agent de la paix.

« engagement »

“recognizance”

« engagement » Relativement à un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix, engagement selon la formule 11; relativement à un engagement contracté devant un juge de paix ou un juge, engagement selon la formule 32.

« fonctionnaire responsable »

“officer in charge”

« fonctionnaire responsable » Le fonctionnaire qui, au moment considéré, commande les policiers chargés du poste de police ou autre lieu où un prévenu est conduit après son arrestation ou tout agent de la paix désigné par lui pour l’application de la présente partie et qui est responsable de ce lieu au moment où un prévenu y est conduit pour être détenu sous garde.

« juge »

“judge”

« juge »

a) Dans la province d’Ontario, un juge de la cour supérieure de juridiction criminelle de la province;

b) dans la province de Québec, un juge de la cour supérieure de juridiction criminelle de la province ou trois juges de la Cour du Québec;

c) [Abrogé, 1992, ch. 51, art. 37]

d) dans les provinces de la Nouvelle-Écosse, du Nouveau-Brunswick, du Manitoba, de la Colombie-Britannique, de l’Île-du-Prince-Édouard, de la Saskatchewan, d’Alberta et de Terre-Neuve, un juge de la cour supérieure de juridiction criminelle de la province;

e) au Yukon et dans les Territoires du Nord-Ouest, un juge de la Cour suprême;

f) au Nunavut, un juge de la Cour de justice.

« mandat »

“warrant”

« mandat » Relativement à un mandat pour l’arrestation d’une personne, mandat selon la formule 7; relativement à un mandat de dépôt pour l’internement d’une personne, mandat selon la formule 8.

« prévenu »

“accused”

« prévenu » S’entend notamment :

a) d’une personne à laquelle un agent de la paix a délivré une citation à comparaître en vertu de l’article 496;

b) d’une personne arrêtée pour infraction criminelle.

« promesse »

“undertaking”

« promesse » Promesse selon la formule 11.1 ou 12.

« promesse de comparaître »

“promise to appear”

« promesse de comparaître » Promesse selon la formule 10.

« sommation »

“summons”

« sommation » Sommation selon la formule 6, décernée par un juge de paix ou un juge.

L.R. (1985), ch. C-46, art. 493; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (2e suppl.), art. 10, ch. 40 (4e suppl.), art. 2; 1990, ch. 16, art. 5, ch. 17, art. 12; 1992, ch. 51, art. 37; 1994, ch. 44, art. 39; 1999, ch. 3, art. 30; 2002, ch. 7, art. 143.

Version précédente

Arrestation sans mandat et mise en liberté Arrestation sans mandat par quiconque

494. (1) Toute personne peut arrêter sans mandat :

a) un individu qu’elle trouve en train de commettre un acte criminel;

b) un individu qui, d’après ce qu’elle croit pour des motifs raisonnables :

(i) d’une part, a commis une infraction criminelle,

(ii) d’autre part, est en train de fuir des personnes légalement autorisées à l’arrêter et est immédiatement poursuivi par ces personnes.

Arrestation par le propriétaire, etc. d’un bien

(2) Quiconque est, selon le cas :

a) le propriétaire ou une personne en possession légitime d’un bien;

b) une personne autorisée par le propriétaire ou par une personne en possession légitime d’un bien,

peut arrêter sans mandat une personne qu’il trouve en train de commettre une infraction criminelle sur ou concernant ce bien.

Personne livrée à un agent de la paix

(3) Quiconque, n’étant pas un agent de la paix, arrête une personne sans mandat doit aussitôt la livrer à un agent de la paix.

S.R., ch. C-34, art. 449; S.R., ch. 2(2e suppl.), art. 5.

Arrestation sans mandat par un agent de la paix

495. (1) Un agent de la paix peut arrêter sans mandat :

a) une personne qui a commis un acte criminel ou qui, d’après ce qu’il croit pour des motifs raisonnables, a commis ou est sur le point de commettre un acte criminel;

b) une personne qu’il trouve en train de commettre une infraction criminelle;

c) une personne contre laquelle, d’après ce qu’il croit pour des motifs raisonnables, un mandat d’arrestation ou un mandat de dépôt, rédigé selon une formule relative aux mandats et reproduite à la partie XXVIII, est exécutoire dans les limites de la juridiction territoriale dans laquelle est trouvée cette personne.

Restriction

(2) Un agent de la paix ne peut arrêter une personne sans mandat :

a) soit pour un acte criminel mentionné à l’article 553;

b) soit pour une infraction pour laquelle la personne peut être poursuivie sur acte d’accusation ou punie sur déclaration de culpabilité par procédure sommaire;

c) soit pour une infraction punissable sur déclaration de culpabilité par procédure sommaire,

dans aucun cas où :

d) d’une part, il a des motifs raisonnables de croire que l’intérêt public, eu égard aux circonstances, y compris la nécessité :

(i) d’identifier la personne,

(ii) de recueillir ou conserver une preuve de l’infraction ou une preuve y relative,

(iii) d’empêcher que l’infraction se poursuive ou se répète, ou qu’une autre infraction soit commise,

peut être sauvegardé sans arrêter la personne sans mandat;

e) d’autre part, il n’a aucun motif raisonnable de croire que, s’il n’arrête pas la personne sans mandat, celle-ci omettra d’être présente au tribunal pour être traitée selon la loi.

Conséquences de l’arrestation sans mandat

(3) Nonobstant le paragraphe (2), un agent de la paix agissant aux termes du paragraphe (1) est censé agir légalement et dans l’exercice de ses fonctions aux fins :

a) de toutes procédures engagées en vertu de la présente loi ou de toute autre loi fédérale;

b) de toutes autres procédures, à moins qu’il n’y soit allégué et établi par la personne qui fait cette allégation que l’agent de la paix ne s’est pas conformé aux exigences du paragraphe (2).

L.R. (1985), ch. C-46, art. 495; L.R. (1985), ch. 27 (1er suppl.), art. 75.

Délivrance d’une citation à comparaître par un agent de la paix

496. Lorsque, en vertu du paragraphe 495(2), un agent de la paix n’arrête pas une personne, il peut délivrer une citation à comparaître à cette personne si l’infraction est :

a) soit un acte criminel mentionné à l’article 553;

b) soit une infraction pour laquelle la personne peut être poursuivie sur acte d’accusation ou punie sur déclaration de culpabilité par procédure sommaire;

c) soit une infraction punissable sur déclaration de culpabilité par procédure sommaire.

S.R., ch. C-34, art. 451; S.R., ch. 2(2e suppl.), art. 5.

Mise en liberté par un agent de la paix

497. (1) Sous réserve du paragraphe (1.1), lorsqu’un agent de la paix arrête une personne sans mandat pour une infraction visée aux alinéas 496a), b) ou c), il doit dès que cela est matériellement possible :

a) soit la mettre en liberté dans l’intention de l’obliger à comparaître par voie de sommation;

b) soit lui délivrer une citation à comparaître et la mettre aussitôt en liberté.

Exception

(1.1) L’agent de la paix ne doit pas mettre la personne en liberté en application du paragraphe (1) s’il a des motifs raisonnables de croire :

a) qu’il est nécessaire, dans l’intérêt public, de détenir la personne sous garde ou de régler la question de sa mise en liberté en vertu d’une autre disposition de la présente partie, eu égard aux circonstances, y compris la nécessité :

(i) d’identifier la personne,

(ii) de recueillir ou conserver une preuve de l’infraction ou une preuve y relative,

(iii) d’empêcher que l’infraction se poursuive ou se répète, ou qu’une autre infraction soit commise,

(iv) d’assurer la sécurité des victimes ou des témoins de l’infraction;

b) que, s’il met la personne en liberté, celle-ci omettra d’être présente au tribunal pour être traitée selon la loi.

Cas où le par. (1) ne s’applique pas

(2) Le paragraphe (1) ne s’applique pas à l’égard d’une personne qui a été arrêtée sans mandat par un agent de la paix pour une infraction visée au paragraphe 503(3).

Conséquences du fait de ne pas mettre une personne en liberté

(3) Un agent de la paix qui a arrêté une personne sans mandat pour une infraction visée au paragraphe (1) et qui ne met pas cette personne en liberté, dès que cela est matériellement possible, de la manière visée à ce paragraphe, est censé agir légalement et dans l’exercice de ses fonctions à l’égard :

a) de toutes procédures engagées en vertu de la présente loi ou de toute autre loi fédérale;

b) de toutes autres procédures, à moins qu’il n’y soit allégué et établi par la personne qui fait cette allégation que l’agent de la paix ne s’est pas conformé aux exigences du paragraphe (1).

L.R. (1985), ch. C-46, art. 497; 1999, ch. 25, art. 3(préambule).

Mise en liberté par un fonctionnaire responsable

498. (1) Sous réserve du paragraphe (1.1), lorsqu’une personne qui a été arrêtée sans mandat par un agent de la paix est mise sous garde, ou lorsqu’une personne qui a été arrêtée sans mandat et livrée à un agent de la paix en conformité avec le paragraphe 494(3) ou confiée à sa garde en conformité avec le paragraphe 163.5(3) de la Loi sur les douanes est détenue sous garde en vertu du paragraphe 503(1) soit pour une infraction visée aux alinéas 496a), b) ou c), soit pour toute autre infraction qui est punissable d’un emprisonnement de cinq ans ou moins, et n’a pas été conduite devant un juge de paix ni mise en liberté en vertu d’une autre disposition de la présente partie, le fonctionnaire responsable ou un autre agent de la paix doit, dès que cela est matériellement possible :

a) soit la mettre en liberté dans l’intention de l’obliger à comparaître par voie de sommation;

b) soit la mettre en liberté pourvu qu’elle remette sa promesse de comparaître;

c) soit la mettre en liberté pourvu qu’elle contracte devant le fonctionnaire responsable ou un autre agent de la paix, sans caution, un engagement d’un montant maximal de 500 $ que fixe le fonctionnaire responsable ou l’agent de la paix, mais sans dépôt d’argent ou d’autre valeur;

d) soit, si elle ne réside pas ordinairement dans la province où elle est sous garde ou dans un rayon de deux cents kilomètres du lieu où elle est sous garde, la mettre en liberté pourvu qu’elle contracte devant le fonctionnaire responsable ou un autre agent de la paix, sans caution, un engagement d’un montant maximal de 500 $ que fixe le fonctionnaire responsable ou l’agent de la paix et, s’il l’ordonne, qu’elle dépose auprès de lui telle somme d’argent ou autre valeur, ne dépassant pas le montant ou la valeur de 500 $, qu’il fixe.

Exception

(1.1) Le fonctionnaire responsable ou l’agent de la paix ne doit pas mettre la personne en liberté en application du paragraphe (1) s’il a des motifs raisonnables de croire :

a) qu’il est nécessaire, dans l’intérêt public, de détenir la personne sous garde ou de régler la question de sa mise en liberté en vertu d’une autre disposition de la présente partie, eu égard aux circonstances, y compris la nécessité :

(i) d’identifier la personne,

(ii) de recueillir ou conserver une preuve de l’infraction ou une preuve y relative,

(iii) d’empêcher que l’infraction se poursuive ou se répète, ou qu’une autre infraction soit commise,

(iv) d’assurer la sécurité des victimes ou des témoins de l’infraction;

b) que, s’il met la personne en liberté, celle-ci omettra d’être présente au tribunal pour être traitée selon la loi.

Cas où le par. (1) ne s’applique pas

(2) Le paragraphe (1) ne s’applique pas à l’égard d’une personne qui a été arrêtée sans mandat par un agent de la paix pour une infraction visée au paragraphe 503(3).

Conséquences du fait de ne pas mettre une personne en liberté

(3) Un fonctionnaire responsable ou un autre agent de la paix qui a la garde d’une personne mise ou détenue sous garde pour une infraction visée au paragraphe (1) et qui ne la met pas en liberté dès que cela est matériellement possible, de la manière visée à ce paragraphe, est censé agir légalement et dans l’exercice de ses fonctions à l’égard :

a) de toutes procédures engagées en vertu de la présente loi ou de toute autre loi fédérale;

b) de toutes autres procédures, à moins qu’il n’y soit allégué et établi par la personne qui fait cette allégation que le fonctionnaire responsable ou l’agent de la paix ne s’est pas conformé aux exigences du paragraphe (1).

L.R. (1985), ch. C-46, art. 498; L.R. (1985), ch. 27 (1er suppl.), art. 186; 1997, ch. 18, art. 52; 1998, ch. 7, art. 2; 1999, ch. 25, art. 4 et 30(préambule).

Mise en liberté par un fonctionnaire responsable lorsque l’arrestation a été faite aux termes d’un mandat

499. (1) Le fonctionnaire responsable peut, lorsqu’une personne a été mise sous garde après avoir été arrêtée par un agent de la paix pour une infraction autre que celles prévues à l’article 522 aux termes d’un mandat visé par un juge de paix conformément au paragraphe 507(6) :

a) soit la mettre en liberté pourvu qu’elle remette sa promesse de comparaître;

b) soit la mettre en liberté pourvu qu’elle contracte devant lui, sans caution, un engagement d’un montant maximal de cinq cents dollars qu’il fixe, mais sans dépôt d’argent ou d’autre valeur;

c) soit, si elle ne réside pas ordinairement dans la province où elle est sous garde ou dans un rayon de deux cents kilomètres du lieu où elle est sous garde, la mettre en liberté pourvu qu’elle contracte devant lui, sans caution, un engagement d’un montant d’au plus cinq cents dollars qu’il fixe et, s’il l’ordonne, qu’elle dépose auprès de lui telle somme d’argent ou autre valeur, ne dépassant pas le montant ou la valeur de cinq cents dollars, qu’il fixe.

Autres conditions

(2) En vue de la mettre en liberté, le fonctionnaire responsable peut exiger de la personne, outre les conditions prévues au paragraphe (1), qu’elle remette une promesse suivant la formule 11.1 contenant une ou plusieurs des conditions suivantes :

a) demeurer dans le ressort de la juridiction indiquée dans la promesse;

b) aviser l’agent de la paix ou la personne nommé dans la promesse de tout changement d’adresse, d’emploi ou d’occupation;

c) s’abstenir de communiquer, directement ou indirectement, avec toute personne — victime, témoin ou autre — identifiée dans la promesse ou d’aller dans un lieu qui y est mentionné, si ce n’est en conformité avec les conditions qui y sont prévues;

d) remettre son passeport à l’agent de la paix ou à la personne nommé dans la promesse;

e) s’abstenir de posséder des armes à feu et remettre ses armes à feu et les autorisations, permis et certificats d’enregistrement dont il est titulaire ou tout autre document lui permettant d’acquérir ou de posséder des armes à feu;

f) se présenter, aux moments indiqués dans la promesse, à un agent de la paix ou à une autre personne désignés dans la promesse;

g) s’abstenir de consommer :

(i) de l’alcool ou d’autres substances intoxicantes,

(ii) des drogues, sauf sur ordonnance médicale;

h) observer telles autres conditions indiquées dans la promesse que le fonctionnaire responsable estime nécessaires pour assurer la sécurité des victimes ou des témoins de l’infraction.

Requête au juge de paix

(3) La personne qui a remis la promesse prévue au paragraphe (2) peut, avant sa comparution ou lors de celle-ci, demander au juge de paix de rendre l’ordonnance visée

au paragraphe 515(1) pour qu’elle soit substituée à sa promesse. Le cas échéant, l’article 515 s’applique à l’égard de cette personne avec les adaptations nécessaires.

Requête au juge de paix

(4) Dans le cas d’une personne qui a remis la promesse prévue au paragraphe (2), le poursuivant peut, lors de la comparution ou avant celle-ci et à la condition, dans ce dernier cas, d’avoir remis un préavis de 3 jours à cette personne, demander au juge de paix de rendre l’ordonnance visée au paragraphe 515(2) pour qu’elle soit substituée à la promesse. Le cas échéant, l’article 515 s’applique à l’égard de cette personne avec les adaptations nécessaires.

L.R. (1985), ch. C-46, art. 499; L.R. (1985), ch. 27 (1er suppl.), art. 186; 1994, ch. 44, art. 40; 1997, ch. 18, art. 53; 1999, ch. 25, art. 5(préambule).

Argent ou autre valeur devant être déposés auprès du juge de paix

500. Lorsqu’une personne a, en application de l’alinéa 498(1)d) ou 499(1)c), déposé auprès du fonctionnaire responsable une somme d’argent ou autre valeur, le fonctionnaire responsable fait remettre, aussitôt après ce dépôt, cet argent ou cette autre valeur à un juge de paix pour dépôt auprès de celui-ci.

L.R. (1985), ch. C-46, art. 500; 1999, ch. 5, art. 20, ch. 25, art. 6(préambule).

Contenu de la citation à comparaître, de la promesse de comparaître et de l’engagement

501. (1) Une citation à comparaître délivrée par un agent de la paix ou une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix doit :

a) indiquer le nom du prévenu;

b) indiquer l’essentiel de l’infraction que le prévenu est présumé avoir commise;

c) exiger que le prévenu se présente devant le tribunal aux date, heure et lieu qui y sont indiqués et par la suite selon que le tribunal l’exigera afin d’être traité selon la loi.

Idem

(2) Le texte des paragraphes 145(5) et (6) et celui de l’article 502 doivent être reproduits dans une citation à comparaître délivrée par un agent de la paix ou une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix.

Comparution aux fins de la Loi sur l’identification des criminels

(3) Une citation à comparaître délivrée par un agent de la paix, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix peuvent enjoindre au prévenu de comparaître, pour l’application de la Loi sur l’identification des criminels, aux temps et lieu y indiqués, lorsque le prévenu est présumé avoir commis un acte criminel et, dans le cas d’une infraction qualifiée de contravention en vertu de la Loi sur les contraventions, si le procureur général, au sens de cette loi, ne se prévaut pas du choix prévu à l’article 50 de la même loi.

Signature du prévenu

(4) On doit demander au prévenu de signer en double exemplaire sa citation à comparaître, sa promesse de comparaître ou son engagement et que le prévenu signe ou non, un exemplaire doit lui être remis immédiatement; mais s’il refuse ou fait défaut de signer, l’absence de sa signature ne porte pas atteinte à la validité de la citation à comparaître, de la promesse de comparaître ou de l’engagement, selon le cas.

(5) [Abrogé, 2008, ch. 18, art. 15]

L.R. (1985), ch. C-46, art. 501; L.R. (1985), ch. 27 (1er suppl.), art. 76; 1992, ch. 47, art. 69; 1994, ch. 44, art. 41 et 94; 1996, ch. 7, art. 38; 2008, ch. 18, art. 15.

Version précédente

Omission de comparaître

502. Lorsqu’un prévenu à qui une citation à comparaître, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix enjoint de comparaître aux temps et lieu y indiqués, pour l’application de la Loi sur l’identification des criminels, ne comparaît pas aux temps et lieu ainsi fixés, un juge de paix peut, lorsque la citation à comparaître, la promesse de comparaître ou l’engagement a été confirmé par un juge de paix en vertu de l’article 508, décerner un mandat pour l’arrestation du prévenu pour l’infraction dont il est inculpé.

L.R. (1985), ch. C-46, art. 502; 1992, ch. 47, art. 70; 1996, ch. 7, art. 38; 1997, ch. 18, art. 54.

Comparution du prévenu devant un juge de paix Prévenu conduit devant un juge de paix

503. (1) Un agent de la paix qui arrête une personne avec ou sans mandat, auquel une personne est livrée en conformité avec le paragraphe 494(3) ou à la garde de qui une personne est confiée en conformité avec le paragraphe 163.5(3) de la Loi sur les douanes la fait mettre sous garde et, conformément aux dispositions suivantes, la fait conduire devant un juge de paix pour qu’elle soit traitée selon la loi :

a) si un juge de paix est disponible dans un délai de vingt-quatre heures après qu’elle a été arrêtée par l’agent de la paix ou lui a été livrée, elle est conduite devant un juge de paix sans retard injustifié et, dans tous les cas, au plus tard dans ce délai;

b) si un juge de paix n’est pas disponible dans un délai de vingt-quatre heures après qu’elle a été arrêtée par l’agent de la paix ou lui a été livrée, elle est conduite devant un juge de paix le plus tôt possible,

à moins que, à un moment quelconque avant l’expiration du délai prescrit à l’alinéa a) ou b) pour la conduire devant un juge de paix :

c) ou bien l’agent de la paix ou le fonctionnaire responsable ne la mette en liberté en vertu de toute autre disposition de la présente partie;

d) ou bien l’agent de la paix ou le fonctionnaire responsable ne soit convaincu qu’elle devrait être mise en liberté soit inconditionnellement, notamment en vertu du paragraphe (4), soit sous condition, et ne la mette ainsi en liberté.

Libération conditionnelle

(2) L’agent de la paix ou le fonctionnaire responsable, convaincu de la nécessité de cette mesure, peut mettre en liberté conditionnelle, conformément au paragraphe (2.1) et aux alinéas 498(1)b) à d), une personne visée au paragraphe (1), à moins qu’elle ne soit détenue sous garde pour avoir commis une infraction mentionnée à l’article 522.

Promesse

(2.1) En vue de la mettre en liberté, l’agent de la paix ou le fonctionnaire responsable peut exiger de la personne, outre les conditions prévues au paragraphe (2), qu’elle remette une promesse suivant la formule 11.1 contenant une ou plusieurs des conditions suivantes :

a) demeurer dans le ressort de la juridiction indiquée dans la promesse;

b) aviser l’agent de la paix ou la personne nommé dans la promesse de tout changement d’adresse, d’emploi ou d’occupation;

c) s’abstenir de communiquer, directement ou indirectement, avec toute personne — victime, témoin ou autre — identifiée dans la promesse ou d’aller dans un lieu qui y est mentionné, si ce n’est en conformité avec les conditions qui y sont prévues;

d) remettre son passeport à l’agent de la paix ou à la personne nommé dans la promesse;

e) s’abstenir de posséder des armes à feu et remettre ses armes à feu et les autorisations, permis et certificats d’enregistrement dont il est titulaire ou tout autre document lui permettant d’acquérir ou de posséder des armes à feu;

f) se présenter, aux moments indiqués dans la promesse, à un agent de la paix ou à une autre personne désignés dans la promesse;

g) s’abstenir de consommer :

(i) de l’alcool ou d’autres substances intoxicantes,

(ii) des drogues, sauf sur ordonnance médicale;

h) observer telles autres conditions indiquées dans la promesse que l’agent de la paix ou le fonctionnaire responsable estime nécessaires pour assurer la sécurité des victimes ou des témoins de l’infraction.

Requête au juge de paix

(2.2) La personne qui a remis la promesse prévue au paragraphe (2.1) peut, avant sa comparution ou lors de celle-ci, demander au juge de paix de rendre l’ordonnance visée au paragraphe 515(1) pour qu’elle soit substituée à sa promesse. Le cas échéant, l’article 515 s’applique à l’égard de cette personne avec les adaptations nécessaires.

Requête au juge de paix

(2.3) Dans le cas d’une personne qui a remis la promesse prévue au paragraphe (2.1), le poursuivant peut, lors de la comparution ou avant celle-ci et à la condition, dans ce dernier cas, d’avoir remis un préavis de 3 jours à cette personne, demander au juge de paix de rendre l’ordonnance visée au paragraphe 515(2) pour qu’elle soit substituée à la promesse. Le cas échéant, l’article 515 s’applique à l’égard de cette personne avec les adaptations nécessaires.

Mise sous garde pour renvoi à la province où l’infraction est présumée avoir été commise

(3) Lorsqu’une personne a été arrêtée sans mandat en raison d’un acte criminel présumé avoir été commis, au Canada, à l’extérieur de la circonscription territoriale où elle a été arrêtée, elle est conduite, dans le délai prescrit aux alinéas (1)a) ou b), devant un juge de paix ayant compétence à l’endroit où elle a été arrêtée, à moins que, lorsque l’infraction est présumée avoir été commise dans la province où elle a été arrêtée, elle n’ait été conduite devant un juge de paix compétent à l’égard de l’infraction, et le juge de paix ayant compétence à l’endroit où elle a été arrêtée :

a) s’il n’est pas convaincu qu’il y a des motifs raisonnables de croire que la personne arrêtée est la personne présumée avoir commis l’infraction, la met en liberté;

b) s’il est convaincu qu’il y a des motifs raisonnables de croire que la personne arrêtée est la personne présumée avoir commis l’infraction, peut :

(i) soit la renvoyer à la garde d’un agent de la paix en attendant l’exécution d’un mandat pour son arrestation en conformité avec l’article 528, mais si aucun mandat d’arrestation n’est ainsi exécuté dans les six jours qui suivent le moment où elle a été renvoyée à cette garde, la personne qui en a alors la garde la met en liberté,

(ii) soit, dans le cas où l’infraction est présumée avoir été commise dans la province où elle a été arrêtée, ordonner qu’elle soit conduite devant le juge de paix compétent à l’égard de l’infraction.

Mise en liberté provisoire

(3.1) Nonobstant l’alinéa (3)b), un juge de paix peut, avec le consentement du poursuivant, ordonner qu’une personne mentionnée au paragraphe (3) soit, en attendant l’exécution d’un mandat pour son arrestation :

a) soit mise en liberté sans conditions;

b) soit mise en liberté sous réserve des conditions qui suivent auxquelles le poursuivant consent :

(i) ou bien donner une promesse, notamment la promesse de se présenter à une date précise devant le tribunal compétent pour entendre l’accusation de l’acte criminel qui lui est reproché,

(ii) ou bien prendre un engagement visé à l’un des alinéas 515(2)a) à e),

et aux conditions visées au paragraphe 515(4) que le juge de paix considère appropriées et auxquelles le poursuivant consent.

Mise en liberté d’une personne qui était sur le point de commettre un acte criminel

(4) Un agent de la paix ou fonctionnaire responsable ayant la garde d’une personne qui a été arrêtée sans mandat en tant que personne sur le point de commettre un acte criminel la met en liberté inconditionnellement, dès que cela est matériellement possible, à compter du moment où il est convaincu que la continuation de la détention de cette personne sous garde n’est plus nécessaire pour empêcher qu’elle commette un acte criminel.

Conséquences du fait de ne pas mettre une personne en liberté

(5) Nonobstant le paragraphe (4), un agent de la paix ou fonctionnaire responsable ayant la garde d’une personne mentionnée à ce paragraphe qui ne la met pas en liberté avant l’expiration du délai prescrit, à l’alinéa (1)a) ou b), pour la conduire devant le juge de paix, est censé agir légalement et dans l’exercice de ses fonctions aux fins :

a) de toutes procédures engagées en vertu de la présente loi ou de toute autre loi fédérale;

b) de toutes autres procédures, à moins qu’il n’y soit allégué et établi par la personne qui fait cette allégation que l’agent de la paix ou fonctionnaire responsable ne s’est pas conformé aux exigences du paragraphe (4).

L.R. (1985), ch. C-46, art. 503; L.R. (1985), ch. 27 (1er suppl.), art. 77; 1994, ch. 44, art. 42; 1997, ch. 18, art. 55; 1998, ch. 7, art. 3; 1999, ch. 25, art. 7(préambule).

Dénonciation, sommation et mandat Cas où un juge de paix peut recevoir une dénonciation

504. Quiconque croit, pour des motifs raisonnables, qu’une personne a commis un acte criminel peut faire une dénonciation par écrit et sous serment devant un juge de paix, et celui-ci doit recevoir la dénonciation, s’il est allégué, selon le cas :

a) que la personne a commis, en quelque lieu que ce soit, un acte criminel qui peut être jugé dans la province où réside le juge de paix et que la personne :

(i) ou bien se trouve ou est présumée se trouver,

(ii) ou bien réside ou est présumée résider,

dans le ressort du juge de paix;

b) que la personne, en quelque lieu qu’elle puisse être, a commis un acte criminel dans le ressort du juge de paix;

c) que la personne a illégalement reçu, en quelque lieu que ce soit, des biens qui ont été illégalement obtenus dans le ressort du juge de paix;

d) que la personne a en sa possession, dans le ressort du juge de paix, des biens volés.

S.R., ch. C-34, art. 455; S.R., ch. 2(2e suppl.), art. 5.

Délai dans lequel la dénonciation doit être faite dans certains cas

505. Quand :

a) ou bien une citation à comparaître a été délivrée à un prévenu en vertu de l’article 496;

b) ou bien un prévenu a été mis en liberté en vertu de l’article 497 ou 498,

une dénonciation relative à l’infraction que le prévenu est présumé avoir commise, ou relative à une infraction incluse ou autre qu’il est présumé avoir commise, doit être faite devant un juge de paix dès que cela est matériellement possible par la suite et, dans tous les cas, avant le moment indiqué dans la citation à comparaître délivrée au prévenu, la

promesse de comparaître remise par lui ou l’engagement contracté par lui, pour sa présence au tribunal.

S.R., ch. 2(2e suppl.), art. 5.

Formule

506. Une dénonciation faite sous le régime de l’article 504 ou 505 peut être rédigée selon la formule 2.

S.R., ch. 2(2e suppl.), art. 5.

Le juge de paix entend le dénonciateur et les témoins — poursuites par le procureur général

507. (1) Sous réserve du paragraphe 523(1.1), le juge de paix qui reçoit une dénonciation faite en vertu de l’article 504 par un agent de la paix, un fonctionnaire public ou le procureur général ou son représentant, autre qu’une dénonciation faite devant lui en application de l’article 505, doit, sauf lorsqu’un accusé a déjà été arrêté avec ou sans mandat :

a) entendre et examiner, ex parte :

(i) les allégations du dénonciateur,

(ii) les dépositions des témoins, s’il l’estime utile;

b) lorsqu’il estime qu’on a démontré qu’il est justifié de le faire, décerner, conformément au présent article, une sommation ou un mandat d’arrestation pour obliger l’accusé à comparaître devant lui ou un autre juge de la même circonscription territoriale pour répondre à l’inculpation.

Mandat obligatoire

(2) Aucun juge de paix ne peut refuser de décerner une sommation ou un mandat pour le seul motif que l’infraction présumée en est une pour laquelle une personne peut être arrêtée sans mandat.

Procédure lorsque des témoins comparaissent

(3) Un juge de paix qui entend les dépositions d’un témoin en application du paragraphe (1) :

a) recueille les dépositions sous serment;

b) fait recueillir les dépositions en conformité avec l’article 540, dans la mesure où cet article est susceptible d’application.

Une sommation est décernée sauf dans certains cas

(4) Lorsque le juge de paix estime qu’on a démontré qu’il est justifié de contraindre le prévenu à être présent devant lui pour répondre à une inculpation d’infraction, il décerne une sommation contre le prévenu, à moins que les allégations du dénonciateur ou les dépositions d’un ou des témoins recueillies en conformité avec le paragraphe (3) ne révèlent des motifs raisonnables de croire qu’il est nécessaire, dans l’intérêt public, de décerner un mandat pour l’arrestation du prévenu.

Aucun mandat en blanc

(5) Un juge de paix ne peut signer une sommation ou un mandat en blanc.

Visa du mandat par le juge de paix

(6) Le juge de paix qui décerne un mandat en vertu du présent article ou de l’article 508 ou 512 peut, sauf si l’infraction est une de celles visées à l’article 522, autoriser la mise en liberté du prévenu en application de l’article 499 en inscrivant sur le mandat un visa selon la formule 29.

La promesse de comparaître ou l’engagement sont réputés avoir été confirmés

(7) Lorsque, en application du paragraphe (6), un juge de paix autorise la mise en liberté d’un prévenu en application de l’article 499, une promesse de comparaître remise par le prévenu ou un engagement contracté par celui-ci en application de cet article est réputé, pour l’application du paragraphe 145(5), avoir été confirmé par un juge de paix en vertu de l’article 508.

Délivrance d’une sommation ou d’un mandat

(8) Lorsque, lors d’un appel ou de la révision d’une décision ou d’une question de compétence, un nouveau procès, une nouvelle audition, la poursuite ou la reprise d’un procès ou d’une audition est ordonnée, un juge de paix peut décerner une sommation ou un mandat pour l’arrestation du prévenu pour le contraindre à être présent au nouveau procès, à la nouvelle audition, à la poursuite ou à la reprise du procès ou de l’audition.

L.R. (1985), ch. C-46, art. 507; L.R. (1985), ch. 27 (1er suppl.), art. 78; 1994, ch. 44, art. 43; 2002, ch. 13, art. 21.

Renvoi en cas de poursuites privées

507.1 (1) Le juge de paix qui reçoit une dénonciation faite en vertu de l’article 504, autre que celle visée au paragraphe 507(1), la renvoie devant un juge de la cour provinciale ou,

au Québec, devant un juge de la Cour du Québec, ou devant un juge de paix désigné, afin qu’il soit décidé si l’accusé devra comparaître à cet égard.

Sommation ou mandat d’arrestation

(2) Lorsqu’il estime qu’on a démontré qu’il est justifié de le faire, le juge ou le juge de paix désigné à qui une dénonciation est renvoyée en vertu du paragraphe (1) décerne une sommation ou un mandat d’arrestation pour obliger l’accusé à comparaître devant un juge de paix pour répondre à l’inculpation.

Conditions

(3) Le juge ou le juge de paix désigné ne peut décerner une sommation ou un mandat d’arrestation que si les conditions suivantes sont remplies :

a) il a entendu et examiné les allégations du dénonciateur et les dépositions des témoins;

b) il est convaincu que le procureur général a reçu copie de la dénonciation;

c) il est convaincu que le procureur général a été avisé, en temps utile, de la tenue de l’audience au titre de l’alinéa a);

d) le procureur général a eu la possibilité d’assister à l’audience, de procéder à des contre-interrogatoires, d’appeler des témoins et de présenter tout élément de preuve pertinent.

Droit du procureur général

(4) Le procureur général peut assister à l’audience sans être réputé intervenir dans la procédure.

Présomption

(5) S’il ne décerne pas de sommation ou de mandat au titre du paragraphe (2), le juge ou le juge de paix désigné vise la dénonciation et y appose une mention à cet effet. À moins que le dénonciateur n’intente, dans les six mois suivant l’apposition du visa, un recours en vue de contraindre le juge ou le juge de paix désigné à décerner une sommation ou un mandat, la dénonciation est réputée ne pas avoir été faite.

Présomption

(6) Si des procédures sont intentées au titre du paragraphe (5) et qu’un mandat ou une sommation n’est pas décerné, la dénonciation est réputée ne pas avoir été faite.

Nouvelle audience

(7) S’il y a refus de décerner une sommation ou un mandat à la suite d’une audience tenue au titre de l’alinéa (3)a), il ne peut être tenu d’audience relativement à la même infraction ou une infraction incluse que si de nouveaux éléments de preuve appuient la dénonciation en cause.

Application des paragraphes 507(2) à (8)

(8) Les paragraphes 507(2) à (8) s’appliquent aux procédures visées au présent article.

Non-application — dénonciations au titre des articles 810 et 810.1

(9) Les paragraphes (1) à (8) ne s’appliquent pas à la dénonciation déposée au titre des articles 810 ou 810.1.

Juge de paix désigné

(10) Au présent article, « juge de paix désigné » s’entend d’un juge de paix désigné par le juge en chef de la cour provinciale qui a compétence et, au Québec, d’un juge de paix désigné par le juge en chef de la Cour du Québec.

Définition de « procureur général »

(11) Pour l’application du présent article, « procureur général » vise notamment le procureur général du Canada ou son substitut légitime lorsque la poursuite pourrait avoir été engagée à la demande du gouvernement du Canada et menée par ce dernier ou en son nom.

2002, ch. 13, art. 22; 2008, ch. 18, art. 16.

Version précédente

Le juge de paix entend le dénonciateur et les témoins

508. (1) Un juge de paix qui reçoit une dénonciation faite devant lui en vertu de l’article 505 doit :

a) entendre et examiner, ex parte :

(i) les allégations du dénonciateur,

(ii) les dépositions des témoins, s’il l’estime utile;

b) lorsqu’il estime qu’on a démontré qu’il est justifié de le faire, que la dénonciation ait trait à l’infraction alléguée dans la citation à comparaître, la promesse de comparaître ou l’engagement ou à une infraction incluse ou autre :

(i) soit confirmer la citation à comparaître, la promesse de comparaître ou l’engagement, selon le cas, et inscrire sur la dénonciation une mention à cet effet,

(ii) soit annuler la citation à comparaître, la promesse de comparaître ou l’engagement, selon le cas, et décerner, conformément à l’article 507, une sommation ou un mandat d’arrestation pour obliger l’accusé à comparaître devant lui ou un autre juge de la même circonscription territoriale pour répondre à l’inculpation, et inscrire sur la sommation ou le mandat que la citation à comparaître, la promesse de comparaître ou l’engagement, selon le cas, a été annulé;

c) lorsqu’il estime qu’on n’a pas démontré que l’application de l’alinéa b) est justifiée, annuler la citation à comparaître, la promesse de comparaître ou l’engagement, selon le cas, et faire notifier immédiatement cette annulation au prévenu.

Procédure à suivre lorsque des témoins comparaissent

(2) Un juge de paix qui entend les dépositions d’un témoin en application du paragraphe (1) :

a) recueille les dépositions sous serment;

b) fait recueillir les dépositions en conformité avec l’article 540 dans la mesure où cet article est susceptible d’application.

L.R. (1985), ch. C-46, art. 508; L.R. (1985), ch. 27 (1er suppl.), art. 79.

Dénonciation par télécommunication

508.1 (1) Pour l’application des articles 504 à 508, un agent de la paix peut également faire une dénonciation à l’aide d’un moyen de télécommunication qui peut rendre la communication sous forme écrite.

Alternative au serment

(2) L’agent de la paix qui présente une dénonciation de la façon prévue au paragraphe (1) doit, au lieu de prêter serment, faire une déclaration par écrit selon laquelle il croit vrais, au meilleur de sa connaissance, les renseignements contenus dans la dénonciation. Sa déclaration est réputée être faite sous serment.

1997, ch. 18, art. 56.

Sommation

509. (1) Une sommation décernée en vertu de la présente partie :

a) est adressée au prévenu;

b) énonce brièvement l’infraction dont le prévenu est inculpé;

c) enjoint au prévenu d’être présent au tribunal aux temps et lieu y indiqués et d’être présent par la suite selon les exigences du tribunal afin qu’il soit traité selon la loi.

Signification aux particuliers

(2) Une sommation est signifiée par un agent de la paix, qui la remet personnellement à la personne à qui elle est adressée ou, si cette personne ne peut commodément être trouvée, la remet pour elle à sa dernière ou habituelle résidence, entre les mains d’une personne qui l’habite et qui paraît être âgée d’au moins seize ans.

(3) [Abrogé, 2008, ch. 18, art. 17]

Contenu de la sommation

(4) Le texte du paragraphe 145(4) et celui de l’article 510 doivent être reproduits dans une sommation.

Comparution aux fins de la Loi sur l’identification des criminels

(5) Une sommation peut enjoindre au prévenu de comparaître, pour l’application de la Loi sur l’identification des criminels, aux temps et lieu y indiqués lorsqu’il est allégué que le prévenu a commis un acte criminel et, dans le cas d’une infraction qualifiée de contravention en vertu de la Loi sur les contraventions, si le procureur général, au sens de cette loi, ne se prévaut pas du choix prévu à l’article 50 de la même loi.

L.R. (1985), ch. C-46, art. 509; L.R. (1985), ch. 27 (1er suppl.), art. 80; 1992, ch. 47, art. 71; 1996, ch. 7, art. 38; 2008, ch. 18, art. 17.

Version précédente

Omission de comparaître

510. Lorsqu’un prévenu à qui une sommation enjoint de comparaître aux temps et lieu y indiqués pour l’application de la Loi sur l’identification des criminels ne comparaît pas aux temps et lieu ainsi indiqués et, dans le cas d’une infraction qualifiée de contravention en vertu de la Loi sur les contraventions, si le procureur général, au sens de cette loi, ne se prévaut pas du choix prévu à l’article 50 de la même loi, le juge de paix peut décerner un mandat pour l’arrestation du prévenu pour l’infraction dont il est inculpé.

L.R. (1985), ch. C-46, art. 510; 1992, ch. 47, art. 72; 1996, ch. 7, art. 38.

Contenu du mandat d’arrestation

511. (1) Un mandat décerné en vertu de la présente partie :

a) nomme ou décrit le prévenu;

b) indique brièvement l’infraction dont le prévenu est inculpé;

c) ordonne que le prévenu soit immédiatement arrêté et amené devant le juge ou juge de paix qui a décerné le mandat ou devant un autre juge ou juge de paix ayant juridiction dans la même circonscription territoriale, pour y être traité selon la loi.

Aucun jour de rapport prescrit

(2) Un mandat décerné en vertu de la présente partie demeure en vigueur jusqu’à ce qu’il soit exécuté, et il n’est pas nécessaire d’en fixer le rapport à une date particulière.

Période déterminée

(3) Par dérogation à l’alinéa (1)c), le juge ou le juge de paix qui décerne le mandat peut y indiquer une période pendant laquelle l’exécution du mandat est suspendue pour permettre à l’accusé de comparaître volontairement devant un juge ou un juge de paix ayant compétence dans la circonscription territoriale où le mandat a été décerné.

Comparution volontaire du prévenu

(4) Si le prévenu visé par le mandat comparaît volontairement, le mandat est réputé avoir été exécuté.

L.R. (1985), ch. C-46, art. 511; L.R. (1985), ch. 27 (1er suppl.), art. 81; 1997, ch. 18, art. 57.

Certaines mesures n’empêchent pas de décerner un mandat

512. (1) Un juge de paix peut, lorsqu’il a des motifs raisonnables de croire qu’il est nécessaire d’agir de la sorte dans l’intérêt du public, décerner une sommation ou un mandat pour l’arrestation du prévenu même dans les cas suivants :

a) une citation à comparaître, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix ont été confirmés ou annulés en vertu du paragraphe 508(1);

b) une sommation a antérieurement été décernée en vertu du paragraphe 507(4);

c) le prévenu a été mis en liberté inconditionnellement ou avec l’intention de l’obliger à comparaître par voie de sommation.

Mandat à défaut de comparution

(2) Un juge de paix peut décerner un mandat pour l’arrestation du prévenu dans l’un ou l’autre des cas suivants :

a) la signification d’une sommation est prouvée et le prévenu omet d’être présent au tribunal en conformité avec la sommation;

b) une citation à comparaître, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix ont été confirmés en vertu du paragraphe 508(1), et le prévenu omet d’être présent au tribunal en conformité avec la citation, la promesse ou l’engagement pour être traité selon la loi;

c) il paraît qu’une sommation ne peut être signifiée parce que le prévenu se soustrait à la signification.

L.R. (1985), ch. C-46, art. 512; L.R. (1985), ch. 27 (1er suppl.), art. 82; 1997, ch. 18, art. 58.

Formalités relatives au mandat

513. Un mandat en conformité avec la présente partie est adressé aux agents de la paix dans le ressort du juge de paix, du juge ou du tribunal qui le décerne.

S.R., ch. 2(2e suppl.), art. 5.

Exécution du mandat

514. (1) Un mandat en conformité avec la présente partie peut être exécuté par l’arrestation du prévenu :

a) en quelque lieu qu’il se trouve dans le ressort du juge de paix, du juge ou du tribunal qui a décerné le mandat;

b) en quelque lieu qu’il se trouve au Canada, dans le cas d’une poursuite immédiate.

Qui peut exécuter le mandat

(2) Un mandat en conformité avec la présente partie peut être exécuté par une personne qui est l’un des agents de la paix auxquels il est adressé, que le lieu où le mandat doit être exécuté soit ou non dans le territoire pour lequel cette personne est agent de la paix.

S.R., ch. 2(2e suppl.), art. 5.

Mise en liberté provisoire par voie judiciaire Mise en liberté sur remise d’une promesse

515. (1) Sous réserve des autres dispositions du présent article, lorsqu’un prévenu inculpé d’une infraction autre qu’une infraction mentionnée à l’article 469 est conduit devant un juge de paix, celui-ci doit, sauf si un plaidoyer de culpabilité du prévenu est accepté, ordonner que le prévenu soit mis en liberté à l’égard de cette infraction, pourvu qu’il remette une promesse sans condition, à moins que le poursuivant, ayant eu la possibilité de le faire, ne fasse valoir à l’égard de cette infraction des motifs justifiant la détention du prévenu sous garde ou des motifs justifiant de rendre une ordonnance aux termes de toute autre disposition du présent article et lorsque le juge de paix rend une ordonnance en vertu d’une autre disposition du présent article, l’ordonnance ne peut se rapporter qu’à l’infraction au sujet de laquelle le prévenu a été conduit devant le juge de paix.

Mise en liberté sur remise d’une promesse assortie de conditions, etc.

(2) Lorsque le juge de paix ne rend pas une ordonnance en vertu du paragraphe (1), il ordonne, à moins que le poursuivant ne fasse valoir des motifs justifiant la détention du prévenu sous garde, que le prévenu soit mis en liberté pourvu que, selon le cas :

a) il remette une promesse assortie des conditions que le juge de paix fixe;

b) il contracte sans caution, devant le juge de paix, un engagement au montant et sous les conditions fixés par celui-ci, mais sans dépôt d’argent ni d’autre valeur;

c) il contracte avec caution, devant le juge de paix, un engagement au montant et sous les conditions fixés par celui-ci, mais sans dépôt d’argent ni d’autre valeur;

d) avec le consentement du poursuivant, il contracte sans caution, devant le juge de paix, un engagement au montant et sous les conditions fixés par celui-ci et dépose la somme d’argent ou les valeurs que ce dernier prescrit;

e) si le prévenu ne réside pas ordinairement dans la province où il est sous garde ou dans un rayon de deux cents kilomètres du lieu où il est sous garde, il contracte, avec ou sans caution, devant le juge de paix un engagement au montant et sous les conditions fixés par celui-ci et dépose la somme d’argent ou les valeurs que ce dernier prescrit.

Le juge de paix a le pouvoir de nommer des cautions dans l’ordonnance

(2.1) Lorsque, en conformité avec le paragraphe (2) ou toute autre disposition de la présente loi, un juge de paix, un juge ou un tribunal ordonne qu’un prévenu soit libéré pourvu qu’il contracte un engagement avec cautions, le juge de paix, le juge ou le tribunal peut, dans l’ordonnance, nommer certaines personnes à titre de cautions.

Comparution par télécommunication

(2.2) Le prévenu tenu par la présente loi de comparaître en vue de la mise en liberté provisoire le fait en personne ou par le moyen de télécommunication, y compris le

téléphone, que le juge de paix estime satisfaisant et, sous réserve du paragraphe (2.3), autorise.

Consentements

(2.3) Le consentement du poursuivant et de l’accusé est nécessaire si des témoignages doivent être rendus lors de la comparution et s’il est impossible à l’accusé de comparaître par télévision en circuit fermé ou par tout autre moyen permettant au tribunal et à l’accusé de se voir et de communiquer simultanément.

Idem

(3) Le juge de paix ne peut rendre d’ordonnance aux termes de l’un des alinéas (2)b) à e), à moins que le poursuivant ne fasse valoir des motifs justifiant de ne pas rendre une ordonnance aux termes de l’alinéa précédant immédiatement.

Conditions autorisées

(4) Le juge de paix peut ordonner, comme conditions aux termes du paragraphe (2), que le prévenu fasse celle ou celles des choses suivantes que spécifie l’ordonnance :

a) se présenter, aux moments indiqués dans l’ordonnance, à un agent de la paix ou à une autre personne désignés dans l’ordonnance;

b) rester dans la juridiction territoriale spécifiée dans l’ordonnance;

c) notifier à l’agent de la paix ou autre personne désignés en vertu de l’alinéa a) tout changement d’adresse, d’emploi ou d’occupation;

d) s’abstenir de communiquer, directement ou indirectement, avec toute personne — victime, témoin ou autre — identifiée dans l’ordonnance ou d’aller dans un lieu qui y est mentionné, si ce n’est en conformité avec les conditions qui y sont prévues et qu’il estime nécessaires;

e) lorsque le prévenu est détenteur d’un passeport, déposer son passeport ainsi que le spécifie l’ordonnance;

e.1) observer telles autres conditions indiquées dans l’ordonnance que le juge de paix estime nécessaires pour assurer la sécurité des victimes ou des témoins de l’infraction;

f) observer telles autres conditions raisonnables, spécifiées dans l’ordonnance, que le juge de paix estime opportunes.

Condition additionnelle

(4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, d’une infraction de terrorisme, de l’infraction visée à l’article 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(3) ou (4), 6(3) ou 7(2) de la Loi réglementant certaines drogues et autres substances, d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, d’une infraction visée au paragraphe 20(1) de la Loi sur la protection de l’information, ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée au paragraphe 20(1) de cette loi, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux-ci.

Remise

(4.11) Le cas échéant, le juge de paix mentionne dans l’ordonnance la façon de remettre, de détenir ou d’entreposer les objets visés au paragraphe (4.1) qui sont en la possession du prévenu, ou d’en disposer, et de remettre les autorisations, permis et certificats d’enregistrement dont celui-ci est titulaire.

Motifs

(4.12) Le juge de paix qui n’assortit pas l’ordonnance rendue en application du paragraphe (2) de la condition prévue au paragraphe (4.1) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Opportunité d’assortir l’ordonnance d’une condition additionnelle

(4.2) Le juge de paix qui rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction mentionnée au paragraphe (4.3) doit considérer s’il est souhaitable pour la sécurité de toute personne, en particulier celle des victimes, des témoins et des personnes associées au système judiciaire, d’imposer au prévenu, dans l’ordonnance, tout ou partie des obligations suivantes :

a) s’abstenir de communiquer, directement ou indirectement, avec toute personne — victime, témoin ou autre — qui y est identifiée ou d’aller dans un lieu qui y est mentionné;

b) observer telles autres conditions que le juge de paix estime nécessaires pour assurer la sécurité de ces personnes.

Infractions

(4.3) Les infractions visées par le paragraphe (4.2) sont les suivantes :

a) infraction de terrorisme;

b) infraction visée aux articles 264 ou 423.1;

c) infraction perpétrée avec usage, tentative ou menace de violence;

d) infraction visée au paragraphe 20(1) de la Loi sur la protection de l’information ou infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée au paragraphe 20(1) de cette loi.

Détention

(5) Lorsque le poursuivant fait valoir des motifs justifiant la détention du prévenu sous garde, le juge de paix ordonne que le prévenu soit détenu sous garde jusqu’à ce qu’il soit traité selon la loi et porte au dossier les motifs de sa décision.

Ordonnance de détention

(6) Malgré toute autre disposition du présent article, le juge de paix ordonne la détention sous garde du prévenu jusqu’à ce qu’il soit traité selon la loi — à moins que celui-ci, ayant eu la possibilité de le faire, ne fasse valoir l’absence de fondement de la mesure — dans le cas où il est inculpé :

a) soit d’un acte criminel autre qu’une infraction mentionnée à l’article 469 :

(i) ou bien qui est présumé avoir été commis alors qu’il était en liberté après avoir été libéré à l’égard d’un autre acte criminel en vertu des dispositions de la présente partie ou des articles 679 ou 680,

(ii) ou bien qui est prévu aux articles 467.11, 467.12 ou 467.13 ou qui est une infraction grave présumée avoir été commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle,

(iii) ou bien qui est une infraction prévue à l’un des articles 83.02 à 83.04 et 83.18 à 83.23 ou une infraction de terrorisme présumée avoir été commise,

(iv) ou bien qui est une infraction prévue aux paragraphes 16(1) ou (2), 17(1), 19(1), 20(1) ou 22(1) de la Loi sur la protection de l’information,

(v) ou bien qui est une infraction prévue aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction mentionnée au sous-alinéa (iv),

(vi) ou bien qui est prévu aux articles 99, 100 ou 103,

(vii) ou bien qui est prévu aux articles 244 ou 244.2 ou, s’il est présumé qu’une arme à feu a été utilisée lors de la perpétration de l’infraction, aux articles 239, 272 ou 273, au paragraphe 279(1) ou aux articles 279.1, 344 ou 346,

(viii) ou bien qui est présumé avoir mis en jeu une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives et avoir été commis alors qu’il était visé par une ordonnance d’interdiction au sens du paragraphe 84(1);

b) soit d’un acte criminel autre qu’une infraction mentionnée à l’article 469 et qui ne réside pas habituellement au Canada;

c) soit d’une infraction visée à l’un des paragraphes 145(2) à (5) et présumée avoir été commise alors qu’il était en liberté après qu’il a été libéré relativement à une autre infraction en vertu des dispositions de la présente partie ou des articles 679, 680 ou 816;

d) soit d’une infraction — passible de l’emprisonnement à perpétuité — aux paragraphes 5(3), 6(3) ou 7(2) de la Loi réglementant certaines drogues et autres substances ou d’avoir comploté en vue de commettre une telle infraction.

Motifs

(6.1) S’il ordonne la mise en liberté du prévenu visé au paragraphe (6), le juge de paix porte au dossier les motifs de sa décision.

Ordonnance de mise en liberté

(7) Le juge de paix ordonne la mise en liberté du prévenu visé aux alinéas (6)a), c) ou d), qui fait valoir l’absence de fondement de sa détention sous garde, sur remise de la promesse ou de l’engagement visés à l’un des alinéas (2)a) à e) et assortis des conditions visées aux paragraphes (4) à (4.2) qu’il estime souhaitables notamment, lorsque le prévenu était déjà en liberté sur remise de tels promesse ou engagement, les conditions supplémentaires visées aux paragraphes (4) à (4.2), à moins que celui-ci, ayant eu la possibilité de le faire, ne fasse valoir des motifs excluant l’application des conditions.

Idem

(8) Le juge de paix ordonne la mise en liberté du prévenu visé à l’alinéa (6)b), qui fait valoir l’absence de fondement de sa détention, sur remise de la promesse ou de l’engagement visés à l’un des alinéas (2)a) à e) et assortis des conditions visées aux paragraphes (4) à (4.2) qu’il estime souhaitables.

Exposé suffisant

(9) Pour l’application des paragraphes (5) et (6), il est suffisant de consigner les raisons en conformité avec les dispositions de la partie XVIII ayant trait à la manière de recueillir les témoignages lors des enquêtes préliminaires.

Motifs écrits

(9.1) Malgré le paragraphe (9), si le juge de paix ordonne la détention sous garde du prévenu en se fondant principalement sur toute condamnation antérieure, il est tenu d’inscrire ce motif au dossier de l’instance.

Motifs justifiant la détention

(10) Pour l’application du présent article, la détention d’un prévenu sous garde n’est justifiée que dans l’un des cas suivants :

a) sa détention est nécessaire pour assurer sa présence au tribunal afin qu’il soit traité selon la loi;

b) sa détention est nécessaire pour la protection ou la sécurité du public, notamment celle des victimes et des témoins de l’infraction ou celle des personnes âgées de moins de dix­ huit ans, eu égard aux circonstances, y compris toute probabilité marquée que le prévenu, s’il est mis en liberté, commettra une infraction criminelle ou nuira à l’administration de la justice;

c) sa détention est nécessaire pour ne pas miner la confiance du public envers l’administration de la justice, compte tenu de toutes les circonstances, notamment les suivantes :

(i) le fait que l’accusation paraît fondée,

(ii) la gravité de l’infraction,

(iii) les circonstances entourant sa perpétration, y compris l’usage d’une arme à feu,

(iv) le fait que le prévenu encourt, en cas de condamnation, une longue peine d’emprisonnement ou, s’agissant d’une infraction mettant en jeu une arme à feu, une peine minimale d’emprisonnement d’au moins trois ans.

Détention pour infraction mentionnée à l’article 469

(11) Le juge de paix devant lequel est conduit un prévenu inculpé d’une infraction mentionnée à l’article 469 doit ordonner qu’il soit détenu sous garde jusqu’à ce qu’il soit traité selon la loi et décerner à son sujet un mandat rédigé selon la formule 8.

Ordonnance de s’abstenir de communiquer

(12) Le juge de paix qui ordonne la détention du prévenu sous garde en vertu du présent article peut lui ordonner, en outre, de s’abstenir de communiquer, directement ou indirectement, avec toute personne — victime, témoin ou autre — identifiée dans l’ordonnance si ce n’est en conformité avec les conditions qui y sont prévues et qu’il estime nécessaires.

L.R. (1985), ch. C-46, art. 515; L.R. (1985), ch. 27 (1er suppl.), art. 83 et 186; 1991, ch. 40, art. 31; 1993, ch. 45, art. 8; 1994, ch. 44, art. 44; 1995, ch. 39, art. 153; 1996, ch. 19, art. 71 et 93.3; 1997, ch. 18, art. 59, ch. 23, art. 16; 1999, ch. 5, art. 21, ch. 25, art. 8(préambule); 2001, ch. 32, art. 37, ch. 41, art. 19 et 133; 2008, ch. 6, art. 37; 2009, ch. 22, art. 17, ch. 29, art. 2; 2010, ch. 20, art. 1.

Version précédente

Modification de l’engagement ou de la promesse

515.1 L’engagement ou la promesse en vertu de laquelle l’accusé a été libéré sous le régime des articles 499, 503 ou 515 peut, si le poursuivant y consent par écrit, être modifié, l’engagement ou la promesse modifié étant alors assimilé à une promesse ou à un engagement contracté sous le régime de l’article 515.

1997, ch. 18, art. 60.

Renvoi sous garde

516. (1) Un juge de paix peut, avant le début de procédures engagées en vertu de l’article 515 ou à tout moment au cours de celles-ci, sur demande du poursuivant ou du prévenu, ajourner les procédures et renvoyer le prévenu à la détention dans une prison, par mandat selon la formule 19, mais un tel ajournement ne peut jamais être de plus de trois jours francs sauf avec le consentement du prévenu.

Renvoi sur le cautionnement

(2) S’il renvoie le prévenu à la détention au titre des paragraphes (1) ou 515(11), le juge de paix peut lui ordonner de s’abstenir de communiquer directement ou indirectement avec toute personne — victime, témoin ou autre — identifiée dans l’ordonnance si ce n’est en conformité avec les conditions qui y sont prévues et qu’il estime nécessaires.

L.R. (1985), ch. C-46, art. 516; 1999, ch. 5, art. 22, ch. 25, art. 31(préambule).

Ordonnance de non-publication

517. (1) Si le poursuivant ou le prévenu déclare son intention de faire valoir des motifs justificatifs aux termes de l’article 515 au juge de paix, celui-ci peut et doit, sur demande du prévenu, avant le début des procédures engagées en vertu de cet article ou à tout moment au cours de celles-ci, rendre une ordonnance enjoignant que la preuve recueillie,

les renseignements fournis ou les observations faites et, le cas échéant, les raisons données ou devant être données par le juge de paix, ne soient ni publiés ni diffusés de quelque façon que ce soit :

a) si une enquête préliminaire est tenue, tant que le prévenu auquel se rapportent les procédures n’aura pas été libéré;

b) si le prévenu auquel se rapportent les procédures subit son procès ou est renvoyé pour subir son procès, tant que le procès n’aura pas pris fin.

Omission de se conformer

(2) Quiconque, sans excuse légitime, dont la preuve lui incombe, omet de se conformer à une ordonnance rendue en vertu du paragraphe (1) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

(3) [Abrogé, 2005, ch. 32, art. 17]

L.R. (1985), ch. C-46, art. 517; L.R. (1985), ch. 27 (1er suppl.), art. 101(A); 2005, ch. 32, art. 17.

Version précédente

Enquêtes devant être faites par le juge de paix et preuve

518. (1) Dans toutes procédures engagées en vertu de l’article 515 :

a) le juge de paix peut, sous réserve de l’alinéa b), faire, auprès du prévenu ou à son sujet, sous serment ou autrement, les enquêtes qu’il estime opportunes;

b) le prévenu ne peut être interrogé par le juge de paix ni par aucune autre personne, sauf son avocat, quant à l’infraction dont il est inculpé; aucune question ne peut lui être posée en contre-interrogatoire relativement à cette infraction à moins qu’il ait déjà témoigné à ce sujet;

c) le poursuivant peut, en sus de toute autre preuve pertinente, présenter une preuve en vue :

(i) soit d’établir que le prévenu a antérieurement été déclaré coupable d’une infraction criminelle,

(ii) soit d’établir que le prévenu a été inculpé d’une autre infraction criminelle et attend son procès à cet égard,

(iii) soit d’établir que le prévenu a antérieurement commis une infraction aux termes de l’article 145,

(iv) soit d’exposer les circonstances de l’infraction présumée, particulièrement en ce qu’elles ont trait à la probabilité de la condamnation du prévenu;

d) le juge de paix peut prendre en considération toutes questions pertinentes sur lesquelles se sont entendus le poursuivant et le prévenu ou son avocat;

d.1) le juge de paix peut admettre en preuve par écrit, de vive voix, ou sous forme d’enregistrement, une communication privée qui a été interceptée au sens de la partie VI, le paragraphe 189(5) ne s’appliquant pas au présent article;

d.2) le juge de paix prend en considération toute preuve relative au besoin d’assurer la sécurité des victimes ou des témoins de l’infraction qui lui est présentée;

e) le juge de paix peut recevoir toute preuve qu’il considère plausible ou digne de foi dans les circonstances de l’espèce et fonder sa décision sur cette preuve.

Mise en liberté en attendant la peine

(2) Lorsque, avant le début des procédures engagées en vertu de l’article 515 ou à tout moment au cours de celles-ci, le prévenu plaide coupable et que son plaidoyer est accepté, le juge de paix peut rendre toute ordonnance prévue dans la présente partie pour sa mise en liberté jusqu’à ce que sa peine soit prononcée.

L.R. (1985), ch. C-46, art. 518; L.R. (1985), ch. 27 (1er suppl.), art. 84 et 185(F); 1994, ch. 44, art. 45; 1999, ch. 25, art. 9(préambule).

Mise en liberté du prévenu

519. (1) Lorsqu’un juge de paix rend une ordonnance en vertu des paragraphes 515(1), (2), (7) ou (8) :

a) si le prévenu se conforme à l’ordonnance, le juge de paix ordonne qu’il soit mis en liberté :

(i) soit immédiatement, si sa détention sous garde n’est pas requise pour une autre affaire,

(ii) soit aussitôt que sa détention sous garde n’est plus requise pour une autre affaire;

b) si le prévenu ne se conforme pas à l’ordonnance, le juge de paix qui a rendu l’ordonnance ou un autre juge de paix ayant juridiction décerne un mandat de dépôt pour l’incarcération du prévenu et peut y inscrire une autorisation permettant à la personne ayant la garde du prévenu de le mettre en liberté :

(i) soit immédiatement après qu’il se sera conformé à l’ordonnance, si sa détention sous garde n’est pas requise pour une autre affaire,

(ii) soit aussitôt qu’il se sera conformé à l’ordonnance et que sa détention sous garde ne sera plus requise pour une autre affaire;

et si le juge de paix inscrit sur le mandat l’autorisation visée au présent alinéa, il doit y joindre une copie de l’ordonnance.

Libération

(2) Lorsque le prévenu se conforme à une ordonnance mentionnée à l’alinéa (1)b) et que sa détention sous garde n’est pas requise pour une autre affaire, le juge de paix qui a rendu l’ordonnance ou un autre juge de paix ayant juridiction rend, sauf si le prévenu a été ou sera mis en liberté en application d’une autorisation mentionnée dans cet alinéa, une ordonnance de libération selon la formule 39.

Mandat de dépôt

(3) Le juge de paix qui, en vertu des paragraphes 515(5) ou (6), rend une ordonnance de détention à l’égard d’un prévenu, doit délivrer contre lui un mandat de dépôt.

L.R. (1985), ch. C-46, art. 519; L.R. (1985), ch. 27 (1er suppl.), art. 85.

Révision de l’ordonnance du juge

520. (1) Le prévenu peut, en tout temps avant son procès sur l’inculpation, demander à un juge de réviser l’ordonnance rendue par un juge de paix ou un juge de la Cour de justice du Nunavut conformément aux paragraphes 515(2), (5), (6), (7), (8) ou (12), ou rendue ou annulée en vertu de l’alinéa 523(2)b).

Avis au poursuivant

(2) Une demande en vertu du présent article ne peut, sauf si le poursuivant y consent, être entendue par un juge, à moins que le prévenu n’ait donné par écrit au poursuivant un préavis de la demande de deux jours francs au moins.

Le prévenu doit être présent

(3) Si le juge l’ordonne ou si le poursuivant, le prévenu ou son avocat le demande, le prévenu doit être présent à l’audition d’une demande en vertu du présent article et, lorsque le prévenu est sous garde, le juge peut ordonner, par écrit, à la personne ayant la garde du prévenu, de l’amener devant le tribunal.

Ajournement des procédures

(4) Un juge peut, avant le début de l’audition d’une demande en vertu du présent article ou à tout moment au cours de cette audition, ajourner les procédures sur demande du

poursuivant ou du prévenu, mais si le prévenu est sous garde, un tel ajournement ne peut jamais être de plus de trois jours francs sauf avec le consentement du prévenu.

Absence du prévenu à l’audition

(5) Lorsqu’un prévenu, autre qu’un prévenu qui est sous garde, a reçu d’un juge l’ordre d’être présent à l’audition d’une demande en vertu du présent article et n’est pas présent à l’audition, le juge peut décerner un mandat pour l’arrestation du prévenu.

Exécution

(6) Un mandat décerné en vertu du paragraphe (5) peut être exécuté n’importe où au Canada.

Preuve et pouvoirs du juge lors de l’examen

(7) Lors de l’audition d’une demande en vertu du présent article, le juge peut examiner :

a) la transcription, s’il en est, des procédures entendues par le juge de paix et par un juge qui a déjà révisé l’ordonnance rendue par le juge de paix;

b) les pièces, s’il en est, déposées au cours des procédures devant le juge de paix;

c) les autres preuves ou pièces que le prévenu ou le poursuivant peuvent présenter,

et il doit :

d) soit rejeter la demande;

e) soit, si le prévenu fait valoir des motifs justifiant de le faire, accueillir la demande, annuler l’ordonnance antérieurement rendue par le juge de paix et rendre toute autre ordonnance prévue à l’article 515, qu’il estime justifiée.

Limitation des demandes subséquentes

(8) Lorsqu’une demande en vertu du présent article ou de l’article 521 a été entendue, il ne peut être fait de nouvelle demande ou d’autre demande en vertu du présent article ou de l’article 521 relativement au même prévenu, sauf avec l’autorisation d’un juge, avant l’expiration d’un délai de trente jours à partir de la date de la décision du juge qui a entendu la demande précédente.

Application des art. 517, 518 et 519

(9) Les articles 517, 518 et 519 s’appliquent, compte tenu des adaptations de circonstance, à l’égard d’une demande en vertu du présent article.

L.R. (1985), ch. C-46, art. 520; L.R. (1985), ch. 27 (1er suppl.), art. 86; 1994, ch. 44, art. 46; 1999, ch. 3, art. 31.

Révision de l’ordonnance du juge

521. (1) Le poursuivant peut, en tout temps avant le procès sur l’inculpation, demander à un juge de réviser l’ordonnance rendue par un juge de paix ou un juge de la Cour de justice du Nunavut conformément aux paragraphes 515(1), (2), (7), (8) ou (12), ou rendue ou annulée en vertu de l’alinéa 523(2)b).

Avis au prévenu

(2) Une demande en vertu du présent article ne peut être entendue par un juge à moins que le poursuivant n’ait donné par écrit au prévenu un préavis de la demande de deux jours francs au moins.

Le prévenu doit être présent

(3) Si le juge l’ordonne ou si le poursuivant, le prévenu ou son avocat le demande, le prévenu doit être présent à l’audition d’une demande en vertu du présent article et, lorsque le prévenu est sous garde, le juge peut ordonner, par écrit, à la personne ayant la garde du prévenu, de l’amener devant le tribunal.

Ajournement des procédures

(4) Un juge peut, avant le début de l’audition d’une demande en vertu du présent article ou à tout moment au cours de cette audition, ajourner les procédures sur demande du poursuivant ou du prévenu, mais si le prévenu est sous garde, un tel ajournement ne peut jamais être de plus de trois jours francs sauf avec le consentement du prévenu.

Absence du prévenu à l’audition

(5) Lorsqu’un prévenu, autre qu’un prévenu qui est sous garde, a reçu d’un juge l’ordre d’être présent à l’audition d’une demande en vertu du présent article et n’est pas présent à l’audition, le juge peut décerner un mandat pour l’arrestation du prévenu.

Mandat en vue de la détention du prévenu

(6) Lorsque, en application de l’alinéa (8)e), le juge rend une ordonnance enjoignant que le prévenu soit détenu sous garde jusqu’à ce qu’il soit traité selon la loi, il décerne, si le prévenu n’est pas sous garde, un mandat de dépôt pour l’internement du prévenu.

Exécution

(7) Un mandat décerné en vertu du paragraphe (5) ou (6) peut être exécuté n’importe où au Canada.

Preuve et pouvoirs du juge lors de l’examen

(8) Lors de l’audition d’une demande en vertu du présent article, le juge peut examiner :

a) la transcription, s’il en est, des procédures entendues par le juge de paix et par un juge qui a déjà révisé l’ordonnance rendue par le juge de paix;

b) les pièces, s’il en est, déposées au cours des procédures devant le juge de paix;

c) les autres preuves ou pièces que le poursuivant ou le prévenu peuvent présenter,

et il doit :

d) soit rejeter la demande;

e) soit, si le poursuivant fait valoir des motifs justifiant de le faire, accueillir la demande, annuler l’ordonnance antérieurement rendue par le juge de paix et rendre toute autre ordonnance prévue à l’article 515, qu’il estime justifiée.

Limitation des demandes subséquentes

(9) Lorsqu’une demande en vertu du présent article ou de l’article 520 a été entendue, il ne peut être fait de nouvelle demande ou d’autre demande en vertu du présent article ou de l’article 520 relativement au même prévenu, sauf avec l’autorisation d’un juge, avant l’expiration d’un délai de trente jours à partir de la date de la décision du juge qui a entendu la demande précédente.

Application des art. 517, 518 et 519

(10) Les articles 517, 518 et 519 s’appliquent, compte tenu des adaptations de circonstance, à l’égard d’une demande en vertu du présent article.

L.R. (1985), ch. C-46, art. 521; L.R. (1985), ch. 27 (1er suppl.), art. 87; 1994, ch. 44, art. 47; 1999, ch. 3, art. 32.

Mise en liberté provisoire par un juge

522. (1) Lorsqu’un prévenu est inculpé d’une infraction mentionnée à l’article 469, aucun tribunal, juge ou juge de paix, autre qu’un juge d’une cour supérieure de juridiction criminelle ou un juge présidant une telle cour, de la province où le prévenu est inculpé ne peut mettre le prévenu en liberté avant ni après le renvoi aux fins de procès.

Idem

(2) Lorsqu’un prévenu est inculpé d’une infraction mentionnée à l’article 469, un juge d’une cour supérieure de juridiction criminelle ou un juge présidant une telle cour dans la

province où le prévenu est inculpé doit ordonner que ce dernier soit détenu sous garde à moins que le prévenu, après en avoir eu la possibilité, ne démontre que sa détention sous garde au sens du paragraphe 515(10) n’est pas justifiée.

Ordonnance de s’abstenir de communiquer

(2.1) L’ordonnance de détention visée au paragraphe (2) peut en outre ordonner au prévenu de s’abstenir de communiquer, directement ou indirectement, avec toute personne — victime, témoin ou autre — identifiée dans l’ordonnance, si ce n’est en conformité avec les conditions qui y sont prévues et que le juge estime nécessaires.

Mise en liberté du prévenu

(3) Si le juge n’ordonne pas la détention sous garde du prévenu prévue au paragraphe (2), il peut, par ordonnance, faire mettre le prévenu en liberté sur remise de la promesse ou de l’engagement visé aux alinéas 515(2)a) à e) et à celles des conditions prévues aux paragraphes 515(4), (4.1) et (4.2) qu’il considère souhaitables.

Ordonnance non sujette à révision, sauf en vertu de l’art. 680

(4) Une ordonnance rendue en vertu du présent article n’est sujette à révision que dans le cas prévu à l’article 680.

Application des art. 517, 518 et 519

(5) Les dispositions des articles 517, 518, à l’exception de son paragraphe (2), et 519 s’appliquent, compte tenu des adaptations de circonstance, à l’égard d’une demande d’ordonnance en vertu du paragraphe (2).

Autre infraction

(6) Lorsqu’un prévenu est inculpé à la fois d’une infraction mentionnée à l’article 469 et d’une autre infraction, un juge agissant en vertu du présent article peut appliquer les dispositions de la présente partie relatives à la mise en liberté provisoire à cette autre infraction.

L.R. (1985), ch. C-46, art. 522; L.R. (1985), ch. 27 (1er suppl.), art. 88; 1991, ch. 40, art. 32; 1994, ch. 44, art. 48; 1999, ch. 25, art. 10(préambule).

Période de validité de citation à comparaître, etc.

523. (1) Lorsqu’un prévenu, à l’égard d’une infraction dont il est inculpé, n’a pas été mis sous garde ou a été mis en liberté aux termes ou en vertu d’une disposition de la présente partie, la sommation ou la citation à comparaître qui lui a été délivrée, la promesse de comparaître ou la promesse qu’il a remise, ou l’engagement qu’il a contracté, demeure en vigueur selon ses termes et s’applique à l’égard d’une nouvelle dénonciation lui imputant

la même infraction ou une infraction incluse qui a été reçue après que la sommation ou citation à comparaître lui a été délivrée, la promesse de comparaître ou la promesse a été remise, ou l’engagement a été contracté :

a) lorsque le prévenu a été mis en liberté en application d’une ordonnance d’un juge rendue en vertu du paragraphe 522(3), tant que son procès n’a pas pris fin;

b) dans tout autre cas, tant que :

(i) son procès n’a pas pris fin,

(ii) lorsque le prévenu est déclaré coupable à son procès, sa peine au sens de l’article 673 n’a pas été prononcée, à moins que, au moment où sa culpabilité est déterminée, le tribunal, le juge ou le juge de paix n’ordonne que le prévenu soit mis sous garde en attendant le prononcé de la peine.

Lorsqu’une nouvelle dénonciation impute la même infraction

(1.1) Lorsque, à l’égard d’une infraction dont il est inculpé, un prévenu n’a pas été mis sous garde ou est détenu ou a été mis en liberté aux termes ou en vertu d’une autre disposition de la présente partie et qu’une nouvelle dénonciation, imputant la même infraction ou une infraction incluse est reçue contre lui après qu’une ordonnance de mise en liberté ou de détention provisoire a été rendue ou après que la sommation ou la citation à comparaître lui a été délivrée ou après que la promesse de comparaître ou la promesse lui a été remise ou que l’engagement a été contracté, l’article 507 ou 508 ne s’applique pas à l’égard de la nouvelle dénonciation et l’ordonnance de mise en liberté ou de détention provisoire du prévenu, ainsi que la sommation ou la citation à comparaître, la promesse de comparaître, la promesse ou l’engagement, s’il en est, s’appliquent à la nouvelle dénonciation.

Ordonnance annulant une ordonnance de mise en liberté ou de détention

(2) Nonobstant les paragraphes (1) et (1.1) :

a) le tribunal, le juge ou le juge de paix devant qui un prévenu subit son procès, à tout moment;

b) le juge de paix, à la fin de l’enquête préliminaire sur toute infraction, non mentionnée à l’article 469, pour laquelle un prévenu est envoyé à son procès;

c) avec le consentement du poursuivant et du prévenu, ou sans ce consentement, lorsque le poursuivant ou le prévenu demande l’annulation d’une ordonnance qui autrement s’appliquerait à une nouvelle dénonciation aux termes du paragraphe (1.1), à tout moment :

(i) lorsque le prévenu est inculpé d’une infraction, autre qu’une infraction mentionnée à l’article 469, le juge de paix qui a rendu une ordonnance en vertu de la présente partie ou tout autre juge de paix,

(ii) lorsque le prévenu est inculpé d’une infraction mentionnée à l’article 469, tout juge d’une cour supérieure de juridiction criminelle de la province, ou tout juge présidant celle-ci,

(iii) le tribunal, le juge ou le juge de paix devant qui un prévenu doit subir son procès,

peut, sur présentation de motifs justificatifs, annuler toute ordonnance de mise en liberté ou de détention provisoire du prévenu rendue antérieurement en vertu de la présente partie et rendre toute autre ordonnance prévue par la présente partie que le tribunal, le juge ou le juge de paix estime justifiée, relativement à la mise en liberté ou à la détention du prévenu jusqu’à la fin de son procès.

Dispositions applicables aux procédures prévues au paragraphe (2)

(3) Les dispositions des articles 517, 518 et 519 s’appliquent, compte tenu des adaptations de circonstance, à l’égard de toute procédure que prévoit le paragraphe (2), sauf que le paragraphe 518(2) ne s’applique pas à l’égard d’un prévenu qui est inculpé d’une infraction mentionnée à l’article 469.

L.R. (1985), ch. C-46, art. 523; L.R. (1985), ch. 27 (1er suppl.), art. 89.

Arrestation d’un prévenu en liberté Mandat décerné pour l’arrestation d’un prévenu

524. (1) Lorsqu’un juge de paix est convaincu qu’il y a des motifs raisonnables de croire que, selon le cas :

a) un prévenu a violé ou est sur le point de violer une sommation ou citation à comparaître qui lui a été délivrée, une promesse ou promesse de comparaître qu’il a remise ou un engagement qu’il a contracté;

b) un prévenu a commis un acte criminel après avoir fait l’objet d’une sommation ou d’une citation à comparaître, ou après avoir remis une promesse ou promesse de comparaître ou contracté un engagement,

il peut décerner un mandat pour l’arrestation du prévenu.

Arrestation sans mandat du prévenu

(2) Nonobstant toute autre disposition de la présente loi, un agent de la paix qui a des motifs raisonnables de croire que, selon le cas :

a) un prévenu a violé ou est sur le point de violer une sommation ou citation à comparaître qui lui a été délivrée, une promesse ou promesse de comparaître qu’il a remise ou un engagement qu’il a contracté;

b) un prévenu a commis un acte criminel après avoir fait l’objet d’une sommation ou d’une citation à comparaître, ou après avoir remis une promesse ou promesse de comparaître, ou contracté un engagement,

peut arrêter le prévenu sans mandat.

Audition

(3) Lorsqu’un prévenu qui a été arrêté aux termes d’un mandat décerné en vertu du paragraphe (1), ou qui a été arrêté en vertu du paragraphe (2), est conduit devant un juge de paix, celui-ci doit :

a) lorsque le prévenu a été mis en liberté en application d’une ordonnance rendue, par un juge de la cour supérieure de juridiction criminelle d’une province, en vertu du paragraphe 522(3), ordonner que le prévenu soit conduit devant un juge de cette cour;

b) dans tout autre cas, entendre le poursuivant et ses témoins, s’il en est, ainsi que le prévenu et ses témoins, s’il en est.

Détention du prévenu

(4) Lorsqu’un prévenu visé à l’alinéa (3)a) est conduit devant un juge et que celui-ci conclut que, selon le cas :

a) le prévenu a violé ou était sur le point de violer la sommation ou citation à comparaître qui lui a été délivrée, la promesse ou promesse de comparaître qu’il a remise ou l’engagement qu’il a contracté;

b) il existe des motifs raisonnables de croire que le prévenu a commis un acte criminel après avoir fait l’objet d’une sommation ou d’une citation à comparaître, ou après avoir remis une promesse ou promesse de comparaître, ou contracté un engagement,

il doit annuler ces divers actes de procédure et ordonner la détention sous garde du prévenu sauf si celui-ci, ayant eu la possibilité de le faire, réussit à faire valoir que sa détention sous garde n’est pas justifiée au sens du paragraphe 515(10).

Mise en liberté du prévenu

(5) Si le juge n’ordonne pas la détention sous garde du prévenu en conformité avec le paragraphe (4), il peut ordonner la mise en liberté du prévenu sur remise de la promesse ou de l’engagement visés à l’un des alinéas 515(2)a) à e) et assortis des conditions visées au paragraphe 515(4) qu’il estime souhaitables notamment, lorsque le prévenu était déjà

en liberté sur remise de tels promesse ou engagement, toutes conditions supplémentaires visées au paragraphe 515(4).

Ordonnance non sujette à révision

(6) Une ordonnance rendue en vertu des paragraphes (4) ou (5) n’est sujette à révision que dans le cas prévu à l’article 680.

Mise en liberté du prévenu

(7) Si le juge ne conclut pas dans le sens des alinéas (4)a) ou b), il doit ordonner la libération du prévenu.

Pouvoirs du juge de paix après l’audition

(8) Lorsqu’un prévenu visé au paragraphe (3), autre qu’un prévenu visé par l’alinéa a) de ce paragraphe, est conduit devant le juge de paix et que celui-ci conclut que, selon le cas :

a) le prévenu a violé ou était sur le point de violer la sommation ou citation à comparaître qui lui a été délivrée, la promesse ou promesse de comparaître qu’il a remise ou l’engagement qu’il a contracté;

b) il existe des motifs raisonnables de croire que le prévenu a commis un acte criminel après avoir fait l’objet d’une sommation, ou d’une citation à comparaître, ou après avoir remis une promesse ou promesse de comparaître, ou contracté un engagement,

il doit annuler ces divers actes de procédure et ordonner la détention sous garde du prévenu sauf si celui-ci, ayant eu la possibilité de le faire, réussit à faire valoir que sa détention sous garde n’est pas justifiée au sens du paragraphe 515(10).

Mise en liberté du prévenu

(9) Lorsque le prévenu réussit à faire valoir que sa détention sous garde, au sens du paragraphe 515(10), n’est pas justifiée, le juge de paix ordonne la mise en liberté du prévenu sur remise de la promesse ou de l’engagement visés à l’un des alinéas 515(2)a) à e) et assortis des conditions visées au paragraphe 515(4) qu’il estime souhaitables.

Motifs

(10) Lorsque le juge de paix rend une ordonnance en vertu du paragraphe (9), il porte au dossier les motifs de sa décision, et le paragraphe 515(9) s’applique, compte tenu des adaptations de circonstance, à cet égard.

Cas où le juge de paix doit ordonner la mise en liberté

(11) Lorsque le juge de paix ne conclut pas ainsi que le prévoit l’alinéa (8)a) ou b), il doit ordonner que le prévenu soit mis en liberté.

Dispositions applicables aux procédures en vertu du présent article

(12) Les articles 517, 518 et 519 s’appliquent, compte tenu des adaptations de circonstance, relativement à toutes procédures engagées en vertu du présent article, sauf que le paragraphe 518(2) ne s’applique pas à l’égard d’un prévenu qui est inculpé d’une infraction mentionnée à l’article 522.

Dispositions applicables aux ordonnances rendues en vertu du présent article

(13) L’article 520 s’applique à l’ordonnance rendue en vertu des paragraphes (8) ou (9) comme s’il s’agissait d’une ordonnance rendue par un juge de paix ou un juge de la Cour de justice du Nunavut en vertu des paragraphes 515(2) ou (5), et l’article 521 s’applique à celle rendue en vertu du paragraphe (9) comme s’il s’agissait d’une ordonnance rendue par un juge de paix ou un juge de la Cour de justice du Nunavut en vertu du paragraphe 515(2).

L.R. (1985), ch. C-46, art. 524; 1999, ch. 3, art. 33.

Examen de la détention quand le procès est retardé Délai de présentation d’une demande à un juge

525. (1) Lorsqu’un prévenu qui a été inculpé d’une infraction autre qu’une infraction mentionnée à l’article 469 et dont la détention sous garde n’est pas requise relativement à une autre affaire est détenu sous garde en attendant son procès pour cette infraction et que le procès n’est pas commencé :

a) dans le cas d’un acte criminel, dans les quatre-vingt-dix jours :

(i) à partir du jour où le prévenu a été conduit devant un juge de paix en vertu de l’article 503,

(ii) lorsqu’une ordonnance enjoignant de détenir le prévenu sous garde a été rendue en vertu des articles 521 ou 524 ou qu’il a été statué sur la demande de révision visée à l’article 520, à partir de la date de mise sous garde ou, si elle est postérieure, de celle de la décision;

b) dans le cas d’une infraction pour laquelle le prévenu est poursuivi par procédure sommaire, dans les trente jours :

(i) à partir du jour où le prévenu a été conduit devant un juge de paix en vertu du paragraphe 503(1),

(ii) lorsqu’une ordonnance enjoignant de détenir le prévenu sous garde a été rendue en vertu des articles 521 ou 524 ou qu’il a été statué sur la demande de révision visée à l’article 520, à partir de la date de mise sous garde ou, si elle est postérieure, de celle de la décision,

la personne ayant la garde du prévenu doit, dès l’expiration de ces quatre-vingt-dix jours ou trente jours, selon le cas, demander à un juge ayant juridiction à l’endroit où le prévenu est sous garde de fixer une date pour une audition aux fins de déterminer si le prévenu devrait être mis en liberté ou non.

Avis d’audition

(2) Sur réception d’une demande en vertu du paragraphe (1), le juge doit :

a) fixer une date pour l’audition visée au paragraphe (1), qui aura lieu dans la juridiction, selon le cas :

(i) où le prévenu est gardé sous garde,

(ii) où le procès doit avoir lieu;

b) ordonner qu’avis de l’audition soit donné à telles personnes, y compris le poursuivant et le prévenu, et de telle manière que le juge peut préciser.

Questions à examiner lors de l’audition

(3) Lors de l’audition visée au paragraphe (1), le juge peut, pour décider si le prévenu devrait être mis en liberté ou non, prendre en considération le fait que le poursuivant ou le prévenu a été responsable ou non de tout délai anormal dans le procès sur l’inculpation.

Ordonnance

(4) Si, à la suite de l’audition visée au paragraphe (1), le juge n’est pas convaincu que la continuation de la détention du prévenu sous garde est justifiée au sens du paragraphe 515(10), il ordonne que le prévenu soit mis en liberté en attendant le procès sur l’inculpation pourvu qu’il remette une promesse ou contracte un engagement visés aux alinéas 515(2)a) à e) et assortis des conditions que prévoit le paragraphe 515(4) et que le juge estime souhaitables.

Mandat d’arrestation décerné par un juge

(5) Lorsqu’un juge ayant juridiction dans la province où a été rendue une ordonnance de mise en liberté d’un prévenu prévue par le paragraphe (4) est convaincu qu’il y a des motifs raisonnables de croire que le prévenu, selon le cas :

a) a violé ou est sur le point de violer la promesse ou l’engagement en raison duquel ou de laquelle il a été mis en liberté;

b) a, après sa mise en liberté sur sa promesse ou son engagement, commis un acte criminel,

il peut décerner un mandat pour l’arrestation du prévenu.

Arrestation sans mandat par un agent de la paix

(6) Nonobstant toute autre disposition de la présente loi, un agent de la paix qui a des motifs raisonnables de croire qu’un prévenu qui a été mis en liberté en vertu du paragraphe (4) :

a) soit a violé ou est sur le point de violer la promesse ou l’engagement en raison duquel ou de laquelle il a été mis en liberté;

b) soit, après sa mise en liberté sur sa promesse ou son engagement, a commis un acte criminel,

peut arrêter le prévenu sans mandat et le conduire ou le faire conduire devant un juge ayant juridiction dans la province où a été rendue l’ordonnance de mise en liberté du prévenu.

Audition et ordonnance

(7) Un juge devant lequel un prévenu est conduit en application d’un mandat décerné en vertu du paragraphe (5) ou en application du paragraphe (6) peut, lorsque le prévenu fait valoir que sa détention sous garde n’est pas justifiée au sens du paragraphe 515(10), ordonner sa mise en liberté sur remise de la promesse ou de l’engagement visés à l’un des alinéas 515(2)a) à e) et assortis des conditions visées au paragraphe 515(4) qu’il estime souhaitables.

Dispositions applicables aux procédures

(8) Les articles 517, 518 et 519 s’appliquent, compte tenu des adaptations de circonstance, relativement à toutes procédures engagées en vertu du présent article.

Instructions visant à hâter le procès

(9) Lorsqu’un prévenu se trouve devant un juge en vertu d’une disposition du présent article, le juge peut donner des instructions pour hâter le déroulement du procès du prévenu.

L.R. (1985), ch. C-46, art. 525; L.R. (1985), ch. 27 (1er suppl.), art. 90; 1994, ch. 44, art. 49; 1997, ch. 18, art. 61.

Instructions visant à hâter le déroulement des procédures

526. Sous réserve du paragraphe 525(9), un tribunal, un juge ou un juge de paix devant lequel comparaît un prévenu en conformité avec la présente partie peut donner des instructions pour hâter le déroulement des procédures qui concernent le prévenu.

L.R. (1985), ch. C-46, art. 526; L.R. (1985), ch. 27 (1er suppl.), art. 91.

Procédure en vue d’obtenir la comparution d’un prisonnier Ordonnance d’amener un prisonnier

527. (1) Un juge d’une cour supérieure de juridiction criminelle, convaincu, à la suite d’une demande exposant les faits de l’espèce dans un affidavit et produisant le mandat, que les fins de la justice l’exigent, peut ordonner par écrit que la personne enfermée dans une prison soit amenée devant le tribunal, le juge, le juge de paix ou le juge de la cour provinciale devant qui sa présence est requise, de jour en jour selon qu’il est nécessaire.

Ordonnance du juge de la cour provinciale

(2) Un juge de la cour provinciale a les mêmes pouvoirs, pour l’application des paragraphes (1) ou (7), que ceux d’un juge en vertu de ces paragraphes, si la personne dont la présence est requise se trouve dans la province où le juge de la cour provinciale a compétence.

Transfèrement du prisonnier

(3) Une ordonnance rendue aux termes du paragraphe (1) ou (2) est adressée à la personne qui a la garde du prisonnier et, sur réception de l’ordonnance, cette personne, selon le cas :

a) livre le prisonnier à toute personne nommée dans l’ordonnance pour le recevoir;

b) amène le prisonnier devant le tribunal, le juge, le juge de paix ou le juge de la cour provinciale, selon le cas, sur paiement de ses frais raisonnables à cet égard.

Détention d’un prisonnier requis comme témoin

(4) Lorsqu’on requiert le prisonnier comme témoin, le juge ou juge de la cour provinciale prescrit, dans l’ordonnance, la manière dont le prisonnier doit être tenu sous garde et renvoyé à la prison d’où il est amené.

Détention dans d’autres cas

(5) Lorsque la comparution du prisonnier est requise aux fins visées à l’alinéa (1)a) ou b), le juge ou juge de la cour provinciale donne, dans l’ordonnance, des instructions appropriées sur la manière :

a) dont le prisonnier doit être tenu sous garde, s’il est renvoyé pour subir son procès;

b) dont le prisonnier doit être renvoyé, s’il est libéré lors d’une enquête préliminaire ou s’il est acquitté de l’accusation portée contre lui.

Application d’articles concernant la condamnation

(6) Les articles 718.3 et 743.1 s’appliquent lorsqu’un prisonnier visé par le présent article est déclaré coupable et condamné à l’emprisonnement par le tribunal, le juge, le juge de paix ou le juge de la cour provinciale.

Ordonnance pour le transfèrement du prisonnier

(7) Sur demande du poursuivant, un juge d’une cour supérieure de juridiction criminelle peut, avec le consentement écrit du prisonnier ou de la personne sous la garde d’un agent de la paix, ordonner son transfert à la garde d’un agent de la paix nommé dans l’ordonnance pour la période que celle-ci stipule si le juge est convaincu que cela est nécessaire pour aider un agent de la paix dans l’exercice de ses fonctions.

Transfèrement du prisonnier

(8) Une ordonnance rendue aux termes du paragraphe (7) doit être adressée à la personne qui a la garde du prisonnier, et sur réception de l’ordonnance, cette personne doit livrer le prisonnier à l’agent de la paix habilité dans l’ordonnance à le recevoir.

Retour

(9) Le prisonnier doit être retourné à l’endroit d’où il a été transféré lorsque les buts pour lesquels l’ordonnance rendue en vertu du présent article ont été atteints.

L.R. (1985), ch. C-46, art. 527; L.R. (1985), ch. 27 (1er suppl.), art. 92, 101(A) et 203; 1994, ch. 44, art. 50; 1995, ch. 22, art. 10; 1997, ch. 18, art. 62.

Visa du mandat Mandat visé

528. (1) Lorsqu’un mandat pour l’arrestation d’un prévenu ou un mandat de dépôt, rédigés selon une formule de mandat mentionnée à la partie XXVIII, ne peut être exécuté conformément à l’article 514 ou 703, un juge de paix dans le ressort duquel l’accusé se trouve ou est présumé se trouver doit, sur demande, et sur preuve sous serment ou par affidavit de la signature du juge de paix qui a décerné le mandat, autoriser l’arrestation du

prévenu dans les limites de sa juridiction, en apposant à l’endos du mandat un visa selon la formule 28.

Copies

(1.1) Les copies de l’affidavit ou du mandat transmises à l’aide d’un moyen de télécommunication qui rend la communication sous forme écrite ont, pour l’application du paragraphe (1), la même force probante que l’original.

Effet du visa

(2) Un visa apposé sur un mandat d’après le paragraphe (1) constitue une autorisation suffisante, pour les agents de la paix à qui il a été en premier lieu adressé et pour tous les agents de la paix dans la juridiction territoriale du juge de paix qui le vise, d’exécuter le mandat et d’amener le prévenu devant le juge de paix qui a décerné le mandat ou devant tout autre juge de paix pour la même circonscription territoriale.

L.R. (1985), ch. C-46, art. 528; L.R. (1985), ch. 27 (1er suppl.), art. 93; 1994, ch. 44, art. 51.

Entrée dans une maison d’habitation pour arrestation Autorisation de pénétrer dans une maison d’habitation

529. (1) Le mandat d’arrestation délivré en vertu de la présente loi ou d’une autre loi fédérale peut, sous réserve du paragraphe (2) et si le juge ou le juge de paix qui le délivre est convaincu, sur la foi d’une dénonciation sous serment écrite, qu’il existe des motifs raisonnables de croire que la personne qui en fait l’objet se trouve ou se trouvera dans une maison d’habitation désignée, autoriser un agent de la paix à y pénétrer afin de procéder à l’arrestation.

Exécution

(2) L’autorisation est délivrée sous réserve de la condition suivante : l’agent de la paix ne peut pénétrer dans la maison d’habitation que si, au moment de le faire, il a des motifs raisonnables de croire que la personne à arrêter s’y trouve.

L.R. (1985), ch. C-46, art. 529; 1994, ch. 44, art. 52; 1997, ch. 39, art. 2.

Mandat d’entrée

529.1 Le juge ou le juge de paix peut délivrer un mandat, selon la formule 7.1, autorisant un agent de la paix à pénétrer dans une maison d’habitation désignée pour procéder à l’arrestation d’une personne que le mandat nomme ou permet d’identifier s’il est convaincu, sur la foi d’une dénonciation sous serment, qu’il existe des motifs raisonnables de croire que cette personne s’y trouve ou s’y trouvera et que, selon le cas :

a) elle fait déjà l’objet au Canada, en vertu de la présente loi ou d’une autre loi fédérale, d’un mandat d’arrestation;

b) il existe des motifs de l’arrêter sans mandat aux termes des alinéas 495(1)a) ou b) ou de l’article 672.91;

c) il existe des motifs pour l’arrêter sans mandat en vertu d’une autre loi fédérale.

1997, ch. 39, art. 2; 2002, ch. 13, art. 23.

Modalités

529.2 Sous réserve de l’article 529.4, le juge ou le juge de paix énonce dans le mandat visé aux articles 529 et 529.1 les modalités qu’il estime indiquées pour que l’entrée dans la maison d’habitation soit raisonnable dans les circonstances.

1997, ch. 39, art. 2.

Pouvoir de pénétrer sans mandat

529.3 (1) L’agent de la paix peut, sans que soit restreint ou limité le pouvoir d’entrer qui lui est conféré en vertu de la présente loi ou d’une autre loi ou d’une règle de droit, pénétrer dans une maison d’habitation pour l’arrestation d’une personne sans être muni du mandat visé aux articles 529 ou 529.1 s’il a des motifs raisonnables de croire que la personne s’y trouve, si les conditions de délivrance du mandat prévu à l’article 529.1 sont réunies et si l’urgence de la situation rend difficilement réalisable son obtention.

Situation d’urgence

(2) Pour l’application du paragraphe (1), il y a notamment urgence dans les cas où l’agent de la paix, selon le cas :

a) a des motifs raisonnables de soupçonner qu’il est nécessaire de pénétrer dans la maison d’habitation pour éviter à une personne des lésions corporelles imminentes ou la mort;

b) a des motifs raisonnables de croire que des éléments de preuve relatifs à la perpétration d’un acte criminel se trouvent dans la maison d’habitation et qu’il est nécessaire d’y pénétrer pour éviter leur perte ou leur destruction imminentes.

1997, ch. 39, art. 2.

Omission de prévenir

529.4 (1) Le juge ou le juge de paix qui, en vertu des articles 529 ou 529.1, autorise un agent de la paix à pénétrer dans une maison d’habitation, ou tout autre juge ou juge de paix, peut l’autoriser à ne pas prévenir avant d’y pénétrer s’il est convaincu, sur la foi

d’une dénonciation sous serment, qu’il existe des motifs raisonnables de croire que le fait de prévenir, selon le cas :

a) exposerait l’agent de la paix ou une autre personne à des lésions corporelles imminentes ou à la mort;

b) entraînerait la perte ou la destruction imminentes d’éléments de preuve relatifs à la perpétration d’un acte criminel.

Exécution de l’autorisation

(2) L’autorisation est délivrée sous réserve de la condition suivante : l’agent de la paix ne peut pénétrer dans la maison d’habitation sans prévenir que si, au moment où il entre, il a des motifs raisonnables, selon le cas :

a) de soupçonner que le fait de prévenir l’exposerait ou exposerait une autre personne à des lésions corporelles imminentes ou à la mort;

b) de croire que le fait de prévenir entraînerait la perte ou la destruction imminentes d’éléments de preuve relatifs à la perpétration d’un acte criminel.

Exception

(3) De même, l’agent de la paix qui pénètre dans une maison d’habitation sans mandat aux termes de l’article 529.3 ne peut y pénétrer sans prévenir que si, au moment où il entre, les motifs raisonnables visés au paragraphe (2) existent.

1997, ch. 39, art. 2.

Télémandat

529.5 Si l’agent de la paix considère qu’il serait peu commode dans les circonstances de se présenter en personne devant un juge ou un juge de paix pour lui demander le mandat visé à l’article 529.1 ou l’autorisation visée aux articles 529 ou 529.4, le mandat ou l’autorisation peuvent être délivrés sur une dénonciation faite par téléphone ou à l’aide d’un autre moyen de télécommunication; le cas échéant, l’article 487.1 s’applique, avec les adaptations nécessaires, à l’un ou l’autre.

1997, ch. 39, art. 2.

PARTIE XVII

LANGUE DE L’ACCUSÉ

Langue de l’accusé

530. (1) Sur demande d’un accusé dont la langue est l’une des langues officielles du Canada, faite au plus tard :

a) au moment où la date du procès est fixée :

(i) s’il est accusé d’une infraction mentionnée à l’article 553 ou punissable sur déclaration de culpabilité par procédure sommaire,

(ii) si l’accusé doit être jugé sur un acte d’accusation présenté en vertu de l’article 577;

b) au moment de son choix, s’il choisit de subir son procès devant un juge de la cour provinciale en vertu de l’article 536 ou d’être jugé par un juge sans jury et sans enquête préliminaire en vertu de l’article 536.1;

c) au moment où il est renvoyé pour subir son procès :

(i) s’il est accusé d’une infraction mentionnée à l’article 469,

(ii) s’il a choisi d’être jugé par un tribunal composé d’un juge seul ou d’un juge et d’un jury,

(iii) s’il est réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury,

un juge de paix, un juge de la cour provinciale ou un juge de la Cour de justice du Nunavut ordonne que l’accusé subisse son procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury, selon le cas, qui parlent la langue officielle du Canada qui est celle de l’accusé ou, si les circonstances le justifient, qui parlent les deux langues officielles du Canada.

Idem

(2) Sur demande d’un accusé dont la langue n’est pas l’une des langues officielles du Canada, faite au plus tard à celui des moments indiqués aux alinéas (1)a) à c) qui est applicable, un juge de paix ou un juge de la cour provinciale peut rendre une ordonnance à l’effet que l’accusé subisse son procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury, selon le cas, qui parlent la langue officielle du Canada qui, de l’avis du juge de paix ou du juge de la cour provinciale, permettra à l’accusé de témoigner le plus facilement ou, si les circonstances le justifient, qui parlent les deux langues officielles du Canada.

L’accusé doit être avisé de ce droit

(3) Le juge de paix ou le juge de la cour provinciale devant qui l’accusé comparaît pour la première fois veille à ce que l’accusé soit avisé de son droit de demander une

ordonnance au titre des paragraphes (1) ou (2) et des délais dans lesquels il doit faire une telle demande.

Renvoi

(4) Lorsqu’un accusé ne présente aucune demande pour une ordonnance en vertu des paragraphes (1) ou (2) et que le juge de paix, le juge de la cour provinciale ou le juge devant qui l’accusé doit subir son procès — appelés « tribunal » dans la présente partie — est convaincu qu’il est dans les meilleurs intérêts de la justice que l’accusé subisse son procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury qui parlent la langue officielle du Canada qui est celle de l’accusé ou, si la langue de l’accusé n’est pas l’une des langues officielles du Canada, la langue officielle du Canada qui, de l’avis du tribunal, permettra à l’accusé de témoigner le plus facilement, le tribunal peut, par ordonnance, s’il ne parle pas cette langue, renvoyer l’accusé pour qu’il subisse son procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury qui parlent cette langue ou, si les circonstances le justifient, qui parlent les deux langues officielles du Canada.

Modification de l’ordonnance

(5) Toute ordonnance rendue en vertu du présent article prévoyant le déroulement d’un procès dans l’une des langues officielles du Canada peut, si les circonstances le justifient, être modifiée par le tribunal pour prévoir son déroulement dans les deux langues officielles du Canada, et vice versa.

Circonstances justifiant l’utilisation des deux langues officielles

(6) Peut constituer une circonstance justifiant une ordonnance portant qu’un accusé subira son procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury qui parlent les deux langues officielles du Canada le fait que des coaccusés qui doivent être jugés conjointement ont chacun le droit d’avoir un procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury qui parlent une des langues officielles du Canada, mais que cette langue n’est pas la même pour tous les coaccusés.

L.R. (1985), ch. C-46, art. 530; L.R. (1985), ch. 27 (1er suppl.), art. 94 et 203; 1999, ch. 3, art. 34; 2008, ch. 18, art. 18.

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Traduction de documents

530.01 (1) Le poursuivant — quand il ne s’agit pas d’un poursuivant privé — est tenu, à la demande de l’accusé visé par une ordonnance rendue en vertu de l’article 530, de faire traduire, dans la langue officielle de l’accusé ou dans la langue officielle qui permettra à celui-ci de témoigner le plus facilement, les passages des dénonciations et des actes

d’accusation qui ont été rédigés dans l’autre langue officielle et de lui remettre une copie de la traduction dans les meilleurs délais.

Primauté de l’original

(2) En cas de divergence entre l’original d’un document et sa traduction, l’original prévaut.

2008, ch. 18, art. 19.

Précision

530.1 Si une ordonnance est rendue en vertu de l’article 530 :

a) l’accusé et son avocat ont le droit d’employer l’une ou l’autre langue officielle au cours de l’enquête préliminaire et du procès;

b) ils peuvent utiliser l’une ou l’autre langue officielle dans les actes de procédure ou autres documents de l’enquête préliminaire et du procès;

c) les témoins ont le droit de témoigner dans l’une ou l’autre langue officielle à l’enquête préliminaire et au procès;

c.1) le juge de paix ou le juge qui préside peut, si les circonstances le justifient, autoriser le poursuivant à interroger ou contre-interroger un témoin dans la langue officielle de ce dernier même si cette langue n’est pas celle de l’accusé ni celle qui permet à ce dernier de témoigner le plus facilement;

d) l’accusé a droit à ce que le juge de paix présidant l’enquête préliminaire parle la même langue officielle que lui ou les deux langues officielles, selon le cas;

e) l’accusé a droit à ce que le poursuivant — quand il ne s’agit pas d’un poursuivant privé — parle la même langue officielle que lui ou les deux langues officielles, selon le cas;

f) le tribunal est tenu d’offrir des services d’interprétation à l’accusé, à son avocat et aux témoins tant à l’enquête préliminaire qu’au procès;

g) le dossier de l’enquête préliminaire et celui du procès doivent comporter la totalité des débats dans la langue officielle originale et la transcription de l’interprétation, ainsi que toute la preuve documentaire dans la langue officielle de sa présentation à l’audience;

h) le tribunal assure la disponibilité, dans la langue officielle qui est celle de l’accusé, du jugement — exposé des motifs compris — rendu par écrit dans l’une ou l’autre langue officielle.

L.R. (1985), ch. 31 (4e suppl.), art. 94; 2008, ch. 18, art. 20.

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Précision — procès bilingue

530.2 (1) En cas d’ordonnance exigeant que l’accusé subisse son procès devant un juge de paix, un juge de la cour provinciale, un juge seul ou un juge et un jury qui parlent les deux langues officielles, le juge de paix qui préside l’enquête préliminaire ou le juge qui préside le procès peut, au début de l’instance, rendre une ordonnance prévoyant dans quelles circonstances et dans quelle mesure chacune des langues officielles sera utilisée par lui et par le poursuivant au cours de l’instance.

Droit de l’accusé

(2) L’ordonnance respecte, dans la mesure du possible, le droit de l’accusé de subir son procès dans la langue officielle qui est la sienne.

2008, ch. 18, art. 21.

Renvoi devant un autre tribunal

531. Malgré toute autre disposition de la présente loi mais sous réserve des règlements pris en vertu de l’article 533, si une ordonnance rendue en vertu de l’article 530 ne peut raisonnablement être respectée dans la circonscription territoriale où l’infraction serait normalement jugée, le tribunal ordonne la tenue du procès dans une autre circonscription territoriale de la même province. Le Nouveau-Brunswick est cependant soustrait à l’application du présent article.

L.R. (1985), ch. C-46, art. 531; L.R. (1985), ch. 27 (1er suppl.), art. 203; 2008, ch. 18, art. 21.

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Réserve

532. La présente partie et la Loi sur les langues officielles n’affectent en rien les droits qu’accordent les lois d’une province en vigueur au moment de l’entrée en vigueur de la présente partie ou qui entreront en vigueur par après, à l’égard de la langue des procédures ou des témoignages en matière pénale en autant que ces lois ne sont pas incompatibles avec la présente partie ou cette loi.

1977-78, ch. 36, art. 1.

Règlements

533. Le lieutenant-gouverneur en conseil d’une province peut, par règlement, prendre toute mesure nécessaire à l’application de la présente partie dans la province et les

commissaires du Yukon, des Territoires du Nord-Ouest et du Nunavut peuvent, par règlement, prendre toute mesure nécessaire à l’application de la présente partie dans leur territoire respectif.

L.R. (1985), ch. C-46, art. 533; 1993, ch. 28, art. 78; 2002, ch. 7, art. 144.

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Examen

533.1 (1) Dans les trois ans suivant l’entrée en vigueur du présent article, un examen approfondi des dispositions et de l’application de la présente partie est entrepris par le comité soit du Sénat, soit de la Chambre des communes, soit mixte, que le Parlement ou la chambre en question, selon le cas, désigne ou constitue à cette fin.

Rapport

(2) Dans l’année qui suit le début de son examen ou dans le délai supérieur que le Parlement ou la chambre en question, selon le cas, lui accorde, le comité visé au paragraphe (1) remet son rapport au Parlement, accompagné des modifications qu’il recommande.

2008, ch. 18, art. 21.1.

534. [Abrogé, 1997, ch. 18, art. 63]

PARTIE XVIII

PROCÉDURE À L’ENQUÊTE PRÉLIMINAIRE Juridiction Enquête par le juge de paix

535. Lorsqu’un prévenu inculpé d’un acte criminel est devant un juge de paix et qu’une demande a été présentée en vue de la tenue d’une enquête préliminaire au titre des paragraphes 536(4) ou 536.1(3), le juge de paix doit, en conformité avec la présente partie, enquêter sur l’accusation ainsi que sur tout autre acte criminel qui découle de la même affaire fondé sur les faits révélés par la preuve recueillie conformément à la présente partie.

L.R. (1985), ch. C-46, art. 535; L.R. (1985), ch. 27 (1er suppl.), art. 96; 2002, ch. 13, art. 24.

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Renvoi par le juge de paix dans certains cas

536. (1) Lorsqu’un prévenu est, devant un juge de paix autre qu’un juge de la cour provinciale, inculpé d’une infraction à l’égard de laquelle un juge de la cour provinciale possède une juridiction absolue en vertu de l’article 553, le juge de paix renvoie le prévenu pour qu’il comparaisse devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction aurait été commise.

Choix devant un juge de paix dans certains cas

(2) Lorsqu’un prévenu est inculpé devant un juge de paix d’un acte criminel autre qu’une infraction mentionnée à l’article 469 et que l’infraction n’en est pas une à l’égard de laquelle un juge de la cour provinciale a compétence absolue en vertu de l’article 553, le juge de paix, après que la dénonciation a été lue au prévenu, l’appelle à faire son choix dans les termes suivants :

Vous avez le choix d’être jugé par un juge de la cour provinciale sans jury et sans enquête préliminaire; ou vous pouvez choisir d’être jugé par un juge sans jury; ou encore vous pouvez choisir d’être jugé par un tribunal composé d’un juge et d’un jury. Si vous ne faites pas ce choix maintenant, vous êtes réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury. Si vous choisissez d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury ou êtes réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury, une enquête préliminaire ne sera tenue que si vous ou le poursuivant en faites la demande. Comment choisissez-vous d’être jugé?

Procédure lorsque le prévenu opte pour un procès devant un juge de la cour provinciale

(3) Lorsqu’un prévenu choisit d’être jugé par un juge de la cour provinciale, le juge de paix inscrit sur la dénonciation une mention du choix et :

a) si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction est présumée avoir été commise;

b) si le juge de paix est un juge de la cour provinciale, requiert le prévenu de répondre à l’inculpation et, si ce dernier nie sa culpabilité, procède au procès ou fixe une date pour le procès.

Demande d’enquête préliminaire

(4) Lorsqu’un prévenu choisit d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury ou est réputé, au titre de l’alinéa 565(1)b), avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury ou est accusé d’une infraction mentionnée à l’article 469 ou encore ne fait pas de choix, le juge de paix tient, sous réserve de l’article 577, une enquête préliminaire sur l’inculpation, sur demande présentée par le prévenu ou le poursuivant à ce moment ou dans le délai prévu par les règles établies en vertu des articles 482 ou 482.1, ou, en l’absence de règles, dans le délai fixé par lui.

Inscription sur la dénonciation

(4.1) Lorsque le prévenu choisit d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury ou est réputé, au titre de l’alinéa 565(1)b), avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury ou est accusé d’une infraction mentionnée à l’article 469 ou encore ne fait pas de choix, le juge de paix inscrit sur la dénonciation et, si le prévenu est détenu sous garde, sur le mandat de renvoi :

a) une mention de la nature du choix du prévenu — réel ou réputé — ou du fait qu’il n’a pas fait de choix, selon le cas;

b) une mention, le cas échéant, du fait que le prévenu ou le poursuivant a demandé la tenue d’une enquête préliminaire.

Plusieurs inculpés

(4.2) Lorsque deux ou plusieurs personnes font l’objet d’inculpations énoncées dans la même dénonciation et que l’une d’elles demande la tenue d’une enquête préliminaire au titre du paragraphe (4), une même enquête est tenue à l’égard de toutes ces personnes.

Enquête préliminaire non demandée

(4.3) Si la tenue d’une enquête préliminaire n’est pas demandée au titre du paragraphe (4), le juge de paix fixe soit la date du procès, soit la date à laquelle le prévenu devra comparaître pour connaître cette date.

Compétence

(5) Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé est présumée avoir été commise est compétent aux fins du paragraphe (4).

L.R. (1985), ch. C-46, art. 536; L.R. (1985), ch. 27 (1er suppl.), art. 96; 2002, ch. 13, art. 25; 2004, ch. 12, art. 9.

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Renvoi pour comparution : Nunavut

536.1 (1) Le juge de paix renvoie pour comparution devant un juge le prévenu inculpé devant lui d’un acte criminel mentionné à l’article 553.

Choix devant un juge de paix ou juge : Nunavut

(2) Après lecture de la dénonciation, le juge de paix ou le juge appelle le prévenu inculpé devant lui d’un acte criminel non mentionné aux articles 469 ou 553 à faire son choix dans les termes suivants :

Vous avez le choix d’être jugé par un juge sans jury ou d’être jugé par un tribunal composé d’un juge et d’un jury. Si vous ne faites pas ce choix maintenant, vous êtes réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury. Si vous choisissez d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury ou êtes réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury, une enquête préliminaire ne sera tenue que si vous ou le poursuivant en faites la demande. Comment choisissez-vous d’être jugé?

Demande d’enquête préliminaire : Nunavut

(3) Lorsqu’un prévenu choisit d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury ou est réputé, au titre de l’alinéa 565(1)b), avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury ou est accusé d’une infraction mentionnée à l’article 469 ou encore ne fait pas de choix, le juge ou le juge de paix tient, sous réserve de l’article 577, une enquête préliminaire sur l’inculpation, sur demande présentée par le prévenu ou le poursuivant à ce moment ou dans le délai prévu par les règles établies en vertu des articles 482 ou 482.1, ou, en l’absence de règles, dans le délai fixé par lui.

Inscription sur la dénonciation

(4) Lorsque le prévenu choisit d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury ou est réputé, au titre de l’alinéa 565(1)b), avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury ou est accusé d’une infraction mentionnée à l’article 469 ou encore ne fait pas de choix, le juge de paix ou le juge inscrit sur la dénonciation et, si le prévenu est détenu sous garde, sur le mandat de renvoi :

a) une mention de la nature du choix du prévenu — réel ou réputé — ou du fait qu’il n’a pas fait de choix, selon le cas;

b) une mention, le cas échéant, du fait que le prévenu ou le poursuivant a demandé la tenue d’une enquête préliminaire.

Plusieurs inculpés

(4.1) Lorsque deux ou plusieurs personnes font l’objet d’inculpations énoncées dans la même dénonciation et que l’une d’elles demande la tenue d’une enquête préliminaire au titre du paragraphe (3), une même enquête est tenue à l’égard de toutes ces personnes.

Procès devant un juge sans jury : Nunavut

(4.2) Si la tenue d’une enquête préliminaire n’est pas demandée au titre du paragraphe (3), selon le cas :

a) le juge de paix renvoie le prévenu devant un juge pour comparution et plaidoyer relativement à l’inculpation;

b) le juge :

(i) si le prévenu choisit d’être jugé par un juge sans jury, requiert le prévenu de répondre à l’inculpation et, si celui-ci nie sa culpabilité, procède au procès ou en fixe la date,

(ii) si le prévenu choisit d’être jugé par un tribunal composé d’un juge et d’un jury ou est réputé avoir choisi d’être ainsi jugé, fixe la date du procès.

Compétence des juges de paix : Nunavut

(5) Tout juge de paix ayant compétence au Nunavut peut procéder au titre du paragraphe (3) tant que celui devant qui l’enquête préliminaire se tient ou doit se tenir n’a pas commencé à recueillir la preuve.

Application : Nunavut

(6) Le présent article s’applique, contrairement à l’article 536, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 35; 2002, ch. 13, art. 26; 2004, ch. 12, art. 10.

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Choix ou nouveau choix

536.2 Le choix ou le nouveau choix fait par le prévenu quant au mode de procès peut être effectué par écrit sans que celui-ci ait à comparaître.

2002, ch. 13, art. 27.

Procédures précédant l’enquête préliminaire Déclaration — points et témoins

536.3 En cas de demande d’enquête préliminaire, le poursuivant ou, si la demande a été faite par le prévenu, l’avocat de ce dernier doit, dans le délai prévu par les règles établies en vertu des articles 482 ou 482.1, ou, en l’absence de règles, dans le délai fixé par le juge de paix, fournir au tribunal et à l’autre partie une déclaration énonçant :

a) les points sur lesquels la partie faisant la demande veut présenter des témoignages dans le cadre de l’enquête;

b) le nom des témoins que la partie faisant la demande veut faire entendre à l’enquête.

2002, ch. 13, art. 27.

Ordonnance

536.4 (1) Le juge de paix qui tiendra l’enquête préliminaire peut, sur demande du poursuivant ou du prévenu ou d’office, ordonner la tenue d’une audience dans le délai prévu par les règles établies en vertu des articles 482 ou 482.1, ou, en l’absence de règles, dans le délai fixé par lui :

a) en vue d’aider les parties à cerner les points faisant l’objet de témoignages dans le cadre de l’enquête;

b) en vue de les aider à désigner les personnes qui seront appelées à témoigner à l’enquête, compte tenu de leur situation et de leurs besoins;

c) en vue de les encourager à examiner toute question qui favoriserait une enquête rapide et équitable.

Aveux et accord entre les parties

(2) Une fois l’audience terminée, le juge de paix consigne au dossier tout aveu et tous points qui ont fait l’objet d’un accord entre les parties.

2002, ch. 13, art. 27.

Accord en vue de limiter la portée de l’enquête préliminaire

536.5 Qu’une audience ait été tenue ou non au titre de l’article 536.4, le poursuivant et le prévenu peuvent, d’un commun accord, limiter l’enquête préliminaire à des questions données. L’accord est déposé auprès du tribunal ou consigné au dossier en application du paragraphe 536.4(2), selon le cas.

2002, ch. 13, art. 27.

Pouvoirs du juge de paix

Pouvoirs du juge de paix

537. (1) Un juge de paix agissant en vertu de la présente partie peut :

a) ajourner l’enquête de temps à autre et changer le lieu de l’audition, lorsque la chose paraît opportune en raison de l’absence d’un témoin, de l’impossibilité pour un témoin malade d’être présent à l’endroit où le juge de paix siège ordinairement, ou pour tout autre motif suffisant;

b) renvoyer le prévenu à la détention pour l’application de la Loi sur l’identification des criminels;

c) sauf lorsque le prévenu est, en application de la partie XVI, autorisé à être en liberté, renvoyer le prévenu à la détention dans une prison, au moyen d’un mandat rédigé selon la formule 19;

d) reprendre une enquête avant l’expiration d’une période pour laquelle elle a été ajournée avec le consentement du poursuivant et du prévenu ou de son avocat;

e) ordonner par écrit, selon la formule 30, que le prévenu soit amené devant lui, ou devant tout autre juge de paix pour la même circonscription territoriale, à toute époque avant l’expiration de la période pour laquelle le prévenu a été renvoyé;

f) accorder ou refuser au poursuivant ou à son avocat la permission de lui adresser la parole, à l’appui de l’inculpation, soit pour ouvrir ou résumer l’affaire, soit par voie de réplique sur tout témoignage rendu pour le compte du prévenu;

g) recevoir une preuve de la part du poursuivant ou du prévenu, selon le cas, après avoir entendu les témoignages rendus pour le compte de l’un ou l’autre d’entre eux;

h) ordonner que personne, autre que le poursuivant, le prévenu et leurs avocats, n’ait accès à la salle où se tient l’enquête, ou n’y demeure, lorsqu’il lui paraît que les fins de la justice seront ainsi mieux servies;

i) régler le cours de l’enquête de toute manière qui lui paraît désirable et qui n’est pas incompatible avec la présente loi et, sauf s’il est convaincu que cela ne servirait pas au mieux l’intérêt de la justice, est en conformité avec tout aveu et tout accord consignés au dossier en application du paragraphe 536.4(2) avec ou tout accord intervenu au titre de l’article 536.5;

j) avec le consentement du poursuivant et de l’accusé, permettre à ce dernier soit d’utiliser la télévision en circuit fermé ou tout autre moyen permettant au tribunal et à l’accusé de se voir et de communiquer simultanément, soit de permettre à l’avocat représentant l’accusé de comparaître à sa place durant toute l’enquête sauf durant la présentation de la preuve testimoniale;

j.1) permettre, aux conditions qu’il juge à propos, au prévenu qui en fait la demande d’être absent pendant tout ou partie de l’enquête;

k) ordonner à l’accusé enfermé dans une prison de comparaître en utilisant la télévision en circuit fermé ou par tout autre moyen permettant, d’une part, au tribunal et à l’accusé de se voir et de communiquer simultanément et, d’autre part, à l’accusé de communiquer en privé avec son avocat, s’il est représenté par un avocat, durant toute l’enquête sauf durant la présentation de la preuve testimoniale.

Article 715

(1.01) S’il est fait droit à la demande prévue à l’alinéa (1)j.1), le tribunal avise l’accusé que la preuve recueillie en son absence pourrait être admise aux termes de l’article 715.

Interrogatoire contre-indiqué

(1.1) Lorsqu’il estime qu’une partie de l’interrogatoire ou du contre-interrogatoire est abusive, trop répétitive ou contre-indiquée, le juge de paix agissant en vertu de la présente partie en ordonne la cessation.

Changement du lieu d’audition

(2) Lorsque l’audition est transférée en vertu de l’alinéa (1) a) dans une autre circonscription territoriale de la même province, le juge de paix compétent dans ce ressort est compétent pour la poursuivre.

(3) et (4) [Abrogés, 1991, ch. 43, art. 9]

L.R. (1985), ch. C-46, art. 537; 1991, ch. 43, art. 9; 1994, ch. 44, art. 53; 1997, ch. 18, art. 64; 2002, ch. 13, art. 28; 2008, ch. 18, art. 22.

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Organisation

538. Lorsque le prévenu est une organisation, les paragraphes 556(1) et (2) s’appliquent, avec les adaptations nécessaires.

L.R. (1985), ch. C-46, art. 538; 2003, ch. 21, art. 8.

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Manière de recueillir les témoignages Ordonnances restreignant la publication de la preuve recueillie lors d’une enquête préliminaire

539. (1) Avant qu’il ne commence à recueillir la preuve lors d’une enquête préliminaire, le juge de paix qui préside l’enquête peut, à la demande du poursuivant ou doit, à la demande d’un prévenu, rendre une ordonnance portant que la preuve recueillie lors de l’enquête ne peut être publiée ou diffusée de quelque façon que ce soit avant que chacun des prévenus ne soit libéré ou, s’il y a renvoi aux fins de procès, avant que le procès de chacun d’eux n’ait pris fin.

Le prévenu doit être averti qu’il a le droit de faire une demande d’ordonnance

(2) Lorsqu’un prévenu n’est pas représenté par avocat lors de l’enquête préliminaire, le juge de paix qui tient l’enquête doit, avant qu’il ne commence à recueillir la preuve à l’enquête, faire part à l’accusé de son droit de faire une demande en vertu du paragraphe (1).

Défaut de se conformer à l’ordonnance

(3) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque fait défaut de se conformer à une ordonnance rendue en conformité avec le paragraphe (1).

(4) [Abrogé, 2005, ch. 32, art. 18]

L.R. (1985), ch. C-46, art. 539; L.R. (1985), ch. 27 (1er suppl.), art. 97; 2005, ch. 32, art. 18.

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Prise des témoignages

540. (1) Lorsque le prévenu est devant un juge de paix qui tient une enquête préliminaire, ce juge doit :

a) d’une part, recueillir les dépositions sous serment des témoins appelés par la poursuite et permettre au prévenu ou à son avocat de les contre-interroger;

b) d’autre part, faire consigner la déposition de chaque témoin :

(i) soit par un sténographe nommé conformément à la loi ou qu’il nomme ou dans une écriture lisible sous forme de déposition d’après la formule 31,

(ii) soit, dans une province où l’utilisation d’un appareil d’enregistrement du son est autorisée par ou selon la loi provinciale dans les causes civiles, au moyen du type d’appareil ainsi autorisé et conformément aux prescriptions de la loi provinciale.

Lecture et signature des dépositions

(2) Lorsqu’une déposition est prise par écrit, le juge de paix, en présence du prévenu et avant de demander à ce dernier s’il désire appeler des témoins :

a) fait lire la déposition au témoin;

b) fait signer la déposition par le témoin;

c) signe lui-même la déposition.

Validation par le juge de paix

(3) Lorsque des dépositions sont prises par écrit, le juge de paix peut signer :

a) soit à la fin de chaque déposition;

b) soit à la fin de plusieurs ou de l’ensemble des dépositions, d’une manière indiquant que sa signature est destinée à authentiquer chaque déposition.

Assermentation du sténographe

(4) Lorsque le sténographe désigné pour consigner les témoignages n’est pas un sténographe judiciaire dûment assermenté, il doit jurer qu’il rapportera sincèrement et fidèlement les témoignages.

Attestation de la transcription

(5) Lorsque les témoignages sont consignés par un sténographe nommé par un juge de paix ou conformément à la loi, il n’est pas nécessaire qu’ils soient lus aux témoins ou signés par eux; ils sont transcrits, en totalité ou en partie, par le sténographe à la demande du juge de paix ou de l’une des parties et la transcription est accompagnée :

a) d’un affidavit du sténographe déclarant qu’elle est un rapport fidèle des témoignages;

b) d’un certificat déclarant qu’elle est un rapport fidèle des témoignages, si le sténographe est un sténographe judiciaire dûment assermenté.

Transcription des dépositions prises par un appareil d’enregistrement du son

(6) Lorsque, en conformité avec la présente loi, on a recours à un appareil d’enregistrement du son relativement à des procédures aux termes de la présente loi, l’enregistrement ainsi fait est utilisé et transcrit, en totalité ou en partie, à la demande du juge de paix ou de l’une des parties, et la transcription est certifiée et employée, avec les adaptations nécessaires, conformément à la législation provinciale mentionnée au paragraphe (1).

Preuve

(7) Le juge de paix agissant en vertu de la présente partie peut recevoir en preuve des renseignements par ailleurs inadmissibles qu’il considère plausibles ou dignes de foi dans les circonstances de l’espèce, y compris une déclaration d’un témoin faite par écrit ou enregistrée.

Préavis

(8) À moins que le juge de paix n’en ordonne autrement, les renseignements ne peuvent être admis en preuve que si la partie a remis aux autres parties un préavis raisonnable de son intention de les présenter. Dans le cas d’une déclaration, elle accompagne le préavis d’une copie de celle-ci.

Comparution en vue d’un interrogatoire

(9) Sur demande faite par une partie, le juge de paix ordonne à toute personne dont il estime le témoignage pertinent de se présenter pour interrogatoire ou contre­ interrogatoire sur les renseignements visés au paragraphe (7).

L.R. (1985), ch. C-46, art. 540; L.R. (1985), ch. 27 (1er suppl.), art. 98; 1997, ch. 18, art. 65; 2002, ch. 13, art. 29.

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Audition des témoins à décharge

541. (1) Une fois les dépositions des témoins de la poursuite consignées et, lorsque la présente partie l’exige, lues, le juge de paix entend, sous réserve du présent article, les témoins appelés par l’accusé.

Allocution au prévenu

(2) Avant d’entendre ses témoins, le juge de paix adresse au prévenu qui n’est pas représenté par avocat les paroles suivantes ou d’autres au même effet :

Désirez-vous dire quelque chose en réponse à ces accusations ou à toute autre accusation qui pourrait découler des faits mis en preuve par la poursuite? Vous n’êtes pas obligé de dire quoi que ce soit, mais tout ce que vous direz peut servir de preuve contre vous lors de votre procès. Aucune promesse de faveur ni aucune menace à votre endroit ne doit vous inciter à faire un aveu ou à vous reconnaître coupable, mais tout ce que vous direz maintenant pourra servir de preuve contre vous à votre procès, malgré la promesse ou la menace.

Déclaration du prévenu

(3) Lorsque le prévenu qui n’est pas représenté par avocat dit quelque chose en réponse aux paroles du juge de paix, sa réponse est prise par écrit. Elle est signée par le juge de paix et conservée avec les dépositions des témoins et traitée selon la présente partie.

Témoins à décharge

(4) Lorsque ont été observés les paragraphes (2) et (3), le juge de paix demande au prévenu qui n’est pas représenté par avocat s’il désire appeler des témoins.

Dépositions de ces témoins

(5) Le juge de paix entend chaque témoin appelé par le prévenu, qui dépose sur toute matière pertinente à l’enquête, et, pour l’application du présent paragraphe, l’article 540 s’applique avec les adaptations nécessaires.

L.R. (1985), ch. C-46, art. 541; L.R. (1985), ch. 27 (1er suppl.), art. 99; 1994, ch. 44, art. 54.

Aveu ou confession de l’accusé

542. (1) La présente loi n’a pas pour effet d’empêcher un poursuivant de fournir en preuve, à une enquête préliminaire, tout aveu, confession ou déclaration fait à quelque moment que ce soit par le prévenu et qui, d’après la loi, est admissible contre lui.

Restriction visant la publication de rapports sur l’enquête préliminaire

(2) Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire quiconque publie ou diffuse de quelque façon que ce soit un rapport portant qu’un aveu ou une confession a été présenté en preuve à une enquête préliminaire, ou un rapport indiquant la nature de tout semblable aveu ou confession ainsi présenté en preuve, sauf si l’accusé a été libéré ou, dans le cas où l’accusé a été renvoyé pour subir son procès, si le procès a pris fin.

(3) [Abrogé, 2005, ch. 32, art. 19]

L.R. (1985), ch. C-46, art. 542; L.R. (1985), ch. 27 (1er suppl.), art. 101(A); 2005, ch. 32, art. 19.

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Renvoi lorsque l’infraction a été commise dans une autre juridiction Prévenu se présentant ou conduit devant un juge de paix de l’endroit où l’infraction a été commise

543. (1) Lorsqu’un prévenu est inculpé d’une infraction présumée avoir été commise à l’extérieur des limites du ressort où il a été inculpé, le juge de paix devant qui il comparaît ou est amené peut, à toute étape de l’enquête, après avoir entendu les deux parties :

a) ordonner au prévenu de comparaître;

b) si le prévenu est sous garde, décerner un mandat rédigé selon la formule 15 pour que le prévenu soit emmené,

devant un juge de paix ayant juridiction à l’endroit où l’infraction est présumée avoir été commise, et ce dernier devra continuer et compléter l’enquête.

Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat

(2) Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction est présumée avoir été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et :

a) tout témoignage dont la transcription est ainsi transmise est censé avoir été recueilli par le juge de paix auquel elle est transmise;

b) toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction est présumée avoir été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a).

S.R., ch. C-34, art. 471; S.R., ch. 2(2e suppl.), art. 7.

Prévenu qui s’esquive Absence du prévenu au cours de l’enquête

544. (1) Nonobstant toute autre disposition de la présente loi, lorsqu’un prévenu, inculpé conjointement ou non, s’esquive au cours de l’enquête préliminaire :

a) il est réputé avoir renoncé à son droit d’y assister;

b) le juge de paix :

(i) peut la poursuivre et, quand toute la preuve a été recueillie, doit la mener à terme conformément à l’article 548,

(ii) en cas de délivrance d’un mandat d’arrestation, peut l’ajourner jusqu’à sa comparution.

Le juge de paix peut, dans ce dernier cas, reprendre l’enquête préliminaire et la mener à terme conformément au sous-alinéa b)(i), dès qu’il estime qu’il est dans l’intérêt de la justice de le faire.

Conclusion défavorable

(2) Le juge de paix qui poursuit l’enquête préliminaire conformément au paragraphe (1) peut tirer une conclusion défavorable au prévenu du fait qu’il s’est esquivé.

Impossibilité pour le prévenu de faire rouvrir les procédures

(3) Le prévenu qui ne comparaît plus à l’enquête préliminaire alors qu’elle se poursuit conformément au paragraphe (1), ne peut faire rouvrir les procédures menées en son absence que si le juge de paix est convaincu qu’il est dans l’intérêt de la justice de le faire en raison de circonstances exceptionnelles.

L’avocat peut continuer à représenter le prévenu

(4) Lorsque le prévenu s’est esquivé au cours de l’enquête préliminaire et que le juge de paix continue l’enquête, son avocat conserve le pouvoir de le représenter au cours des procédures.

Témoins à décharge

(5) L’avocat du prévenu peut, après la preuve du poursuivant recueillie au cours d’une enquête préliminaire poursuivie conformément au paragraphe (1), même en l’absence du prévenu, appeler des témoins en son nom. Le paragraphe 541(5) s’applique, le cas échéant, avec les adaptations nécessaires.

L.R. (1985), ch. C-46, art. 544; 1994, ch. 44, art. 55.

Procédure lorsque le témoin refuse de déposer Un témoin qui refuse d’être interrogé

545. (1) Lorsqu’une personne, présente à une enquête préliminaire et requise de témoigner par le juge de paix, selon le cas :

a) refuse de prêter serment;

b) après avoir prêté serment, refuse de répondre aux questions qui lui sont posées;

c) omet de produire les écrits qu’il lui est enjoint de produire;

d) refuse de signer sa déposition,

sans offrir une excuse raisonnable de son omission ou refus, le juge de paix peut ajourner l’enquête et peut, par mandat rédigé selon la formule 20, envoyer cette personne en prison pour une période maximale de huit jours francs ou pour la période de l’ajournement de l’enquête, selon la plus courte de ces deux périodes.

Nouvelle incarcération

(2) Lorsqu’une personne visée par le paragraphe (1) est amenée devant le juge de paix à la reprise de l’enquête ajournée et qu’elle refuse encore de faire ce qui est exigé d’elle, le juge de paix peut de nouveau ajourner l’enquête pour une période maximale de huit jours francs et l’envoyer en prison pour la période d’ajournement ou toute partie de cette période, et il peut ajourner l’enquête et envoyer la personne en prison, de temps à autre, jusqu’à ce qu’elle consente à faire ce qui est exigé d’elle.

Réserve

(3) Le présent article n’a pas pour effet d’empêcher le juge de paix d’envoyer la cause en jugement sur toute autre preuve suffisante par lui recueillie.

S.R., ch. C-34, art. 472.

Dispositions rectificatives Une irrégularité ou une divergence n’atteint pas la validité

546. La validité d’une procédure à une enquête préliminaire, ou postérieurement à une telle enquête, n’est pas compromise par :

a) une irrégularité ou un défaut dans la substance ou la forme de la sommation ou du mandat;

b) une divergence entre l’inculpation énoncée dans la sommation ou le mandat et celle qui est indiquée dans la dénonciation;

c) une divergence entre l’inculpation énoncée dans la sommation, le mandat ou la dénonciation et la preuve apportée par la poursuite à l’enquête.

S.R., ch. C-34, art. 473.

Ajournement, prévenu induit en erreur

547. Le juge de paix peut ajourner l’enquête et renvoyer le prévenu en détention ou lui accorder la liberté provisoirement en vertu de la partie XVI dans les cas où il estime que

les irrégularités, défauts ou divergences visés à l’article 546 ont trompé le prévenu ou l’ont induit en erreur.

S.R., ch. C-34, art. 474; 1974-75-76, ch. 93, art. 59.1.

Incapacité du juge de paix de continuer

547.1 Lorsqu’un juge de paix agissant en vertu de la présente partie a commencé à recueillir la preuve et décède ou est incapable de continuer à assumer ses fonctions pour une autre raison, un autre juge de paix peut :

a) continuer à recueillir la preuve là où les procédures se sont arrêtées si la preuve a été enregistrée conformément à l’article 540 et est disponible;

b) commencer à recueillir la preuve comme si aucune n’avait été présentée, lorsque la preuve n’a pas été enregistrée conformément à l’article 540 ou n’est pas disponible.

L.R. (1985), ch. 27 (1er suppl.), art. 100.

Décision et engagements Renvoi à procès ou libération

548. (1) Lorsque le juge de paix a recueilli tous les témoignages, il doit :

a) renvoyer l’accusé pour qu’il subisse son procès, si à son avis la preuve à l’égard de l’infraction dont il est accusé ou de tout autre acte criminel qui découle de la même affaire est suffisante;

b) libérer l’accusé, si à son avis la preuve à l’égard de l’infraction dont il est accusé ou de tout autre acte criminel qui découle de la même affaire n’est pas suffisante pour qu’il subisse un procès.

Mention de l’accusation

(2) Lorsque le juge de paix ordonne que l’accusé soit renvoyé pour subir son procès à l’égard d’un acte criminel différent ou en sus de celui dont il était accusé, il doit mentionner sur la dénonciation quelles sont les accusations à l’égard desquelles l’accusé doit subir son procès.

Accusé renvoyé à procès

(2.1) Le juge de paix qui ordonne le renvoi à procès peut fixer soit la date de celui-ci, soit la date à laquelle l’accusé devra comparaître pour connaître celle de son procès.

Vice de forme

(3) La validité d’un renvoi à procès n’est pas atteinte par un vice de forme apparent à la face même de la dénonciation à l’égard de laquelle l’enquête préliminaire a été tenue ou à l’égard d’une accusation pour laquelle l’accusé est renvoyé pour subir son procès sauf si, de l’avis du tribunal devant lequel une objection à la dénonciation ou à l’accusation est soulevée, l’accusé a été induit en erreur ou a subi un préjudice dans sa défense à cause de ce vice de forme.

L.R. (1985), ch. C-46, art. 548; L.R. (1985), ch. 27 (1er suppl.), art. 101; 1994, ch. 44, art. 56.

Renvoi au procès à tout stade d’une enquête, avec consentement

549. (1) Nonobstant toute autre disposition de la présente loi, le juge de paix peut, à tout stade d’une enquête préliminaire, avec le consentement du prévenu et du poursuivant, astreindre le prévenu à passer en jugement devant le tribunal ayant juridiction criminelle, sans recueillir ni enregistrer aucune preuve ou preuve supplémentaire.

Portée limitée de l’enquête préliminaire

(1.1) Si le poursuivant et le prévenu se sont entendus pour limiter la portée de l’enquête préliminaire au titre de l’article 536.5, le juge de paix peut astreindre le prévenu à passer en jugement devant le tribunal ayant juridiction criminelle, sans recueillir ni enregistrer aucune preuve ou preuve supplémentaire relativement à toute question non visée par l’accord en cause.

Procédures

(2) Lorsqu’un prévenu est astreint à passer en jugement aux termes du présent article, le juge de paix inscrit sur la dénonciation une mention du consentement du prévenu et du poursuivant, et le prévenu est par la suite traité à tous égards comme s’il était astreint à passer en jugement aux termes de l’article 548.

L.R. (1985), ch. C-46, art. 549; L.R. (1985), ch. 27 (1er suppl.), art. 101; 2002, ch. 13, art. 30.

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Engagement de la part de témoins

550. (1) En cas d’ordonnance adressée au prévenu lui enjoignant de subir son procès, le juge de paix qui a tenu l’enquête préliminaire peut exiger que tout témoin dont la déposition est, d’après lui, essentielle, contracte l’engagement de rendre témoignage au procès de ce prévenu et de se conformer aux conditions raisonnables prévues dans celui­ ci que le juge estime souhaitables pour garantir la comparution et le témoignage du témoin lors du procès du prévenu.

Formule

(2) L’engagement peut être rédigé selon la formule 32 et peut être énoncé à la fin d’une déposition ou en être séparé.

Cautions ou dépôt pour la comparution de témoins

(3) Un juge de paix, pour toute raison qu’il estime satisfaisante, peut exiger qu’un témoin qui contracte un engagement aux termes du présent article :

a) ou bien produise une ou plusieurs cautions au montant qu’il détermine;

b) ou bien dépose entre ses mains une somme d’argent suffisante, selon lui, pour garantir que le témoin comparaîtra et témoignera.

Témoin refusant de contracter un engagement

(4) Si un témoin n’observe pas le paragraphe (1) ou (3) quand il en est requis par un juge de paix, celui-ci peut, par mandat rédigé selon la formule 24, l’envoyer à une prison de la circonscription territoriale où le procès doit avoir lieu et l’y faire détenir jusqu’à ce qu’il accomplisse ce qui est exigé de lui ou jusqu’à ce que le procès soit terminé.

Libération

(5) Lorsqu’un témoin a été envoyé en prison conformément au paragraphe (4), le tribunal devant lequel il comparaît ou un juge de paix ayant juridiction dans la circonscription territoriale où la prison est située peut, par une ordonnance rédigée selon la formule 39, le libérer de sa détention lorsque le procès est terminé.

L.R. (1985), ch. C-46, art. 550; L.R. (1985), ch. 27 (1er suppl.), art. 101.

Transmission du dossier Documentation à transmettre

551. Le juge de paix qui renvoie un prévenu pour qu’il subisse son procès expédie immédiatement au greffier ou autre fonctionnaire compétent du tribunal qui doit juger le prévenu, la dénonciation, la preuve, les pièces, la déclaration, s’il en est, du prévenu, consignée par écrit conformément à l’article 541, toute promesse de comparaître, toute promesse ou tout engagement remis ou contractés en conformité avec la partie XVI, ou toute la preuve recueillie devant un coroner, qui sont en la possession du juge de paix.

L.R. (1985), ch. C-46, art. 551; L.R. (1985), ch. 27 (1er suppl.), art. 102.

PARTIE XIX

ACTES CRIMINELS — PROCÈS SANS JURY Définitions Définitions

552. Les définitions qui suivent s’appliquent à la présente partie.

« juge »

“judge”

« juge »

a) Dans la province d’Ontario, un juge de la cour supérieure de juridiction criminelle de la province;

b) dans la province de Québec, un juge de la Cour du Québec;

c) dans la province de la Nouvelle-Écosse, un juge d’une cour supérieure de juridiction criminelle de la province;

d) dans la province du Nouveau-Brunswick, un juge de la Cour du Banc de la Reine;

e) dans la province de la Colombie-Britannique, le juge en chef ou un juge puîné de la Cour suprême;

f) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, un juge de la Cour suprême;

g) dans la province du Manitoba, le juge en chef ou un juge puîné de la Cour du Banc de la Reine;

h) dans les provinces de la Saskatchewan et d’Alberta, un juge de cour supérieure de juridiction criminelle de la province;

i) au Yukon et dans les Territoires du Nord-Ouest, un juge de la Cour suprême;

j) au Nunavut, un juge de la Cour de justice.

« magistrat »[Abrogée, L.R. (1985), ch. 27 (1 er suppl.), art. 103]

L.R. (1985), ch. C-46, art. 552; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (1er suppl.), art. 103, ch. 27 (2e suppl.), art. 10, ch. 40 (4e suppl.), art. 2; 1990, ch. 16, art. 6, ch. 17, art. 13; 1992, ch. 51, art. 38; 1999, ch. 3, art. 36; 2002, ch. 7, art. 145.

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Juridiction des juges de la cour provinciale

Juridiction absolue

Juridiction absolue

553. La compétence d’un juge de la cour provinciale et, au Nunavut, de la Cour de justice, pour juger un prévenu est absolue et ne dépend pas du consentement du prévenu, lorsque celui-ci est inculpé, dans une dénonciation :

a) soit d’avoir, selon le cas :

(i) commis un vol, autre qu’un vol de bétail,

(ii) obtenu de l’argent ou des biens par de faux-semblants,

(iii) illégalement en sa possession un bien, une chose ou leur produit sachant que tout ou partie d’entre eux ont été obtenus directement ou indirectement par la perpétration au Canada d’une infraction punissable sur acte d’accusation ou obtenus par une omission ou un acte survenus n’importe où qui, au Canada, auraient été punissables sur acte d’accusation,

(iv) par supercherie, mensonge et autre moyen dolosif, frustré le public ou toute personne, déterminée ou non, de tout bien, argent ou valeur,

(v) commis un méfait au sens du paragraphe 430(4),

lorsque l’objet de l’infraction n’est pas un titre testamentaire et que sa valeur ne dépasse pas cinq mille dollars;

b) soit d’avoir conseillé à quelqu’un de commettre une infraction, d’avoir tenté de commettre une infraction, d’avoir comploté en vue de commettre une infraction ou d’avoir été complice après le fait de la perpétration d’une infraction, qu’il s’agisse de l’une ou l’autre des infractions suivantes :

(i) une infraction visée à l’alinéa a), sous réserve des limites quant à la nature et à la valeur de l’objet de l’infraction mentionnées dans cet alinéa,

(ii) une infraction visée à l’alinéa c);

c) soit d’une infraction prévue par :

(i) l’article 201 (maison de jeu ou de pari),

(ii) l’article 202 (bookmaking),

(iii) l’article 203 (gageure),

(iv) l’article 206 (loteries, etc.),

(v) l’article 209 (tricher au jeu),

(vi) l’article 210 (maison de débauche),

(vii) [Abrogé, 2000, ch. 25, art. 4]

(viii) l’article 393 (fraude en matière de prix de passage),

(viii.01) l’article 490.031 (défaut de se conformer à une ordonnance ou à une obligation),

(viii.02) l’article 490.0311 (déclaration fausse ou trompeuse),

(viii.1) l’article 811 (manquement à l’engagement),

(ix) le paragraphe 733.1(1) (défaut de se conformer à une ordonnance de probation),

(x) l’alinéa 4(4)a) de la Loi réglementant certaines drogues et autres substances,

(xi) le paragraphe 5(4) de la Loi réglementant certaines drogues et autres substances.

L.R. (1985), ch. C-46, art. 553; L.R. (1985), ch. 27 (1er suppl.), art. 104; 1992, ch. 1, art. 58; 1994, ch. 44, art. 57; 1995, ch. 22, art. 2; 1996, ch. 19, art. 72; 1997, ch. 18, art. 66; 1999, ch. 3, art. 37; 2000, ch. 25, art. 4; 2010, ch. 17, art. 25.

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Juridiction du juge de la cour provinciale avec consentement

Choix : procès devant un juge de cour provinciale

554. (1) Sous réserve du paragraphe (2), lorsqu’un prévenu est inculpé, dans une dénonciation, d’un acte criminel non mentionné à l’article 469, et que l’infraction n’en est pas une sur laquelle un juge de la cour provinciale a juridiction absolue en vertu de l’article 553, un juge de ce tribunal peut juger le prévenu qui choisit d’être jugé par un juge de la cour provinciale.

Nunavut

(2) S’agissant de procédures criminelles au Nunavut, lorsqu’un prévenu est inculpé, dans une dénonciation, d’un acte criminel non mentionné à l’article 469 et que l’infraction n’en est pas une à l’égard de laquelle un juge de la Cour de justice a compétence absolue en vertu de l’article 553, un juge de ce tribunal peut juger le prévenu qui choisit d’être jugé par un juge sans jury.

L.R. (1985), ch. C-46, art. 554; L.R. (1985), ch. 27 (1er suppl.), art. 105 et 203; 1999, ch. 3, art. 38; 2002, ch. 13, art. 31.

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Le juge de la cour provinciale peut décider de tenir une enquête préliminaire

555. (1) Lorsque, dans toutes procédures prévues par la présente partie, un accusé est devant un juge de la cour provinciale et qu’il apparaît à celui-ci que, pour une raison quelconque, l’inculpation devrait être poursuivie sur acte d’accusation, le juge de la cour provinciale peut, à tout moment avant que le prévenu ait commencé sa défense, décider de ne pas juger et doit, dès lors, informer le prévenu de sa décision et continuer les procédures à titre d’enquête préliminaire.

Acte testamentaire ou objet dont la valeur dépasse 5 000 $

(2) Si un prévenu est, devant un juge de la cour provinciale, inculpé d’une infraction mentionnée à l’alinéa 553a) ou au sous-alinéa 553b)(i), et si, à tout moment avant que le juge de la cour provinciale ne rende une décision, la preuve établit que l’objet de l’infraction est un acte testamentaire ou que sa valeur dépasse cinq mille dollars, le juge de la cour provinciale appelle le prévenu à faire son choix en conformité avec le paragraphe 536(2).

Continuation des procédures

(3) Lorsqu’un prévenu est appelé à faire son choix d’après le paragraphe (2), les dispositions suivantes s’appliquent :

a) si le prévenu choisit d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury, ou ne fait pas de choix, le juge de la cour provinciale continue les procédures à titre d’enquête préliminaire selon la partie XVIII et, s’il renvoie le prévenu pour subir son procès, il inscrit sur la dénonciation une mention de la nature du choix;

b) si le prévenu choisit d’être jugé par un juge de la cour provinciale, le juge de la cour provinciale inscrit sur la dénonciation une mention du choix et continue le procès.

L.R. (1985), ch. C-46, art. 555; L.R. (1985), ch. 27 (1er suppl.), art. 106 et 203; 1994, ch. 44, art. 58; 2002, ch. 13, art. 32.

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Décision sur la tenue d’une enquête préliminaire : Nunavut

555.1 (1) Dans une procédure criminelle visée par la présente partie, s’il estime que, pour une raison quelconque, l’inculpation devrait être poursuivie sur acte d’accusation, le juge de la Cour de justice peut, en tout temps avant l’ouverture de la défense du prévenu, décider de ne pas juger; il l’informe alors de sa décision et continue les procédures à titre d’enquête préliminaire.

Acte testamentaire ou objet dont la valeur dépasse 5 000 $ : Nunavut

(2) Sur preuve, avant le prononcé de sa décision, que l’objet de l’infraction est un acte testamentaire ou que sa valeur dépasse 5 000 $, le juge de la Cour de justice appelle le prévenu inculpé devant lui d’un acte criminel mentionné à l’alinéa 553 a) ou au sous­ alinéa 553 b)(i) à faire son choix conformément au paragraphe 536.1(2).

Continuation des procédures : Nunavut

(3) Si le prévenu appelé à faire un choix au titre du paragraphe (2) choisit d’être jugé par un juge sans jury et demande la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3), choisit d’être jugé par un tribunal composé d’un juge et d’un jury ou ne fait pas de choix, le juge continue les procédures à titre d’enquête préliminaire selon la partie XVIII.

Continuation des procédures : Nunavut

(4) Si le prévenu appelé à faire un choix au titre du paragraphe (2) choisit d’être jugé par un juge sans jury et ne demande pas la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3), le juge inscrit sur la dénonciation une mention du choix et continue le procès.

Application : Nunavut

(5) Le présent article s’applique, contrairement à l’article 555, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 39; 2002, ch. 13, art. 33.

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Organisation

556. (1) L’organisation inculpée comparaît par avocat ou représentant.

Défaut de comparaître

(2) En cas de défaut de comparution de l’organisation et sur preuve de signification de la sommation à celle-ci, le juge de la cour provinciale ou, au Nunavut, de la Cour de justice :

a) s’il a compétence absolue sur l’inculpation, peut procéder à l’instruction de celle-ci en l’absence de l’organisation inculpée;

b) sinon, doit fixer soit la date du procès, soit la date à laquelle l’organisation inculpée devra comparaître pour connaître cette date.

Enquête préliminaire non demandée

(3) Lorsqu’une organisation inculpée comparaît et ne demande pas la tenue d’une enquête préliminaire au titre du paragraphe 536(4), le juge de la cour provinciale fixe soit la date du procès, soit la date à laquelle elle devra comparaître pour connaître cette date.

Enquête préliminaire non demandée : Nunavut

(4) Lorsqu’une organisation inculpée comparaît et la tenue d’une enquête préliminaire n’est pas demandée au titre du paragraphe 536.1(3), le juge de paix ou le juge de la Cour de justice du Nunavut fixe soit la date du procès, soit la date à laquelle elle devra comparaître pour connaître cette date.

L.R. (1985), ch. C-46, art. 556; L.R. (1985), ch. 27 (1er suppl.), art. 107; 1999, ch. 3, art. 40; 2002, ch. 13, art. 34; 2003, ch. 21, art. 9 et 22.

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Prise des témoignages

557. Lorsqu’un prévenu est jugé par un juge de la cour provinciale ou, au Nunavut, un juge de la Cour de justice en conformité avec la présente partie, les dépositions des témoins à charge et à décharge sont recueillies selon les dispositions de la partie XVIII relatives aux enquêtes préliminaires, à l’exception des paragraphes 540(7) à (9).

L.R. (1985), ch. C-46, art. 557; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1999, ch. 3, art. 41; 2002, ch. 13, art. 35.

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Juridiction des juges

Juridiction du juge avec consentement

Procès par un juge sans jury

558. Le prévenu inculpé d’un acte criminel non mentionné à l’article 469 doit, s’il choisit selon les articles 536 ou 536.1 ou s’il choisit à nouveau selon les articles 561 ou 561.1 d’être jugé par un juge sans jury, l’être par un juge sans jury, sous réserve des autres dispositions de la présente partie.

L.R. (1985), ch. C-46, art. 558; L.R. (1985), ch. 27 (1er suppl.), art. 108; 1999, ch. 3, art. 41.

Cour d’archives

559. (1) Un juge qui tient un procès en vertu de la présente partie constitue, aux fins de ce procès et pour les procédures s’y rattachant ou s’y rapportant, une cour d’archives.

Garde des archives

(2) Le dossier d’un procès qu’un juge tient en vertu de la présente partie est gardé au tribunal présidé par le juge.

S.R., ch. C-34, art. 489.

Choix

Devoir du juge

560. (1) Lorsqu’un prévenu choisit selon les articles 536 ou 536.1 d’être jugé par un juge sans jury, un juge fixe les date, heure et lieu du procès :

a) soit sur réception d’un avis écrit du shérif ou d’une autre personne ayant la garde du prévenu déclarant que le prévenu est sous garde et indiquant la nature de l’inculpation formulée contre lui;

b) soit dès que le greffier du tribunal l’a avisé que le prévenu n’est pas sous garde et l’a informé de la nature de l’inculpation formulée contre lui.

Quand le shérif donne avis

(2) Le shérif ou autre personne ayant la garde du prévenu donne l’avis mentionné à l’alinéa (1)a) dans les vingt-quatre heures après que le prévenu est renvoyé pour subir son procès, s’il est sous garde en conséquence de ce renvoi ou si, au moment du renvoi, il est sous garde pour tout autre motif.

Obligation du shérif quand la date du procès est fixée

(3) Lorsque, conformément au paragraphe (1), les date, heure et lieu sont fixés pour le procès d’un prévenu qui est sous garde, ce prévenu :

a) est immédiatement avisé, par le shérif ou autre personne ayant la garde du prévenu, des date, heure et lieu ainsi fixés;

b) est amené aux date, heure et lieu ainsi fixés.

Obligation du prévenu qui n’est pas détenu

(4) Lorsqu’un prévenu n’est pas sous garde, il lui incombe de s’assurer, auprès du greffier du tribunal, des date, heure et lieu fixés pour le procès, selon le paragraphe (1), et il doit se présenter pour son procès aux date, heure et lieu ainsi fixés.

(5) [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 109]

L.R. (1985), ch. C-46, art. 560; L.R. (1985), ch. 27 (1er suppl.), art. 101(A) et 109; 1999, ch. 3, art. 42; 2002, ch. 13, art. 36.

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Droit à un nouveau choix

561. (1) Un prévenu qui a choisi ou qui est réputé avoir choisi d’être jugé autrement que par un juge de la cour provinciale peut choisir :

a) à tout moment avant ou après la fin de son enquête préliminaire avec le consentement écrit du poursuivant, d’être jugé par un juge de la cour provinciale;

b) à tout moment avant la fin de son enquête préliminaire ou avant le quinzième jour suivant celle-ci, de droit, un autre mode de procès qui n’est pas un procès devant un juge de la cour provinciale;

c) à partir du quinzième jour qui suit la conclusion de son enquête préliminaire, tout mode de procès avec le consentement écrit du poursuivant.

Droit à un nouveau choix

(2) Un prévenu qui a choisi d’être jugé par un juge de la cour provinciale ou n’a pas demandé la tenue d’une enquête préliminaire au titre du paragraphe 536(4) peut de droit, au plus tard quatorze jours avant la date fixée pour son procès, choisir un autre mode de procès; il ne peut par la suite le faire qu’avec le consentement écrit du poursuivant.

Avis

(3) Lorsqu’un prévenu désire faire un nouveau choix en vertu du paragraphe (1) avant que son enquête préliminaire ne soit terminée, il doit donner un avis écrit de son intention de faire un nouveau choix accompagné du consentement écrit du poursuivant, lorsqu’un

tel consentement est requis, au juge de paix présidant l’enquête préliminaire qui, sur réception de cet avis, peut :

a) dans le cas d’un nouveau choix fait en vertu de l’alinéa (1) b), appeler le prévenu à faire son nouveau choix de la manière prévue au paragraphe (7);

b) lorsque l’accusé désire faire un nouveau choix en vertu de l’alinéa (1) a) et que le juge de paix n’est pas un juge de la cour provinciale, aviser un juge de la cour provinciale ou un greffier de ce tribunal de l’intention de l’accusé de faire un nouveau choix et faire parvenir au juge de la cour provinciale ou au greffier concerné la dénonciation, toute promesse de comparaître, toute promesse ou tout engagement que le prévenu a pu donner ou contracter en vertu de la partie XVI, ou toute la preuve recueillie devant un coroner, qu’il a en sa possession.

Idem

(4) Lorsqu’un prévenu désire faire un nouveau choix en vertu du paragraphe (2), il doit donner un avis écrit de son intention de ce faire accompagné du consentement écrit du poursuivant, lorsqu’il est requis, au juge de la cour provinciale devant lequel il a comparu ou plaidé, ou au greffier de ce tribunal.

Avis et transmission des dossiers

(5) Lorsque le prévenu désire faire un nouveau choix en vertu du paragraphe (1), une fois son enquête préliminaire terminée, il doit donner un avis écrit de son intention de ce faire accompagné du consentement écrit du poursuivant, lorsque ce consentement est exigé, à un juge ou greffier du tribunal de son premier choix, lequel doit alors aviser le juge ou le juge de la cour provinciale ou le greffier du tribunal qui fait l’objet du nouveau choix du prévenu et lui faire parvenir la dénonciation, la preuve, les pièces, la déclaration s’il en est, qu’a pu faire le prévenu, consignée par écrit en vertu de l’article 541, toute promesse de comparaître, toute promesse ou tout engagement que le prévenu a pu donner ou conclure en vertu de la partie XVI, ou toute la preuve recueillie devant un coroner, qu’il a en sa possession.

Date, heure et lieu du nouveau choix

(6) Lorsqu’un juge de la cour provinciale ou un juge ou un greffier de ce tribunal est avisé en vertu de l’alinéa (3) b) ou des paragraphes (4) ou (5) que le prévenu désire faire un nouveau choix, le juge de la cour provinciale ou le juge doit immédiatement fixer les date, heure et lieu où le prévenu pourra faire son nouveau choix et doit faire en sorte qu’un avis soit donné au prévenu et au poursuivant.

Procédures lorsque le choix est fait

(7) Le prévenu se présente ou, s’il est sous garde, est amené aux date, heure et lieu fixés en vertu du paragraphe (6) et, il doit, après que lecture lui a été faite :

a) soit de l’inculpation sur laquelle il a été renvoyé pour subir son procès ou de l’acte d’accusation, s’il en est un, présenté en vertu des articles 566, 574 ou 577, ou déposé auprès du tribunal devant lequel l’acte d’accusation doit être présenté en vertu de l’article 577;

b) soit, dans le cas d’un nouveau choix fait en vertu du paragraphe (1) avant que son enquête préliminaire ne soit terminée, ou dans le cas d’un nouveau choix fait en vertu du paragraphe (2), de la dénonciation,

être appelé à faire son nouveau choix dans les termes suivants ou d’une teneur semblable :

Vous avez donné avis de votre intention de faire un nouveau choix. Vous avez maintenant cette possibilité. Comment choisissez-vous d’être jugé?

L.R. (1985), ch. C-46, art. 561; L.R. (1985), ch. 27 (1er suppl.), art. 110; 2002, ch. 13, art. 37.

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Nouveau choix sur consentement : Nunavut

561.1 (1) Le prévenu qui a choisi ou est réputé avoir choisi un mode de procès peut, en tout temps, choisir un autre mode de procès avec le consentement écrit du poursuivant.

Nouveau choix avant le procès : Nunavut

(2) Le prévenu qui a choisi ou est réputé avoir choisi un mode de procès et n’a pas demandé la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3) peut, de droit, mais au plus tard quatorze jours avant la date fixée pour son procès, choisir l’autre mode de procès.

Nouveau choix à l’enquête préliminaire : Nunavut

(3) Le prévenu qui a choisi ou est réputé avoir choisi un mode de procès et a demandé la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3) peut, de droit, choisir l’autre mode de procès en tout temps avant la fin de l’enquête ou avant le quinzième jour suivant la fin de celle-ci.

Avis : cas des paragraphes (1) ou (3) : Nunavut

(4) S’il a l’intention de faire un nouveau choix avant la fin de l’enquête préliminaire, le prévenu doit en donner un avis écrit, accompagné, le cas échéant, du consentement, au juge de paix ou juge présidant l’enquête qui, sur réception de l’avis, l’appelle à faire son nouveau choix conformément au paragraphe (9).

Nouveau choix à l’enquête préliminaire : Nunavut

(5) Si, au cours de son enquête préliminaire, le prévenu a l’intention de choisir, conformément aux paragraphes (1) ou (3), d’être jugé par un juge sans jury et de ne pas demander la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3), le juge de paix présidant l’enquête en avise un juge ou un greffier de la Cour de justice et lui fait parvenir les dénonciation, promesse de comparaître, promesse ou engagement donné ou conclu en vertu de la partie XVI, ou toute la preuve recueillie devant un coroner, qu’il a en sa possession.

Avis : Nunavut

(6) S’il a l’intention de faire un nouveau choix en vertu du présent article, le prévenu qui n’a pas demandé la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3) ou à l’égard de qui une enquête a été tenue doit en donner un avis écrit, accompagné, le cas échéant, du consentement du poursuivant, au juge devant lequel il a comparu ou plaidé, ou au greffier de la Cour de justice.

(7) [Abrogé, 2002, ch. 13, art. 38]

Date, heure et lieu du nouveau choix : Nunavut

(8) Une fois l’avis reçu, un juge fixe immédiatement les date, heure et lieu où le prévenu pourra faire son nouveau choix et fait en sorte qu’un avis soit donné à celui-ci et au poursuivant.

Procédures lorsque le choix est fait : Nunavut

(9) Le prévenu se présente ou, s’il est sous garde, est amené aux date, heure et lieu fixés. Après que lecture lui a été faite, soit de l’inculpation sur laquelle il a été renvoyé à son procès, soit de l’acte d’accusation — présenté en vertu des articles 566, 574 ou 577 ou déposé auprès du tribunal devant lequel l’acte doit être présenté en vertu de l’article 577 — , soit, dans le cas d’un choix effectué conformément aux paragraphes (1) ou (3), de la dénonciation, il est appelé à faire son nouveau choix dans les termes suivants ou des termes d’une teneur semblable :

Vous avez donné avis de votre intention de faire un nouveau choix. Vous avez maintenant cette possibilité. Comment choisissez-vous d’être jugé ?

Application : Nunavut

(10) Le présent article s’applique, contrairement à l’article 561, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 43; 2002, ch. 13, art. 38.

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Procédures après le nouveau choix

562. (1) Lorsqu’un prévenu fait un nouveau choix conformément à l’alinéa 561(1)a) avant la fin de l’enquête préliminaire ou conformément au paragraphe 561(1) après la fin de l’enquête préliminaire, le juge de la cour provinciale ou le juge, selon le cas, procède au procès ou fixe les date, heure et lieu de celui-ci.

Idem

(2) Lorsqu’un prévenu fait un nouveau choix en vertu de l’alinéa 561(1)b) avant que l’enquête préliminaire ne soit terminée, ou en vertu du paragraphe 561(2), le juge de paix commence ou continue l’enquête préliminaire.

L.R. (1985), ch. C-46, art. 562; L.R. (1985), ch. 27 (1er suppl.), art. 110.

Procédure après le nouveau choix : Nunavut

562.1 (1) Si le prévenu choisit, conformément au paragraphe 561.1(1), d’être jugé par un juge sans jury et ne demande pas la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3), le juge procède au procès ou fixe les date, heure et lieu de celui-ci.

Procédure après le nouveau choix : Nunavut

(2) Si le prévenu choisit conformément à l’article 561.1, avant la fin de l’enquête préliminaire, d’être jugé par un juge sans jury ou par un tribunal composé d’un juge et d’un jury et demande la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3), le juge de paix ou juge commence ou continue l’enquête.

Application : Nunavut

(3) Le présent article s’applique, contrairement à l’article 562, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 44; 2002, ch. 13, art. 39.

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Procédures après exercice d’un nouveau choix pour être jugé par un juge de la cour provinciale sans jury

563. Si un prévenu choisit, selon les dispositions de l’article 561, d’être jugé par un juge de la cour provinciale :

a) le prévenu est jugé sur la dénonciation qui était devant le juge de paix lors de l’enquête préliminaire, sous réserve des modifications à celle-ci que peut permettre le juge de la cour provinciale qui préside le procès du prévenu;

b) le juge de la cour provinciale devant qui le choix est fait inscrit sur la dénonciation la mention du choix.

L.R. (1985), ch. C-46, art. 563; L.R. (1985), ch. 27 (1er suppl.), art. 110.

Procédure après exercice d’un nouveau choix pour être jugé par un juge sans jury : Nunavut

563.1 (1) S’il choisit, conformément à l’article 561.1, d’être jugé par un juge sans jury et ne demande pas la tenue d’une enquête préliminaire au titre du paragraphe 536.1(3) :

a) le prévenu est jugé sur la dénonciation qui était devant le juge de paix ou le juge lors de l’enquête préliminaire, sous réserve des modifications à celle-ci que peut permettre le juge qui préside le procès;

b) le juge devant qui le choix est fait inscrit celui-ci sur la dénonciation.

Application : Nunavut

(2) Le présent article s’applique, contrairement à l’article 563, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 45; 2002, ch. 13, art. 40.

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564. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 110]

Présomption de choix

565. (1) Sous réserve du paragraphe (1.1), s’il est renvoyé pour subir son procès à l’égard d’une infraction qui, en vertu de la présente partie, peut être jugée par un juge sans jury, le prévenu est, pour l’application des dispositions de celle-ci relatives au choix et au nouveau choix, réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury dans l’un ou l’autre des cas suivants :

a) il est renvoyé pour subir son procès par un juge de la cour provinciale et celui-ci a, en conformité avec le paragraphe 555(1), continué les procédures dont il était saisi à titre d’enquête préliminaire;

b) le juge de paix, le juge de la cour provinciale ou le juge, selon le cas, a, conformément à l’article 567, refusé d’enregistrer le choix ou le nouveau choix;

c) le prévenu n’a pas fait de choix en vertu de l’article 536.

Nunavut

(1.1) S’agissant de procédures criminelles au Nunavut, le prévenu est, en cas de renvoi à procès pour une infraction qui, en vertu de la présente partie, peut être jugée par un juge sans jury, réputé, pour l’application des dispositions de celle-ci relatives au choix et au nouveau choix, avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury dans l’un ou l’autre des cas suivants :

a) il a été renvoyé à procès par un juge qui a, conformément au paragraphe 555.1(1), continué les procédures à titre d’enquête préliminaire;

b) le juge de paix ou le juge a, conformément au paragraphe 567.1(1), refusé d’enregistrer le choix ou le nouveau choix;

c) le prévenu n’a pas effectué le choix prévu à l’article 536.1.

Lorsqu’un acte d’accusation est présenté

(2) Si le prévenu doit subir son procès après qu’un acte d’accusation a été présenté contre lui sur le fondement du consentement ou de l’ordonnance prévus à l’article 577, il est, pour l’application des dispositions de la présente partie relatives au choix et au nouveau choix, réputé avoir choisi d’être jugé par un tribunal composé d’un juge et d’un jury et ne pas avoir demandé la tenue d’une enquête préliminaire au titre des paragraphes 536(4) ou 536.1(3). Il peut choisir de nouveau d’être jugé par un juge sans jury et sans enquête préliminaire.

Avis de choix

(3) Lorsque le prévenu désire faire un nouveau choix en vertu du paragraphe (2), il doit donner un avis écrit de son intention de faire un nouveau choix, à un juge ou greffier du tribunal où l’acte d’accusation a été déposé ou présenté, lequel doit sur réception de l’avis aviser un juge ayant compétence ou le greffier du tribunal qui fait l’objet du nouveau choix du prévenu; il doit aussi faire parvenir au juge ou au greffier de ce tribunal l’acte d’accusation, toute promesse de comparaître, toute promesse ou tout engagement que le prévenu a pu donner ou conclure en vertu de la partie XVI, toute sommation ou mandat émis en vertu de l’article 578, ou toute la preuve recueillie devant un coroner, qu’il a en sa possession.

Application

(4) Les paragraphes 561(6) et (7) ou 561.1(8) et (9), selon le cas, s’appliquent au nouveau choix.

L.R. (1985), ch. C-46, art. 565; L.R. (1985), ch. 27 (1er suppl.), art. 111; 1999, ch. 3, art. 46; 2002, ch. 13, art. 41; 2008, ch. 18, art. 23.

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Procès

Acte d’accusation

566. (1) Le procès d’un prévenu accusé d’un acte criminel, à l’exception d’un procès devant un juge de la cour provinciale, exige un acte d’accusation écrit énonçant l’infraction dont il est accusé.

Dépôt d’un acte d’accusation

(2) Lorsqu’un prévenu choisit, lors d’un premier choix en vertu de l’article 536 ou d’un nouveau choix en vertu de l’article 561 d’être jugé par un juge sans jury, un acte d’accusation selon la formule 4 peut être déposé.

Chefs d’accusation qui peuvent être inclus et dépôt de l’acte d’accusation

(3) L’article 574 et le paragraphe 576(1) s’appliquent, avec les adaptations nécessaires, au dépôt d’un acte d’accusation effectué en vertu du paragraphe (2).

L.R. (1985), ch. C-46, art. 566; L.R. (1985), ch. 27 (1er suppl.), art. 111; 1997, ch. 18, art. 67.

Acte d’accusation : Nunavut

566.1 (1) Le procès d’un prévenu accusé d’un acte criminel non mentionné à l’article 553 ou autre qu’une infraction pour laquelle il a choisi, lors d’un premier ou nouveau choix, d’être jugé par un juge sans jury et à l’égard de laquelle la tenue d’une enquête préliminaire n’a pas été demandée au titre du paragraphe 536.1(3) exige un acte d’accusation écrit énonçant l’infraction en cause.

Dépôt d’un acte d’accusation : Nunavut

(2) Lorsqu’un prévenu choisit, conformément aux articles 536.1 ou 561.1, d’être jugé par un juge sans jury et que la tenue d’une enquête préliminaire est demandée par une partie au titre du paragraphe 536.1(3), un acte d’accusation établi en la formule 4 peut être déposé.

Chefs d’accusation qui peuvent être inclus et dépôt de l’acte d’accusation : Nunavut

(3) L’article 574 et le paragraphe 576(1) s’appliquent, avec les adaptations nécessaires, au dépôt de cet acte d’accusation.

Application : Nunavut

(4) Le présent article s’applique, contrairement à l’article 566, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 47; 2002, ch. 13, art. 42.

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Dispositions générales Mode de procès lorsqu’il y a deux ou plusieurs prévenus

567. Nonobstant toute autre disposition de la présente partie, lorsque deux ou plusieurs personnes font l’objet d’inculpations énoncées dans une dénonciation, si toutes ne choisissent pas en premier lieu ou comme second choix ou ne sont pas réputées avoir choisi, selon le cas, le même mode de procès, le juge de paix ou le juge de la cour provinciale ou le juge peut refuser d’enregistrer le choix, le nouveau choix ou le choix présumé pour être jugé par un juge de la cour provinciale ou par un juge sans jury.

L.R. (1985), ch. C-46, art. 567; L.R. (1985), ch. 27 (1er suppl.), art. 111; 2002, ch. 13, art. 43.

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Pluralité de prévenus : Nunavut

567.1 (1) Malgré les autres dispositions de la présente partie, lorsque plusieurs personnes font l’objet d’inculpations énoncées dans une dénonciation et que toutes n’ont pas retenu, à titre de choix premier, nouveau ou réputé, le même mode de procès, le juge de paix ou le juge peut refuser d’enregistrer le choix d’être jugé par un juge sans jury.

Application : Nunavut

(2) Le présent article s’applique, contrairement à l’article 567, aux procédures criminelles au Nunavut.

1999, ch. 3, art. 48; 2002, ch. 13, art. 43.

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Le procureur général peut exiger un procès par jury

568. Même si le prévenu fait un choix en vertu de l’article 536 ou un nouveau choix au titre de l’article 561 ou du paragraphe 565(2) en vue d’être jugé par un juge ou un juge de la cour provinciale, selon le cas, le procureur général peut exiger qu’il soit jugé par un

tribunal composé d’un juge et d’un jury, à moins que l’infraction présumée ne soit punissable d’un emprisonnement de cinq ans ou moins. Le cas échéant, le juge ou le juge de la cour provinciale n’a pas compétence pour le juger aux termes de la présente partie et une enquête préliminaire doit être tenue si la demande en est faite au titre du paragraphe 536(4), sauf si une telle enquête a déjà eu lieu ou si le nouveau choix a été fait aux termes du paragraphe 565(2).

L.R. (1985), ch. C-46, art. 568; L.R. (1985), ch. 27 (1er suppl.), art. 111; 2002, ch. 13, art. 43; 2008, ch. 18, art. 24.

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Demande de procès avec jury par le procureur général : Nunavut

569. (1) Même si un accusé fait un choix en vertu de l’article 536.1 ou un nouveau choix au titre de l’article 561.1 ou du paragraphe 565(2) en vue d’être jugé par un juge sans jury, le procureur général peut exiger qu’il soit jugé par un tribunal composé d’un juge et d’un jury, à moins que l’infraction en cause ne soit punissable d’un emprisonnement de cinq ans ou moins. Sur demande du procureur général, un juge n’a plus compétence pour juger l’accusé selon la présente partie et une enquête préliminaire doit être tenue si la demande en est faite au titre du paragraphe 536.1(3), sauf s’il y en a déjà eu une ou si le nouveau choix a été fait au titre du paragraphe 565(2).

Application : Nunavut

(2) Le présent article s’applique, contrairement à l’article 568, aux procédures criminelles au Nunavut.

L.R. (1985), ch. C-46, art. 569; L.R. (1985), ch. 27 (1er suppl.), art. 111; 1999, ch. 3, art. 49; 2002, ch. 13, art. 44; 2008, ch. 18, art. 24.1.

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Inscription de la déclaration de culpabilité ou de l’ordonnance

570. (1) Lorsque la culpabilité d’un prévenu qui subit son procès en vertu de la présente partie est déterminée soit par acceptation de son plaidoyer de culpabilité, soit par une déclaration de culpabilité, le juge ou le juge de la cour provinciale, selon le cas, inscrit sur la dénonciation une mention en ce sens et inflige une peine au prévenu ou autrement le traite de la manière autorisée par la loi et, sur demande du prévenu, du poursuivant, d’un agent de la paix ou de toute autre personne, fait rédiger une déclaration de culpabilité selon la formule 35 ainsi qu’une copie certifiée conforme de cette déclaration de culpabilité ou une ordonnance selon la formule 36 ainsi qu’une copie certifiée conforme de celle-ci, et remet la copie certifiée à la personne ayant fait la demande.

Libération et mention de l’acquittement

(2) Lorsqu’un prévenu qui subit son procès en vertu de la présente partie est déclaré non coupable d’une infraction dont il est inculpé, le juge ou le juge de la cour provinciale, selon le cas, l’acquitte immédiatement de cette infraction et fait rédiger une ordonnance selon la formule 37, et, sur demande, établit et remet au prévenu une copie certifiée de l’ordonnance.

Transmission du dossier

(3) Lorsqu’un prévenu choisit d’être jugé par un juge de la cour provinciale aux termes de la présente partie, ce dernier transmet l’inculpation écrite, le procès-verbal de décision et la condamnation, s’il en est, à telle garde que le procureur général peut déterminer.

Preuve de la déclaration de culpabilité ou d’une ordonnance d’acquittement

(4) Une copie d’une déclaration de culpabilité selon la formule 35 ou d’une ordonnance selon les formules 36 ou 37, certifiée conforme par le juge ou par le greffier ou autre fonctionnaire compétent du tribunal, ou par le juge de la cour provinciale, selon le cas, ou avérée copie conforme, constitue, sur preuve de l’identité de la personne qu’elle vise, une attestation suffisante, dans toutes procédures judiciaires, pour établir la condamnation de cette personne, l’établissement d’une ordonnance contre elle ou son acquittement, selon le cas, à l’égard de l’infraction visée dans la copie de la déclaration de culpabilité ou de l’ordonnance.

Mandat de dépôt

(5) Lorsqu’un prévenu, autre qu’une organisation, est condamné, le juge ou le juge de la cour provinciale, selon le cas, décerne ou fait décerner un mandat de dépôt rédigé selon la formule 21, et l’article 528 s’applique à l’égard d’un mandat de dépôt décerné sous le régime du présent paragraphe.

Copie certifiée

(6) La copie du mandat de dépôt délivré par le greffier du tribunal certifiée conforme par ce dernier est admise en preuve dans toute procédure.

L.R. (1985), ch. C-46, art. 570; L.R. (1985), ch. 27 (1er suppl.), art. 112 et 203, ch. 1 (4e suppl.), art. 18(F); 1994, ch. 44, art. 59; 2003, ch. 21, art. 10.

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Ajournement

571. Un juge ou juge de la cour provinciale agissant en vertu de la présente partie peut, à l’occasion, ajourner un procès jusqu’à ce qu’il soit définitivement terminé.

L.R. (1985), ch. C-46, art. 571; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Application des parties XVI, XVIII, XX et XXIII

572. Les dispositions de la partie XVI, les dispositions de la partie XVIII relatives à la transmission du dossier par un juge de la cour provinciale, lorsqu’il tient une enquête préliminaire, et les dispositions des parties XX et XXIII, dans la mesure où elles ne sont pas incompatibles avec la présente partie, s’appliquent, compte tenu des adaptations de circonstance, aux procédures prévues à la présente partie.

L.R. (1985), ch. C-46, art. 572; L.R. (1985), ch. 27 (1er suppl.), art. 203.

PARTIE XIX.1

COUR DE JUSTICE DU NUNAVUT Attributions

573. (1) Les juges de la Cour de justice du Nunavut peuvent exercer les pouvoirs et fonctions conférés par la présente loi aux cours de juridiction criminelle, cours des poursuites sommaires, juges, juges de la cour provinciale, juges de paix au sens de l’article 2 et juges de paix.

Exercice des attributions

(2) Ces pouvoirs et fonctions sont exercés par les juges en leur qualité de juges de juridiction supérieure.

Précision

(3) Le paragraphe (2) n’autorise pas les juges, dans le cadre de l’enquête préliminaire qu’ils président, à accorder une réparation au titre de l’article 24 de la Charte canadienne des droits et libertés.

L.R. (1985), ch. C-46, art. 573; L.R. (1985), ch. 27 (1er suppl.), art. 113; 1999, ch. 3, art. 50.

Demande de révision : Nunavut

573.1 (1) Le procureur général, l’accusé ou quiconque est directement touché peut présenter une demande de révision à un juge de la Cour d’appel du Nunavut relativement aux mesures — décisions ou ordonnances — prises par un juge de la Cour de justice du Nunavut :

a) concernant un mandat ou une sommation;

b) concernant la tenue d’une enquête préliminaire, notamment dans le cadre du paragraphe 548(1);

c) concernant une assignation;

d) concernant la communication de renseignements ou l’accès à la salle du tribunal pour tout ou partie des audiences;

e) portant refus d’annuler une dénonciation ou un acte d’accusation;

f) concernant la détention, l’aliénation ou la confiscation de biens au titre d’un mandat ou d’une ordonnance.

Restriction

(2) La mesure ne peut être révisée en vertu du présent article si, dans une province ou un territoire autre que le Nunavut, elle est de celles qui ne peuvent être prises que par une cour supérieure de juridiction criminelle ou par un juge au sens de l’article 552 ou si la loi prévoit un autre recours en révision.

Motifs

(3) La révision ne peut être accordée que si le juge de la Cour d’appel estime que :

a) s’agissant d’une mesure visée au paragraphe (1), soit le juge de la Cour de justice a manqué à un principe de justice naturelle ou a omis ou refusé d’exercer sa compétence, soit elle a été prise pour des considérations non pertinentes ou à des fins irrégulières;

b) s’agissant d’une mesure visée à l’alinéa (1)a) :

(i) le juge a enfreint une exigence législative quant à sa prise,

(ii) elle a été prise en l’absence de preuve quant à l’existence d’une exigence législative la justifiant,

(iii) elle a été prise sans souci de la vérité, par la fraude ou au moyen de fausses déclarations intentionnelles ou l’omission intentionnelle de déclarer des faits essentiels,

(iv) le mandat est tellement vague ou présente tant de lacunes qu’il permet une fouille ou perquisition abusive,

(v) il manque une condition pertinente requise en droit pour le mandat;

c) s’agissant d’une mesure visée à l’alinéa (1)b), le juge :

(i) n’a pas respecté une disposition obligatoire de la présente loi en matière d’enquête préliminaire,

(ii) a renvoyé l’accusé à son procès sans preuve qui permette à un jury ayant reçu des instructions valables d’en arriver à un verdict de culpabilité,

(iii) a libéré l’accusé alors qu’il y avait des éléments de preuve pour permettre à un jury ayant reçu des instructions valables d’en arriver à un verdict de culpabilité;

d) s’agissant d’une mesure visée aux alinéas (1)c) ou d), le juge a commis une erreur de droit;

e) s’agissant d’une mesure visée à l’alinéa (1)e) :

(i) la dénonciation ou l’acte d’accusation ne permet pas à l’accusé de prendre connaissance de l’accusation,

(ii) le juge n’avait pas compétence,

(iii) le texte créant l’infraction reprochée à l’accusé est inconstitutionnel;

f) s’agissant d’une mesure visée à l’alinéa (1)f) :

(i) le juge a enfreint une exigence législative quant à sa prise,

(ii) elle a été prise en l’absence de preuve quant à l’existence d’une exigence législative la justifiant,

(iii) elle a été prise sans souci de la vérité, par la fraude ou au moyen de fausses déclarations intentionnelles ou l’omission intentionnelle de déclarer des faits essentiels.

Pouvoirs du juge de la Cour d’appel

(4) À l’audition de la demande, le juge peut :

a) ordonner à un juge de la Cour de justice d’accomplir tout acte que celui-ci ou un autre juge a omis ou refusé d’accomplir ou dont il a retardé l’exécution;

b) prohiber ou encore restreindre toute mesure ou procédure d’un juge de la Cour de justice;

c) la déclarer nulle ou illégale, ou l’infirmer en tout ou en partie;

d) la renvoyer pour décision, conformément aux instructions qu’il estime appropriées;

e) accorder toute réparation au titre du paragraphe 24(1) de la Charte canadienne des droits et libertés;

f) refuser d’accorder un recours s’il estime qu’aucun tort n’a été causé, qu’il n’y a pas eu d’erreur judiciaire ou que l’objet de la demande devrait être examiné lors du procès ou de l’appel;

g) rejeter la demande.

Mesures provisoires

(5) Un juge de la Cour d’appel peut prendre les mesures provisoires qu’il estime indiquées avant la prise de la décision définitive.

Procédure

(6) La demande de révision doit être introduite de la manière et dans les délais, sous réserve de prorogation par un juge de la Cour d’appel, que les règles de cour peuvent prévoir.

Appel

(7) Appel peut être interjeté à la Cour d’appel du Nunavut contre une mesure prise au titre du paragraphe (4), la partie XXI s’appliquant, avec les adaptations nécessaires, à un tel appel.

1999, ch. 3, art. 50.

Habeas corpus

573.2 (1) Une procédure d’habeas corpus peut être engagée devant un juge de la Cour d’appel du Nunavut à l’égard d’une mesure — ordonnance ou mandat — prise par un juge de la Cour de justice, sauf si, selon le cas :

a) dans une province ou un territoire autre que le Nunavut, la mesure est de celles qui ne peuvent être prises que par une cour supérieure de juridiction criminelle ou par un juge au sens de l’article 552;

b) la loi prévoit un autre recours en révision ou un appel.

Exception

(2) La procédure peut toutefois être engagée à l’égard d’une mesure prise par un juge de la Cour de justice si elle vise à contester la constitutionnalité de la détention ou de l’incarcération qui en résulte.

Appel

(3) Les paragraphes 784(2) à (6) s’appliquent aux procédures visées aux paragraphes (1) et (2).

1999, ch. 3, art. 50.

PARTIE XX

PROCÉDURE LORS D’UN PROCÈS DEVANT JURY ET DISPOSITIONS GÉNÉRALES Présentation de l’acte d’accusation Le poursuivant peut présenter un acte d’accusation

574. (1) Sous réserve du paragraphe (3), le poursuivant peut présenter un acte d’accusation contre toute personne qui a été renvoyée pour subir son procès à l’égard de :

a) n’importe quel chef d’accusation pour lequel cette personne a été renvoyée pour subir son procès;

b) n’importe quel chef d’accusation se rapportant aux infractions dont l’existence a été révélée par la preuve recueillie lors de l’enquête préliminaire, en plus ou en remplacement de toute infraction pour laquelle cette personne a été renvoyée pour subir son procès.

Par ailleurs, il importe peu que ces chefs d’accusation aient été ou non compris dans une dénonciation.

Le poursuivant peut présenter un acte d’accusation — absence d’enquête préliminaire

(1.1) Si la tenue d’une enquête préliminaire n’est pas demandée au titre des paragraphes 536(4) ou 536.1(3), le poursuivant peut, sous réserve du paragraphe (3), présenter un acte d’accusation contre une personne à l’égard de tout chef d’accusation contenu dans une ou plusieurs dénonciations, ou à l’égard d’un chef d’accusation inclus, à tout moment après que cette dernière a fait un choix ou un nouveau choix — ou est réputée avoir fait un choix — relativement à celles-ci.

Un seul acte d’accusation

(1.2) Dans le cas où des actes d’accusation peuvent être présentés au titre des paragraphes (1) et (1.1), le poursuivant peut présenter un seul acte d’accusation à l’égard de tout ou partie des chefs d’accusation visés à ces paragraphes.

Consentement

(2) Un acte d’accusation présenté en vertu de l’un des paragraphes (1) à (1.2) peut, avec le consentement de l’accusé, comprendre un chef d’accusation qui n’est pas mentionné à l’un de ces paragraphes; l’infraction visée par ce chef peut être entendue, jugée et punie par le tribunal à tous égards comme si elle en était une pour laquelle l’accusé avait été renvoyé pour subir son procès. Toutefois, s’il s’agit d’une infraction commise entièrement dans une province autre que celle où se déroule le procès, le paragraphe 478(3) s’applique.

Consentement dans le cas de poursuites privées

(3) Dans le cas de poursuites menées par un poursuivant autre que le procureur général et dans lesquelles le procureur général n’intervient pas, aucun acte d’accusation ne peut être déposé en vertu de l’un des paragraphes (1) à (1.2) devant un tribunal sans une ordonnance écrite de ce tribunal ou d’un juge de ce tribunal.

L.R. (1985), ch. C-46, art. 574; L.R. (1985), ch. 27 (1er suppl.), art. 113; 2002, ch. 13, art. 45.

Version précédente

575. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 113]

Accusation

576. (1) Sauf dans les cas prévus par la présente loi, aucun acte d’accusation ne peut être présenté.

Criminal information et projet d’acte d’accusation

(2) Aucune dénonciation dite criminal information ne peut être déposée ni décernée et aucun projet d’acte d’accusation ne peut être présenté devant un grand jury.

Aucun procès sur enquête de coroner

(3) Nul ne peut subir de procès sur une enquête de coroner.

L.R. (1985), ch. C-46, art. 576; L.R. (1985), ch. 27 (1er suppl.), art. 114.

Acte d’accusation

577. Malgré le fait que le prévenu n’a pas eu la possibilité de demander la tenue d’une enquête préliminaire, que l’enquête préliminaire a débuté et n’est pas encore terminée ou qu’une enquête préliminaire a été tenue et le prévenu a été libéré, un acte d’accusation peut, malgré l’article 574, être présenté si, selon le cas :

a) dans le cas d’une poursuite qui est menée par le procureur général ou dans laquelle il intervient, le consentement personnel écrit de celui-ci ou du sous-procureur général est déposé au tribunal;

b) dans les autres cas, le juge du tribunal l’ordonne.

L.R. (1985), ch. C-46, art. 577; L.R. (1985), ch. 27 (1er suppl.), art. 115, ch. 1 (4e suppl.), art. 18(F); 2002, ch. 13, art. 46.

Version précédente

Sommation ou mandat

578. (1) Après que l’avis de la reprise des procédures a été donné conformément au paragraphe 579(2), ou après le dépôt de l’acte d’accusation devant le tribunal qui est saisi des procédures, ce dernier, s’il l’estime nécessaire, peut émettre :

a) soit une sommation;

b) soit un mandat d’arrestation,

contre le prévenu ou le défendeur, afin de l’obliger à se présenter devant le tribunal pour répondre à l’inculpation formulée dans l’acte d’accusation.

Application de la partie XVI

(2) La partie XVI s’applique, compte tenu des adaptations de circonstance, lorsque sommations ou mandats sont délivrés conformément au paragraphe (1).

L.R. (1985), ch. C-46, art. 578; L.R. (1985), ch. 27 (1er suppl.), art. 116.

Le procureur général peut ordonner un arrêt des procédures

579. (1) Le procureur général ou le procureur mandaté par lui à cette fin peut, à tout moment après le début des procédures à l’égard d’un prévenu ou d’un défendeur et avant jugement, ordonner au greffier ou à tout autre fonctionnaire compétent du tribunal de mentionner au dossier que les procédures sont arrêtées sur son ordre et cette mention doit être faite séance tenante; dès lors, les procédures sont suspendues en conséquence et tout engagement y relatif est annulé.

Reprise des procédures

(2) Les procédures arrêtées conformément au paragraphe (1) peuvent être reprises sans nouvelle dénonciation ou sans nouvel acte d’accusation, selon le cas, par le procureur général ou le procureur mandaté par lui à cette fin en donnant avis de la reprise au greffier du tribunal où les procédures ont été arrêtées; cependant lorsqu’un tel avis n’est pas donné dans l’année qui suit l’arrêt des procédures ou avant l’expiration du délai dans lequel les procédures auraient pu être engagées, si ce délai expire le premier, les procédures sont réputées n’avoir jamais été engagées.

L.R. (1985), ch. C-46, art. 579; L.R. (1985), ch. 27 (1er suppl.), art. 117.

Non-arrêt des procédures par le procureur général

579.01 S’il intervient dans des procédures et ne les fait pas arrêter en vertu de l’article 579, le procureur général peut, sans pour autant assumer la conduite des procédures, appeler des témoins, les interroger et contre-interroger ou présenter des éléments de preuve et des observations.

2002, ch. 13, art. 47.

Intervention du procureur général du Canada

579.1 (1) Le procureur général du Canada ou le procureur mandaté par lui à cette fin peut, si les circonstances suivantes sont réunies, intervenir dans toute procédure :

a) concernant une contravention à une loi fédérale autre que la présente loi ou à ses règlements d’application, une tentative ou un complot en vue d’y contrevenir ou le fait de conseiller une telle contravention;

b) qui n’a pas été engagée par un procureur général;

c) où le jugement n’a pas été rendu;

d) à l’égard de laquelle n’est pas intervenu le procureur général de la province où les procédures sont engagées.

Application de l’article 579

(2) L’article 579 s’applique, avec les adaptations nécessaires, aux procédures dans lesquelles le procureur général du Canada intervient en vertu du présent article.

1994, ch. 44, art. 60.

Forme de l’acte d’accusation

580. Un acte d’accusation est suffisant s’il est rédigé par écrit selon la formule 4.

L.R. (1985), ch. C-46, art. 580; L.R. (1985), ch. 27 (1er suppl.), art. 117.

Dispositions générales quant aux chefs d’accusation Substance de l’infraction

581. (1) Chaque chef dans un acte d’accusation s’applique, en général, à une seule affaire; il doit contenir en substance une déclaration portant que l’accusé ou le défendeur a commis l’infraction qui y est mentionnée.

Style de la déclaration

(2) La déclaration mentionnée au paragraphe (1) peut être faite :

a) en langage populaire sans expressions techniques ni allégations de choses dont la preuve n’est pas essentielle;

b) dans les termes mêmes de la disposition qui décrit l’infraction ou déclare que le fait imputé est un acte criminel;

c) en des termes suffisants pour notifier au prévenu l’infraction dont il est inculpé.

Détail des circonstances

(3) Un chef d’accusation doit contenir, à l’égard des circonstances de l’infraction présumée, des détails suffisants pour renseigner raisonnablement le prévenu sur l’acte ou omission à prouver contre lui, et pour identifier l’affaire mentionnée, mais autrement l’absence ou insuffisance de détails ne vicie pas le chef d’accusation.

Accusation de trahison

(4) Lorsqu’un prévenu est accusé d’une infraction visée à l’article 47 ou à l’un des articles 49 à 53, tout acte manifeste devant être invoqué doit être indiqué dans l’acte d’accusation.

Mention d’article

(5) Un chef d’accusation peut se référer à tout article, paragraphe, alinéa ou sous-alinéa de la disposition qui crée l’infraction imputée et, pour déterminer si un chef d’accusation est suffisant, il est tenu compte d’un tel renvoi.

Dispositions générales non restreintes

(6) Les dispositions de la présente partie concernant des matières qui ne rendent pas un chef d’accusation insuffisant n’ont pas pour effet de restreindre ou limiter l’application du présent article.

L.R. (1985), ch. C-46, art. 581; L.R. (1985), ch. 27 (1er suppl.), art. 118.

Haute trahison et meurtre au premier degré

582. Seules les personnes inculpées expressément dans l’acte d’accusation de haute trahison ou de meurtre au premier degré peuvent être déclarées coupables de ces infractions.

S.R., ch. C-34, art. 511; 1973-74, ch. 38, art. 4; 1974-75-76, ch. 105, art. 6.

Certaines omissions ne constituent pas des motifs d’opposition

583. Aucun chef dans un acte d’accusation n’est insuffisant en raison de l’absence de détails lorsque, de l’avis du tribunal, le chef d’accusation répond autrement aux exigences de l’article 581 et, sans que soit limitée la portée générale de ce qui précède, nul chef d’accusation dans un acte d’accusation n’est insuffisant du seul fait que, selon le cas :

a) il ne nomme pas la personne lésée ou qu’on a eu l’intention ou tenté de léser;

b) il ne nomme pas la personne qui est le propriétaire d’un bien mentionné dans le chef d’accusation, ou qui a un droit de propriété ou intérêt spécial dans ce bien;

c) il impute une intention de frauder sans nommer ou décrire la personne qu’on avait l’intention de frauder;

d) il n’énonce aucun écrit faisant le sujet de l’inculpation;

e) il n’énonce pas les mots employés lorsque ceux qui auraient été employés font le sujet de l’inculpation;

f) il ne spécifie pas le moyen par lequel l’infraction présumée a été commise;

g) il ne nomme ni ne décrit avec précision une personne, un endroit ou une chose;

h) il ne déclare pas, dans le cas où le consentement d’une personne, d’un fonctionnaire ou d’une autorité est requis avant que des procédures puissent être intentées pour une infraction, que ce consentement a été obtenu.

S.R., ch. C-34, art. 512.

Dispositions spéciales quant aux chefs d’accusation Suffisance d’un chef d’accusation pour libelle

584. (1) Aucun chef d’accusation pour la publication d’un libelle blasphématoire, séditieux ou diffamatoire, ou pour la vente ou l’exposition de tout livre, brochure, journal

ou autre matière écrite d’une nature obscène, n’est insuffisant du seul fait qu’il n’énonce pas les mots allégués comme diffamatoires ou l’écrit allégué comme obscène.

Spécification du sens

(2) Un chef d’accusation pour la publication d’un libelle peut porter que la matière publiée a été écrite dans un sens qui, par insinuation, en rendait la publication criminelle, et peut spécifier ce sens sans affirmation préliminaire indiquant comment la matière a été écrite dans ce sens.

Preuve

(3) Lors de l’instruction d’un chef d’accusation pour publication d’un libelle, il suffit de prouver que la matière publiée était libelleuse, avec ou sans insinuation.

S.R., ch. C-34, art. 513.

Suffisance d’un chef d’accusation pour parjure, etc.

585. Aucun chef d’accusation :

a) de parjure;

b) de faux serment ou de fausse déclaration;

c) de fabrication de preuve;

d) d’incitation à commettre une infraction mentionnée à l’alinéa a), b) ou c),

n’est insuffisant du seul fait qu’il n’énonce pas la nature de l’autorité du tribunal devant lequel le serment a été prêté ou l’assertion faite, ou le sujet de l’enquête, ou les mots employés ou le témoignage fabriqué, ou qu’il ne nie pas formellement la vérité des mots employés.

L.R. (1985), ch. C-46, art. 585; 1992, ch. 1, art. 60(F).

Suffisance d’un chef d’accusation pour fraude

586. Aucun chef d’accusation qui allègue un faux semblant, une fraude, ou une tentative ou un complot par des moyens frauduleux, n’est insuffisant du seul fait qu’il n’expose pas en détail la nature du faux semblant, de la fraude ou des moyens frauduleux.

S.R., ch. C-34, art. 515.

Détails

Ce qui peut être ordonné

587. (1) Si le tribunal est convaincu que la chose est nécessaire pour assurer un procès équitable, il peut ordonner que le poursuivant fournisse des détails et, sans que soit limitée la portée générale des dispositions précédentes, il peut ordonner que le poursuivant fournisse des détails :

a) sur les faits allégués pour soutenir une inculpation de parjure, de prestation de faux serment ou d’une fausse déclaration, de fabrication de preuve ou d’avoir conseillé la perpétration de l’une ou l’autre de ces infractions;

b) sur tout faux semblant ou fraude allégué;

c) sur une prétendue tentative ou un prétendu complot par des moyens frauduleux;

d) indiquant les passages d’un livre, brochure, journal ou autre imprimé ou écrit invoqué pour soutenir une inculpation de vente ou d’exhibition d’un livre, brochure, journal, imprimé ou écrit obscène;

e) décrivant davantage un écrit ou les mots qui font le sujet d’une inculpation;

f) décrivant davantage les moyens par lesquels une infraction aurait été commise;

g) décrivant davantage une personne, un endroit ou une chose dont il est question dans un acte d’accusation.

Considération de la preuve

(2) En vue de décider si un détail est requis ou non, le tribunal peut prendre en considération toute preuve qui a été recueillie.

Détail

(3) Lorsqu’un détail est communiqué selon le présent article :

a) copie en est donnée gratuitement à l’accusé ou à son avocat;

b) le détail est porté au dossier de la cause;

c) le procès suit son cours, à tous égards, comme si l’acte d’accusation avait été modifié de façon à devenir conforme au détail.

L.R. (1985), ch. C-46, art. 587; L.R. (1985), ch. 27 (1er suppl.), art. 7.

Propriété de biens

Droit de propriété

588. Les biens immeubles et meubles placés en vertu de la loi sous l’administration, le contrôle ou la garde d’une personne sont tenus, aux fins d’un acte d’accusation ou d’une procédure contre toute autre personne pour une infraction commise sur les biens ou à leur égard, pour les biens de la personne qui en a l’administration, le contrôle ou la garde.

S.R., ch. C-34, art. 517.

Réunion ou séparation de chefs d’accusation Chef d’accusation en cas de meurtre

589. Aucun chef d’accusation visant un acte criminel autre que le meurtre ne peut être joint, dans un acte d’accusation, à un chef d’accusation de meurtre, sauf dans les cas suivants :

a) les chefs d’accusation découlent de la même affaire;

b) l’accusé consent à la réunion des chefs d’accusation.

L.R. (1985), ch. C-46, art. 589; 1991, ch. 4, art. 2.

Des infractions peuvent être déclarées dans la forme alternative

590. (1) Un chef d’accusation n’est pas inadmissible du seul fait que, selon le cas :

a) il impute sous forme alternative plusieurs choses, actions ou omissions différentes énoncées sous cette forme dans une disposition qui désigne comme constituant un acte criminel les choses, actions ou omissions déclarées dans le chef d’accusation;

b) il est double ou multiple.

Demande de modifier ou de diviser un chef d’accusation

(2) Un prévenu peut, à toute étape de son procès, demander au tribunal de modifier ou de diviser un chef d’accusation qui, selon le cas :

a) impute sous la forme alternative diverses choses, actions ou omissions énoncées sous cette forme dans la disposition qui décrit l’infraction ou qui représente les choses, actions ou omissions déclarées, comme constituant un acte criminel;

b) est double ou multiple,

pour la raison qu’il l’embarrasse dans sa défense, tel qu’il est rédigé.

Ordonnance

(3) Lorsqu’il est convaincu que les fins de la justice l’exigent, le tribunal peut ordonner qu’un chef d’accusation soit modifié ou divisé en deux ou plusieurs chefs et, dès lors, un préambule formel peut être inséré avant chacun des chefs en lesquels il est divisé.

S.R., ch. C-34, art. 519.

Réunion des chefs d’accusation

591. (1) Sous réserve de l’article 589, un acte d’accusation peut contenir plusieurs chefs d’accusation visant plusieurs infractions, mais ils doivent être distingués de la façon prévue par la formule 4.

Chaque chef d’accusation est distinct

(2) Lorsqu’un acte d’accusation comporte plus d’un chef, chaque chef peut être traité comme un acte d’accusation distinct.

Procès distincts pour chaque chef d’accusation ou pour chaque accusé

(3) Lorsqu’il est convaincu que les intérêts de la justice l’exigent, le tribunal peut ordonner :

a) que l’accusé ou le défendeur subisse son procès séparément sur un ou plusieurs chefs d’accusation;

b) s’il y a plusieurs accusés ou défendeurs, qu’ils subissent leur procès séparément sur un ou plusieurs chefs d’accusation.

Ordonnance en vue d’un procès distinct

(4) Une ordonnance visée au paragraphe (3) peut être rendue avant ou pendant le procès, mais dans ce dernier cas, le jury est dispensé de rendre un verdict sur les chefs d’accusation :

a) soit à l’égard desquels le procès ne suit pas son cours;

b) soit concernant l’accusé ou le défendeur appelé à subir un procès séparé.

Procédure subséquente

(5) Les chefs d’accusation au sujet desquels un jury est dispensé de rendre un verdict, selon l’alinéa (4)a), peuvent être subséquemment traités à tous égards comme s’ils étaient contenus dans un acte d’accusation distinct.

Idem

(6) Lorsqu’une ordonnance est rendue en vertu de l’alinéa (3)b), le prévenu ou le défendeur peut être jugé séparément sur les chefs d’accusation visés par l’ordonnance comme s’ils étaient contenus dans un acte d’accusation distinct.

L.R. (1985), ch. C-46, art. 591; L.R. (1985), ch. 27 (1er suppl.), art. 119.

Réunion des accusés dans certains cas Complices après le fait

592. Tout individu inculpé de complicité, après le fait, d’une infraction quelconque peut être mis en accusation, que l’auteur principal de l’infraction ou tout autre participant à l’infraction ait été ou non mis en accusation ou déclaré coupable, ou qu’il puisse ou non être traduit en justice.

S.R., ch. C-34, art. 521.

Procès de receleurs conjoints

593. (1) N’importe quel nombre de personnes peuvent être inculpées, dans un même acte d’accusation, d’une infraction visée à l’article 354 ou à l’alinéa 356(1)b), même dans l’un ou l’autre des cas suivants :

a) les biens ont été en leur possession en différents temps;

b) la personne qui a obtenu les biens :

(i) soit n’est pas mise en accusation avec elles,

(ii) soit ne se trouve pas sous garde ou ne peut pas être traduite en justice.

Déclaration de culpabilité visant une ou plusieurs personnes

(2) Lorsque, sous le régime du paragraphe (1), deux ou plusieurs personnes sont inculpées, dans un même acte d’accusation, d’une infraction mentionnée à ce paragraphe, l’une ou plusieurs d’entre elles, qui ont séparément commis l’infraction à l’égard des biens, ou d’une partie de ceux-ci, peuvent être déclarées coupables.

S.R., ch. C-34, art. 522.

594. à 596. [Abrogés, L.R. (1985), ch. 27 (1er suppl.), art. 120]

Procédure lorsque l’accusé est en liberté

Mandat d’arrestation délivré par le tribunal

597. (1) Lorsqu’un acte d’accusation a été présenté contre une personne qui est en liberté, et que cette personne ne comparaît pas ou ne demeure pas présente pour son procès, le tribunal devant lequel l’accusé aurait dû comparaître ou demeurer présent peut décerner un mandat selon la formule 7 pour son arrestation.

Exécution

(2) Un mandat émis sous le régime du paragraphe (1) peut être exécuté en tout endroit du Canada.

Liberté provisoire

(3) Un juge du tribunal qui lance le mandat d’arrestation prévu au paragraphe (1) peut ordonner la remise en liberté du prévenu qui s’engage à se conformer à l’ordonnance du tribunal lui enjoignant d’accomplir un ou plusieurs des actes suivants :

a) se présenter, aux moments indiqués dans l’ordonnance, à un agent de la paix ou à une autre personne désignés dans l’ordonnance;

b) rester dans la juridiction territoriale spécifiée dans l’ordonnance;

c) notifier à l’agent de la paix ou autre personne désignés en vertu de l’alinéa a) tout changement d’adresse, d’emploi ou d’occupation;

d) s’abstenir de communiquer avec tout témoin ou autre personne expressément nommés dans l’ordonnance si ce n’est en conformité avec telles conditions spécifiées dans l’ordonnance que le juge estime nécessaires;

e) lorsque le prévenu est détenteur d’un passeport, déposer son passeport ainsi que le spécifie l’ordonnance;

f) observer telles autres conditions raisonnables, spécifiées dans l’ordonnance, que le juge estime opportunes.

Période déterminée

(4) Le tribunal qui décerne un mandat d’arrestation peut y indiquer une période pendant laquelle l’exécution du mandat est suspendue pour permettre à l’accusé de comparaître volontairement devant le tribunal ayant compétence dans la circonscription territoriale où le mandat a été décerné.

Comparution volontaire du prévenu

(5) Si l’accusé visé par un mandat d’arrestation comparaît volontairement, le mandat est réputé avoir été exécuté.

L.R. (1985), ch. C-46, art. 597; L.R. (1985), ch. 27 (1er suppl.), art. 121; 1997, ch. 18, art. 68.

Renonciation au choix

598. (1) Nonobstant toute autre disposition de la présente loi, la personne visée au paragraphe 597(1) qui a ou est réputée avoir choisi d’être jugée par un tribunal composé d’un juge et d’un jury et qui n’a pas choisi à nouveau, avant le moment de son défaut de comparaître ou de son absence au procès, d’être jugée par un tribunal composé d’un juge ou d’un juge de la cour provinciale sans jury ne sera jugée selon son premier choix que dans les cas suivants :

a) elle prouve à la satisfaction d’un juge du tribunal devant lequel elle est mise en accusation l’existence d’excuses légitimes;

b) le procureur général le requiert, conformément aux articles 568 ou 569.

Présomption de choix

(2) L’accusé qui ne peut pas être jugé par un tribunal composé d’un juge et d’un jury, conformément au paragraphe (1), est réputé avoir choisi, en vertu des articles 536 ou 536.1, d’être jugé sans jury par un juge du tribunal où il est accusé, les articles 561 ou 561.1 ne s’appliquant pas au prévenu.

L.R. (1985), ch. C-46, art. 598; L.R. (1985), ch. 27 (1er suppl.), art. 122, 185(F) et 203(A); 1999, ch. 3, art. 51; 2002, ch. 13, art. 48(A).

Version précédente

Renvoi de l’affaire devant le tribunal d’une autre circonscription territoriale Motifs du renvoi

599. (1) Un tribunal devant lequel un prévenu est ou peut être mis en accusation à l’une de ses sessions, ou un juge qui peut tenir ce tribunal ou y siéger, peut, à tout moment avant ou après la mise en accusation, à la demande du poursuivant ou du prévenu ordonner la tenue du procès dans une circonscription territoriale de la même province autre que celle où l’infraction serait autrement jugée, dans l’un ou l’autre des cas suivants :

a) la chose paraît utile aux fins de la justice;

b) une autorité compétente a ordonné qu’un jury ne soit pas convoqué à l’époque fixée dans une circonscription territoriale où le procès aurait lieu autrement, en vertu de la loi.

(2) [Abrogé, L.R. (1985), ch. 1 (4e suppl.), art. 16]

Conditions quant aux frais

(3) Le tribunal ou un juge peut, dans une ordonnance rendue à la demande du poursuivant sous le régime du paragraphe (1), prescrire les conditions qui lui paraissent appropriées quant au paiement des dépenses additionnelles causées à l’accusé par le renvoi de l’affaire devant un tribunal d’une autre circonscription territoriale.

Transmission du dossier

(4) Lorsqu’une ordonnance est rendue en vertu du paragraphe (1), le fonctionnaire ayant la garde de l’acte d’accusation, s’il en est, et des écrits et pièces se rapportant à la poursuite, les transmet immédiatement au greffier du tribunal devant lequel l’ordonnance prescrit que le procès aura lieu, et toutes les procédures dans la cause sont intentées ou, si elles sont déjà commencées, sont continuées, devant ce tribunal.

Idem

(5) Lorsque les écrits et pièces mentionnés au paragraphe (4) n’ont pas été retournés au tribunal où le procès devait avoir lieu au moment où une ordonnance est rendue pour changer le lieu du procès, la personne qui obtient l’ordonnance en fait signifier une copie conforme à la personne qui a la garde des écrits et pièces, et celle-ci les transmet dès lors au greffier du tribunal où doit avoir lieu le procès.

L.R. (1985), ch. C-46, art. 599; L.R. (1985), ch. 1 (4e suppl.), art. 16.

Une ordonnance permet de transférer le prisonnier

600. Une ordonnance rendue sous le régime de l’article 599 est un mandat, une justification et une autorisation suffisant à tous shérifs, gardiens de prison et agents de la paix pour transférer et recevoir un accusé et en disposer conformément à la teneur de l’ordonnance, et le shérif peut préposer et autoriser tout agent de la paix à transférer l’accusé à une prison de la circonscription territoriale où il est ordonné que le procès aura lieu.

S.R., ch. C-34, art. 528.

Modification Modification d’un acte ou d’un chef d’accusation défectueux

601. (1) Une objection à un acte d’accusation ou à un de ses chefs d’accusation, pour un vice de forme apparent à sa face même, est présentée par requête pour faire annuler l’acte ou le chef d’accusation, avant que le prévenu ait plaidé, et, par la suite, seulement sur permission du tribunal devant lequel se déroulent les procédures, et un tribunal devant lequel une objection est présentée aux termes du présent article peut, si la chose lui paraît nécessaire, ordonner que l’acte ou le chef d’accusation soit modifié afin de remédier au vice indiqué.

Modification en cas de divergence

(2) Sous réserve des autres dispositions du présent article, un tribunal peut, lors du procès sur un acte d’accusation, modifier l’acte d’accusation ou un des chefs qu’il contient, ou un détail fourni en vertu de l’article 587, afin de rendre l’acte ou le chef d’accusation ou le détail conforme à la preuve, s’il y a une divergence entre la preuve et :

a) un chef de l’acte d’accusation tel que présenté;

b) un chef de l’acte d’accusation :

(i) tel que modifié,

(ii) tel qu’il l’aurait été, s’il avait été modifié en conformité avec tout détail fourni aux termes de l’article 587.

Modification d’un acte d’accusation

(3) Sous réserve des autres dispositions du présent article, un tribunal modifie, à tout stade des procédures, l’acte d’accusation ou un des chefs qu’il contient, selon qu’il est nécessaire, lorsqu’il paraît que, selon le cas :

a) l’acte d’accusation a été présenté en vertu d’une loi fédérale au lieu d’une autre;

b) l’acte d’accusation ou l’un de ses chefs :

(i) n’énonce pas ou énonce défectueusement quelque chose qui est nécessaire pour constituer l’infraction,

(ii) ne réfute pas une exception qui devrait être réfutée,

(iii) est de quelque façon défectueux en substance,

et les choses devant être alléguées dans la modification projetée sont révélées par la preuve recueillie lors de l’enquête préliminaire ou au procès;

c) l’acte d’accusation ou l’un de ses chefs comporte un vice de forme quelconque.

Ce que le tribunal examine

(4) Le tribunal examine, en considérant si une modification devrait ou ne devrait pas être faite :

a) les faits révélés par la preuve recueillie lors de l’enquête préliminaire;

b) la preuve recueillie lors du procès, s’il en est;

c) les circonstances de l’espèce;

d) la question de savoir si l’accusé a été induit en erreur ou lésé dans sa défense par une divergence, erreur ou omission mentionnée au paragraphe (2) ou (3);

e) la question de savoir si, eu égard au fond de la cause, la modification projetée peut être apportée sans qu’une injustice soit commise.

Divergences mineures

(4.1) Une divergence entre l’acte d’accusation ou l’un de ses chefs et la preuve recueillie importe peu à l’égard :

a) du moment où l’infraction est présumée avoir été commise, s’il est prouvé que l’acte d’accusation a été présenté dans le délai prescrit, s’il en est;

b) de l’endroit où l’objet des procédures est présumé avoir pris naissance, s’il est prouvé qu’il a pris naissance dans les limites de la juridiction territoriale du tribunal.

Ajournement si l’accusé est lésé

(5) Si, de l’avis du tribunal, l’accusé a été induit en erreur ou a subi un préjudice dans sa défense par une divergence, erreur ou omission dans l’acte d’accusation ou l’un de ses chefs, le tribunal peut, s’il estime qu’un ajournement ferait disparaître cette impression erronée ou ce préjudice, ajourner les procédures à une date ou à une séance du tribunal qu’il spécifie; il peut aussi rendre l’ordonnance qu’il juge à propos à l’égard des frais que cause la nécessité de la modification.

Question de droit

(6) La question de savoir si doit être accordée ou refusée une ordonnance en vue de la modification d’un acte d’accusation ou de l’un de ses chefs constitue une question de droit.

Mention sur l’acte d’accusation

(7) Une ordonnance qui modifie un acte d’accusation ou l’un de ses chefs est inscrite sur l’acte d’accusation, comme partie du dossier, et les procédures suivent leur cours comme si l’acte d’accusation ou le chef d’accusation avait été originairement présenté selon la modification.

Erreurs non essentielles

(8) Une erreur dans l’en-tête d’un acte d’accusation est corrigée dès qu’elle est découverte, mais il est indifférent qu’elle le soit ou non.

Limitation

(9) Le pouvoir, pour un tribunal, de modifier des actes d’accusation ne l’autorise pas à ajouter aux actes manifestes énoncés dans un acte d’accusation de haute trahison ou de trahison ou d’infraction visée à l’un des articles 49, 50, 51 ou 53.

Définition de « tribunal »

(10) Au présent article, « tribunal » s’entend d’un tribunal, d’un juge, d’un juge de paix ou d’un juge d’une cour provinciale agissant dans des procédures sommaires ou des procédures relatives à un acte criminel.

Application

(11) Le présent article s’applique à toutes les procédures, y compris l’enquête préliminaire, compte tenu des adaptations de circonstance.

L.R. (1985), ch. C-46, art. 601; L.R. (1985), ch. 27 (1er suppl.), art. 123; 1999, ch. 5, art. 23(A).

602. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 124]

Inspection et copies des documents Droit de l’accusé

603. Un accusé a droit, après qu’il a été renvoyé pour subir son procès ou lors de son procès :

a) d’examiner sans frais l’acte d’accusation, sa propre déclaration, la preuve et les pièces, s’il en est;

b) de recevoir, sur paiement d’une taxe raisonnable, déterminée d’après un tarif fixé ou approuvé par le procureur général de la province une copie :

(i) de la preuve,

(ii) de sa propre déclaration, s’il en est,

(iii) de l’acte d’accusation;

toutefois, le procès ne peut être remis pour permettre à l’accusé d’obtenir des copies, à moins que le tribunal ne soit convaincu que le défaut de l’accusé de les obtenir avant le procès n’est pas attribuable à un manque de diligence de la part de l’accusé.

L.R. (1985), ch. C-46, art. 603; L.R. (1985), ch. 27 (1er suppl.), art. 101(A).

604. [Abrogé, 1997, ch. 18, art. 69]

Communication des pièces aux fins d’épreuve ou d’examen

605. (1) Un juge d’une cour supérieure de juridiction criminelle ou d’une cour de juridiction criminelle peut, sur demande sommaire au nom de l’accusé ou du poursuivant, après un avis de trois jours donné à l’accusé ou au poursuivant, selon le cas, ordonner la communication de toute pièce aux fins d’épreuve ou d’examen scientifique ou autre, sous réserve des conditions estimées utiles pour assurer la protection de la pièce et sa conservation afin qu’elle serve au procès.

Désobéissance à une ordonnance

(2) Quiconque omet de se conformer aux termes d’une ordonnance rendue en vertu du paragraphe (1) est coupable d’outrage au tribunal et peut être traité sommairement par le juge ou le juge de la cour provinciale qui a rendu l’ordonnance ou devant qui le procès du prévenu a lieu.

L.R. (1985), ch. C-46, art. 605; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Plaidoyers Plaidoyers

606. (1) L’accusé appelé à plaider peut s’avouer coupable ou nier sa culpabilité ou présenter les seuls moyens de défense spéciaux qu’autorise la présente partie.

Acceptation du plaidoyer de culpabilité

(1.1) Le tribunal ne peut accepter un plaidoyer de culpabilité que s’il est convaincu que les conditions suivantes sont remplies :

a) le prévenu fait volontairement le plaidoyer;

b) le prévenu :

(i) comprend que, en le faisant, il admet les éléments essentiels de l’infraction en cause,

(ii) comprend la nature et les conséquences de sa décision,

(iii) sait que le tribunal n’est lié par aucun accord conclu entre lui et le poursuivant.

Validité du plaidoyer

(1.2) L’omission du tribunal de procéder à un examen approfondi pour vérifier la réalisation des conditions visées au paragraphe (1.1) ne porte pas atteinte à la validité du plaidoyer.

Refus de plaider

(2) En cas de refus de plaider ou de réponse indirecte de l’accusé, le tribunal ordonne au greffier d’inscrire un plaidoyer de non-culpabilité.

Délai

(3) L’accusé n’est pas admis, de droit, à faire remettre son procès, mais le tribunal, s’il estime qu’il y a lieu de lui accorder un délai plus long pour plaider, proposer l’arrêt des procédures, préparer sa défense ou pour tout autre motif, peut ajourner le procès à une date ultérieure de la session ou à toute session subséquente, aux conditions qu’il juge appropriées.

Infraction incluse ou autre

(4) Nonobstant toute autre disposition de la présente loi, le tribunal peut, avec le consentement du poursuivant, accepter le plaidoyer de culpabilité de l’accusé ou du défendeur qui, tout en niant sa culpabilité à l’égard de l’infraction dont il est inculpé, s’avoue coupable d’une autre infraction se rapportant à la même affaire, qu’il s’agisse ou non d’une infraction incluse et, si ce plaidoyer est accepté, le tribunal doit déclarer l’accusé ou le défendeur non coupable de l’infraction dont il est inculpé, déclarer l’accusé ou le défendeur coupable de l’infraction à l’égard de laquelle son plaidoyer de culpabilité a été accepté et consigner ces déclarations au dossier du tribunal.

Présence à distance

(5) Il est entendu que les paragraphes 650(1.1) et (1.2) s’appliquent, avec les adaptations nécessaires, au plaidoyer visé au présent article si l’accusé a consenti à l’utilisation d’un moyen prévu à l’un de ces paragraphes.

L.R. (1985), ch. C-46, art. 606; L.R. (1985), ch. 27 (1er suppl.), art. 125; 2002, ch. 13, art. 49.

Moyens de défense spéciaux

607. (1) Un accusé peut invoquer les moyens de défense spéciaux :

a) d’autrefois acquit;

b) d’autrefois convict;

c) de pardon.

En cas de libelle

(2) Un prévenu qui est accusé de libelle diffamatoire peut présenter des moyens de défense conformes aux articles 611 et 612.

Manière de disposer des défenses

(3) Le juge statue sans jury sur les défenses d’autrefois acquit, d’autrefois convict et de pardon, avant que l’accusé soit appelé à plaider davantage.

Fin des plaidoyers

(4) L’accusé contre lequel il a été statué sur les défenses mentionnées au paragraphe (3) peut s’avouer coupable ou nier sa culpabilité.

Déclaration suffisante

(5) Si un accusé invoque la défense d’autrefois acquit ou d’autrefois convict, il suffit :

a) qu’il déclare avoir été légalement acquitté, reconnu coupable ou absous conformément au paragraphe 730(1), selon le cas, de l’infraction imputée dans le chef d’accusation auquel se rapporte le plaidoyer;

b) qu’il indique la date et le lieu de l’acquittement, de la déclaration de culpabilité ou de l’absolution conformément au paragraphe 730(1).

Exception : procès à l’étranger

(6) Bien qu’elle soit réputée avoir subi un procès et avoir été traitée au Canada en vertu du paragraphe 12(1) de la Loi sur les crimes contre l’humanité et les crimes de guerre ou du paragraphe 7(6), selon le cas, la personne censée avoir commis, à l’étranger, un acte ou une omission constituant une infraction au Canada en raison des paragraphes 7(2) à (3.4) et (3.7) ou une infraction visée à la Loi sur les crimes contre l’humanité et les crimes de guerre, et à l’égard duquel elle a subi un procès et a été reconnue coupable à l’étranger, ne peut invoquer la défense d’autrefois convict à l’égard d’un chef d’accusation relatif à cet acte ou cette omission lorsque :

a) d’une part, cette personne n’était pas présente au procès ni représentée par l’avocat qu’elle avait mandaté;

b) d’autre part, la peine infligée à l’égard de l’acte ou du fait n’a pas été purgée.

L.R. (1985), ch. C-46, art. 607; L.R. (1985), ch. 27 (1er suppl.), art. 126, ch. 30 (3e suppl.), art. 2, ch. 1 (4e suppl.), art. 18(F); 1992, ch. 1, art. 60(F); 1995, ch. 22, art. 10; 2000, ch. 24, art. 45.

Preuve de l’identité des accusations

608. Lorsqu’une contestation sur une défense d’autrefois acquit ou d’autrefois convict est jugée, la preuve et décision et les notes du juge et du sténographe officiel lors du procès antérieur, ainsi que le dossier transmis au tribunal conformément à l’article 551 sur l’accusation pendante devant ce tribunal, sont admissibles en preuve pour établir ou pour réfuter l’identité des inculpations.

S.R., ch. C-34, art. 536.

Ce qui détermine l’identité

609. (1) Lorsqu’une contestation sur une défense d’autrefois acquit ou d’autrefois convict à l’égard d’un chef d’accusation est jugée et qu’il paraît :

a) d’une part, que l’affaire au sujet de laquelle l’accusé a été remis entre les mains de l’autorité compétente lors du procès antérieur est la même, en totalité ou en partie, que celle sur laquelle il est proposé de le remettre entre les mains de l’autorité compétente;

b) d’autre part, que, lors du procès antérieur, s’il avait été apporté toutes les modifications pertinentes qui auraient pu alors être faites, l’accusé aurait pu avoir été reconnu coupable de toutes les infractions dont il peut être convaincu sous le chef d’accusation en réponse auquel la défense d’autrefois acquit ou d’autrefois convict est invoquée,

le juge rend un jugement libérant l’accusé de ce chef d’accusation.

Moyen de défense spécial permis en partie

(2) Lorsqu’une contestation sur une défense d’autrefois acquit ou d’autrefois convict est jugée, les dispositions suivantes s’appliquent :

a) s’il paraît que l’accusé aurait pu, lors du procès antérieur, avoir été reconnu coupable d’une infraction dont il peut être déclaré coupable sous le chef d’accusation en cause, le juge ordonne que l’accusé ne soit pas déclaré coupable d’une infraction dont il aurait pu être convaincu lors du procès antérieur;

b) s’il paraît que l’accusé peut être déclaré coupable, sous le chef d’accusation en cause, d’une infraction dont il n’aurait pas pu être convaincu lors du procès antérieur, l’accusé doit s’avouer coupable ou nier sa culpabilité à l’égard de cette infraction.

S.R., ch. C-34, art. 537.

Circonstances aggravantes

610. (1) Lorsqu’un acte d’accusation impute sensiblement la même infraction que celle qui est portée dans un acte d’accusation sur lequel un prévenu a été antérieurement reconnu coupable ou acquitté, mais ajoute un énoncé d’intention ou de circonstances aggravantes tendant, si elles sont prouvées, à accroître la peine, la déclaration antérieure de culpabilité ou l’acquittement antérieur constitue une fin de non-recevoir contre l’acte d’accusation subséquent.

Effet d’une accusation antérieure de meurtre ou d’homicide involontaire coupable

(2) Une déclaration de culpabilité ou un acquittement sur un acte d’accusation de meurtre constitue une fin de non-recevoir contre un acte d’accusation subséquent pour le même homicide l’imputant comme homicide involontaire coupable ou infanticide, et une déclaration de culpabilité ou un acquittement sur un acte d’accusation d’homicide involontaire coupable ou d’infanticide constitue une fin de non-recevoir contre un acte d’accusation subséquent pour le même homicide l’imputant comme meurtre.

Accusations antérieures de meurtre au premier degré

(3) Une déclaration de culpabilité ou un acquittement sur un acte d’accusation de meurtre au premier degré constitue une fin de non-recevoir contre un acte d’accusation subséquent pour le même homicide l’imputant comme meurtre au deuxième degré et une déclaration de culpabilité ou un acquittement sur un acte d’accusation de meurtre au deuxième degré constitue une fin de non-recevoir contre un acte d’accusation subséquent pour le même homicide l’imputant comme meurtre au premier degré.

Effet d’une accusation antérieure d’infanticide ou d’homicide involontaire coupable

(4) Une déclaration de culpabilité ou un acquittement sur un acte d’accusation d’infanticide constitue une fin de non-recevoir contre un acte d’accusation subséquent pour le même homicide l’imputant comme homicide involontaire coupable, et une déclaration de culpabilité ou un acquittement sur un acte d’accusation d’homicide involontaire coupable constitue une fin de non-recevoir contre un acte d’accusation subséquent pour le même homicide l’imputant comme infanticide.

S.R., ch. C-34, art. 538; 1973-74, ch. 38, art. 5; 1974-75-76, ch. 105, art. 9.

Plaidoyer de justification en matière de libelle

611. (1) Un prévenu inculpé de publication de libelle diffamatoire peut invoquer comme défense que la chose diffamatoire par lui publiée était vraie et qu’il était d’intérêt public qu’elle fût publiée de la manière dont elle a été publiée, et à l’époque où elle l’a été.

Lorsque plus d’un sens est allégué

(2) Une défense invoquée en vertu du paragraphe (1) peut justifier la matière diffamatoire dans tout sens où elle est spécifiée dans le chef d’accusation, ou dans le sens que la matière diffamatoire comporte sans être spécifiée, ou des défenses distinctes justifiant la matière diffamatoire dans chacun des sens peuvent être invoquées séparément pour chaque chef d’accusation, comme s’il avait été imputé deux libelles dans des chefs d’accusation séparés.

Plaidoyer par écrit

(3) Une défense prévue par le paragraphe (1) est établie par écrit et expose les faits particuliers en raison desquels il est allégué qu’il fallait, pour le bien public, publier cette chose.

Réplique

(4) Le poursuivant peut, dans sa réplique, nier d’une manière générale la vérité d’une défense invoquée en vertu du présent article.

S.R., ch. C-34, art. 539.

Un plaidoyer de justification est nécessaire

612. (1) La vérité des matières imputées dans un prétendu libelle ne peut être examinée en l’absence d’un plaidoyer de justification prévu par l’article 611, à moins que le prévenu ne soit accusé d’avoir publié le libelle, sachant qu’il était faux. Dans ce cas, la preuve de la vérité peut être faite afin de réfuter l’allégation selon laquelle le prévenu savait que le libelle était faux.

Plaidoyer de non-culpabilité en plus

(2) L’accusé peut, en plus d’un plaidoyer fait en vertu de l’article 611, nier sa culpabilité, et les plaidoyers sont examinés ensemble.

Effet du plaidoyer sur la peine

(3) Lorsqu’un plaidoyer de justification est invoqué et que l’accusé est déclaré coupable, le tribunal peut, en prononçant la sentence, considérer si la culpabilité de l’accusé est aggravée ou atténuée par le plaidoyer.

S.R., ch. C-34, art. 540.

Plaidoyer de non-culpabilité

613. Tout motif de défense pour lequel un plaidoyer spécial n’est pas prévu par la présente loi peut être invoqué en vertu du plaidoyer de non-culpabilité.

S.R., ch. C-34, art. 541.

614. à 619. [Abrogés, 1991, ch. 43, art. 3]

Organisations Comparution par avocat

620. Toute organisation contre laquelle un acte d’accusation est déposé comparaît et plaide par avocat ou représentant.

L.R. (1985), ch. C-46, art. 620; 1997, ch. 18, art. 70; 2003, ch. 21, art. 11.

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Avis à l’organisation

621. (1) Le greffier du tribunal ou le poursuivant peut faire signifier à l’organisation contre laquelle un acte d’accusation est déposé un avis à cet effet.

Contenu de l’avis

(2) Le cas échéant, l’avis indique la nature et la teneur de l’acte d’accusation et fait savoir que, à moins que l’organisation ne comparaisse à la date qui y est spécifiée ou à celle fixée en vertu du paragraphe 548(2.1) et n’inscrive un plaidoyer, le tribunal inscrira pour l’accusée un plaidoyer de non-culpabilité et il sera procédé à l’instruction de l’acte d’accusation comme si l’organisation avait comparu et inscrit un plaidoyer.

L.R. (1985), ch. C-46, art. 621; 1997, ch. 18, art. 71; 2003, ch. 21, art. 11.

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Procédure à suivre si l’organisation ne comparaît pas

622. Lorsqu’une organisation ne se conforme pas à l’avis prévu à l’article 621, le juge qui préside peut, sur preuve de la signification de l’avis, ordonner au greffier du tribunal d’inscrire un plaidoyer de non-culpabilité au nom de l’organisation, le plaidoyer ayant la même valeur que si l’organisation avait comparu par son avocat ou représentant et présenté ce plaidoyer.

L.R. (1985), ch. C-46, art. 622; 1997, ch. 18, art. 72; 2003, ch. 21, art. 11.

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Procès d’une organisation

623. Lorsque l’organisation comparaît et répond à l’acte d’accusation ou qu’un plaidoyer de non-culpabilité est inscrit sur l’ordre du tribunal conformément à l’article 622, le tribunal procède à l’instruction de l’acte d’accusation et, si l’organisation est déclarée coupable, l’article 735 s’applique.

L.R. (1985), ch. C-46, art. 623; 1995, ch. 22, art. 10; 2003, ch. 21, art. 11.

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Dossier des procédures Comment il est établi

624. (1) En établissant le dossier d’une condamnation ou d’un acquittement sur un acte d’accusation, il suffit de copier l’acte d’accusation et le plaidoyer présenté, sans en-tête ou intitulé formel.

Dossier des procédures

(2) Le tribunal tient un dossier de chaque interpellation de l’accusé et des procédures subséquentes à l’interpellation.

S.R., ch. C-34, art. 552.

Forme du dossier en cas de modification

625. Lorsqu’il est nécessaire d’établir un dossier formel dans le cas de procédures où l’acte d’accusation a été modifié, le dossier est préparé en la forme dans laquelle l’acte d’accusation subsistait après la modification, sans mentionner le fait qu’il a été modifié.

S.R., ch. C-34, art. 553.

Conférence préparatoire Conférence préparatoire

625.1 (1) Sous réserve du paragraphe (2), sur demande du poursuivant ou de l’accusé ou de sa propre initiative, le tribunal ou un juge de ce tribunal, le juge, le juge d’une cour provinciale ou le juge de paix devant qui des procédures doivent se dérouler peut, en vue de favoriser une audition rapide et équitable, ordonner qu’une conférence préparatoire entre les parties ou leurs avocats, présidée par le tribunal, juge, juge d’une cour

provinciale ou juge de paix, selon le cas, soit tenue afin de discuter des questions qui peuvent être résolues plus efficacement avant le début des procédures et de toute autre question semblable, et des mesures utiles en l’espèce.

Conférences obligatoires dans le cas des procès par jury

(2) Lors d’un procès par jury, un juge du tribunal devant lequel l’accusé doit subir son procès ordonne, avant le procès, la tenue d’une conférence préparatoire entre les parties ou leurs avocats, présidée par un juge de ce tribunal, afin de discuter de ce qui serait de nature à favoriser un procès rapide et équitable; la conférence est tenue en conformité avec les règles établies en vertu des articles 482 et 482.1.

L.R. (1985), ch. 27 (1er suppl.), art. 127, ch. 1 (4e suppl.), art. 45(F); 1997, ch. 18, art. 73; 2002, ch. 13, art. 50.

Jurys Aptitude et assignation des jurés

626. (1) Sont aptes aux fonctions de juré dans des procédures criminelles engagées dans une province les personnes qui remplissent les conditions déterminées par la loi provinciale applicable et sont assignées en conformité avec celle-ci.

Égalité des sexes

(2) Par dérogation aux lois provinciales visées au paragraphe (1), l’appartenance à l’un ou l’autre sexe ne constitue ni une cause d’incapacité d’exercice, ni une cause de dispense, des fonctions de juré dans des procédures criminelles.

L.R. (1985), ch. C-46, art. 626; L.R. (1985), ch. 27 (1er suppl.), art. 128.

Juge présidant le procès

626.1 Le juge présidant le procès est le juge qui a participé à la constitution du jury ou un juge de la même juridiction.

2002, ch. 13, art. 51.

Aide à un juré

627. Le juge peut permettre au juré ayant une déficience physique mais qui est capable de remplir d’une manière convenable ses fonctions d’utiliser une aide technique, personnelle ou autre, ou des services d’interprétation.

L.R. (1985), ch. C-46, art. 627; L.R. (1985), ch. 2 (1er suppl.), art. 1; 1998, ch. 9, art. 4.

Récusation du tableau des jurés 628. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 129]

Récusation du tableau

629. (1) Le poursuivant ou l’accusé ne peut demander la récusation du tableau des jurés que pour l’un des motifs suivants : partialité, fraude ou inconduite délibérée du shérif ou des autres fonctionnaires qui ont constitué le tableau.

Par écrit

(2) Une récusation faite sous le régime du paragraphe (1) se fait par écrit et déclare que celui qui a rapporté la liste a été partial, a agi frauduleusement ou s’est mal conduit volontairement, selon le cas.

Formule

(3) Une récusation prévue par le présent article peut être rédigée selon la formule 40.

L.R. (1985), ch. C-46, art. 629; L.R. (1985), ch. 27 (1er suppl.), art. 130.

Vérification des motifs de récusation

630. Lorsqu’une récusation est faite selon l’article 629, le juge détermine si le motif de récusation allégué est fondé ou non, et lorsqu’il est convaincu que le motif allégué est fondé, il ordonne la présentation d’une nouvelle liste de jurés.

S.R., ch. C-34, art. 559.

Formation de la liste du jury Inscription sur des cartes

631. (1) Le nom de chaque juré figurant au tableau, son numéro au tableau et son adresse sont inscrits sur une carte; les cartes sont de format identique.

Déposées dans une boîte

(2) Le shérif ou autre fonctionnaire qui rapporte la liste remet les cartes mentionnées au paragraphe (1) au greffier du tribunal, et ce dernier les fait placer dans une boîte fournie à cette fin et mêler complètement ensemble.

Jurés suppléants

(2.1) S’il estime indiqué, dans l’intérêt de la justice, qu’il y ait un ou deux jurés suppléants, le juge l’ordonne avant que le greffier procède au tirage en vertu des paragraphes (3) ou (3.1).

Tirage par le greffier du tribunal

(3) Si le tableau des jurés n’est pas récusé, ou s’il l’est mais que le juge n’ordonne pas la présentation d’une nouvelle liste, le greffier du tribunal tire, en pleine audience, l’une après l’autre les cartes mentionnées au paragraphe (1) et appelle les nom et numéro inscrits sur chaque carte au fur et à mesure que les cartes sont tirées, jusqu’à ce que le nombre de personnes ayant répondu soit, de l’avis du juge, suffisant pour constituer un jury complet et pourvoir les postes de jurés suppléants le cas échéant, après qu’il a été pourvu aux dispenses, aux récusations et aux mises à l’écart.

Procédure exceptionnelle

(3.1) Sur demande du poursuivant ou de sa propre initiative, le tribunal ou le juge du tribunal devant qui doit se tenir le procès avec jury peut, s’il estime que cela est dans l’intérêt de la bonne administration de la justice, et notamment en vue d’assurer la sécurité des jurés ou la confidentialité de leur identité, ordonner que seul le numéro inscrit sur la carte soit appelé par le greffier dans le cadre du paragraphe (3).

Chaque juré est assermenté

(4) Le greffier du tribunal assermente chaque membre du jury et, le cas échéant, chaque juré suppléant, suivant l’ordre dans lequel les cartes des jurés ont été tirées ainsi que toute personne qui fournit une aide technique, personnelle ou autre, ou des services d’interprétation, aux membres du jury ayant une déficience physique.

Tirage d’autres noms ou de numéros au besoin

(5) Lorsque le nombre de ceux qui ont répondu à l’appel en conformité avec les paragraphes (3) ou (3.1) ne suffit pas pour constituer un jury complet et pourvoir les postes de jurés suppléants le cas échéant, le greffier du tribunal procède en conformité avec les paragraphes (3), (3.1) et (4) jusqu’à ce que douze jurés et les jurés suppléants soient assermentés.

Demande de non-publication

(6) Sur demande du poursuivant ou de sa propre initiative, le tribunal ou le juge du tribunal devant qui doit se tenir le procès avec jury peut, s’il a rendu une ordonnance au titre du paragraphe (3.1), interdire de publier ou de diffuser de quelque façon que ce soit l’identité des jurés ou des renseignements qui permettraient de la découvrir, s’il est convaincu que la bonne administration de la justice l’exige.

L.R. (1985), ch. C-46, art. 631; L.R. (1985), ch. 27 (1 er suppl.), art. 131; 1992, ch. 41, art. 1; 1998, ch. 9, art. 5; 2001, ch. 32, art. 38 et 82; 2002, ch. 13, art. 52; 2005, ch. 32, art. 20.

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Dispenses

632. Le juge peut, avant le début du procès, dispenser un juré, que son nom ou son numéro ait ou non été tiré en application des paragraphes 631(3) ou (3.1) ou qu’une demande de récusation ait été ou non présentée à son égard, dans les cas suivants :

a) intérêt personnel dans l’affaire à être jugée;

b) liens avec le juge participant à la constitution du jury, le juge devant présider le procès, le poursuivant, l’accusé ou son avocat ou un témoin;

c) toute raison valable qu’il considère acceptable, y compris un inconvénient personnel sérieux pour le juré.

L.R. (1985), ch. C-46, art. 632; 1992, ch. 41, art. 2; 2001, ch. 32, art. 39; 2002, ch. 13, art. 53.

Mise à l’écart

633. Le juge peut ordonner qu’un juré dont le nom ou le numéro a été tiré en application des paragraphes 631(3) ou (3.1) se tienne à l’écart pour toute raison valable, y compris un inconvénient personnel sérieux pour le juré.

L.R. (1985), ch. C-46, art. 633; L.R. (1985), ch. 27 (1er suppl.), art. 185(F); 1992, ch. 41, art. 2; 2001, ch. 32, art. 40.

Récusations péremptoires

634. (1) Un juré peut faire l’objet d’une récusation péremptoire qu’il ait ou non déjà fait l’objet d’une demande de récusation présentée en application de l’article 638.

Nombre maximal

(2) Sous réserve des paragraphes (2.1) à (4), le poursuivant et l’accusé ont le droit de récuser péremptoirement le nombre de jurés suivant :

a) vingt, dans le cas où l’accusé est inculpé de haute trahison ou de meurtre au premier degré;

b) douze, dans les cas où l’accusé est inculpé d’une infraction autre que celles mentionnées à l’alinéa a) et punissable d’un emprisonnement de plus de cinq ans;

c) quatre, dans le cas où l’accusé est inculpé d’une infraction autre que celles mentionnées aux alinéas a) ou b).

Jurés suppléants

(2.1) Si le juge ordonne la sélection de jurés suppléants, le nombre total de récusations péremptoires, d’une part pour la poursuite et d’autre part pour la défense, est augmenté d’un nombre égal à celui des jurés suppléants.

Récusations péremptoires additionnelles

(2.2) Lorsqu’il faut pourvoir au remplacement d’un juré aux termes du paragraphe 644(1.1), il est accordé au poursuivant et à l’accusé une récusation péremptoire pour chaque juré à remplacer.

Pluralité de chefs d’accusation

(3) Les nombres de récusations péremptoires mentionnés au paragraphe (2) ne s’additionnent pas lorsqu’il y a plusieurs chefs dans un acte d’accusation; seul le plus grand est retenu.

Procès conjoint

(4) Lorsque plusieurs accusés subissent leur procès en même temps :

a) chacun a droit au nombre de récusations péremptoires auquel il aurait droit s’il subissait son procès seul;

b) le poursuivant a droit à un nombre de récusations péremptoires égal au total de celles dont peuvent se prévaloir tous les accusés.

L.R. (1985), ch. C-46, art. 634; 1992, ch. 41, art. 2; 2002, ch. 13, art. 54; 2008, ch. 18, art. 25.

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Ordre des récusations

635. (1) C’est d’abord à l’accusé qu’il est demandé s’il procédera à la récusation, pour cause ou péremptoire, du premier juré; par la suite, c’est à tour de rôle au poursuivant et à l’accusé qu’il est demandé en premier de procéder à la récusation pour chacun des autres jurés.

Cas des coaccusés

(2) Dans le cas des coaccusés, chacun d’eux procède successivement — dans l’ordre d’inscription de leur nom sur l’acte d’accusation ou dans celui dont ils sont convenus — à la récusation du premier juré avant le poursuivant et, pour les autres jurés, selon l’alternance visée au paragraphe (1).

L.R. (1985), ch. C-46, art. 635; L.R. (1985), ch. 2 (1er suppl.), art. 2; 1992, ch. 41, art. 2.

636. et 637. [Abrogés, 1992, ch. 41, art. 2]

Récusation motivée

638. (1) Un poursuivant ou un accusé a droit à n’importe quel nombre de récusations pour l’un ou l’autre des motifs suivants :

a) le nom d’un juré ne figure pas sur la liste, mais aucune erreur de nom ou de désignation ne peut être un motif de récusation lorsque le tribunal est d’avis que la description portée sur la liste désigne suffisamment la personne en question;

b) un juré n’est pas impartial entre la Reine et l’accusé;

c) un juré a été déclaré coupable d’une infraction pour laquelle il a été condamné à mort ou à un emprisonnement de plus de douze mois;

d) un juré est un étranger;

e) un juré est, même avec l’aide technique, personnelle ou autre, ou avec les services d’interprétation qui pourraient lui être fournis en vertu de l’article 627, physiquement incapable de remplir d’une manière convenable les fonctions de juré;

f) un juré ne parle pas la langue officielle du Canada qui est celle de l’accusé ou la langue officielle du Canada qui permettra à l’accusé de témoigner le plus facilement ou les deux langues officielles du Canada, lorsque l’accusé doit, conformément à une ordonnance en vertu de l’article 530, subir son procès devant un juge et un jury qui parlent la langue officielle du Canada qui est celle de l’accusé ou la langue officielle du Canada qui permettra à l’accusé de témoigner le plus facilement ou qui parlent les deux langues officielles du Canada, selon le cas.

Nul autre motif

(2) Nulle récusation motivée n’est admise pour une raison non mentionnée au paragraphe (1).

(3) et (4) [Abrogés, 1997, ch. 18, art. 74]

(5) [Abrogé, L.R. (1985), ch. 31 (4e suppl.), art. 96]

L.R. (1985), ch. C-46, art. 638; L.R. (1985), ch. 27 (1er suppl.), art. 132, ch. 31 (4e suppl.), art. 96; 1997, ch. 18, art. 74; 1998, ch. 9, art. 6.

Récusation par écrit

639. (1) Lorsqu’une récusation est faite pour un motif mentionné à l’article 638, le tribunal peut, à sa discrétion, exiger que la partie qui fait la récusation la présente par écrit.

Formule

(2) Une récusation peut être rédigée selon la formule 41.

Dénégation

(3) Une récusation peut être repoussée par l’autre partie dans les procédures pour le motif qu’elle n’est pas fondée.

S.R., ch. C-34, art. 568.

Objection fondée sur l’absence d’un nom dans la liste

640. (1) Lorsque le motif d’une récusation est que le nom d’un juré ne figure pas sur la liste, la question est décidée par le juge sur voir dire par consultation de la liste et d’après telle autre preuve qu’il juge à propos de recevoir.

Autres motifs

(2) Lorsque le motif d’une récusation n’est pas celui mentionné au paragraphe (1) et qu’aucune ordonnance n’a été rendue en vertu du paragraphe (2.1), les deux derniers jurés assermentés ou, si aucun juré n’a encore été assermenté, deux personnes présentes que le tribunal peut nommer à cette fin sont assermentés pour vérifier si le motif de récusation est fondé.

Récusation motivée

(2.1) Dans le cas où la question d’une récusation motivée doit être tranchée et que le motif de la récusation n’est pas celui mentionné au paragraphe (1), le tribunal peut, sur demande de l’accusé, ordonner l’exclusion des jurés — assermentés ou non — de la salle d’audience, s’il est d’avis que cette mesure est nécessaire pour préserver l’impartialité du jury.

Ordonnance d’exclusion

(2.2) Dans le cas où une ordonnance a été rendue en vertu du paragraphe (2.1), deux jurés non assermentés, dès lors soustraits à l’ordonnance, ou deux personnes présentes que le tribunal peut nommer à cette fin sont assermentés pour vérifier si le motif de récusation est fondé. Les vérificateurs ainsi nommés conservent leurs fonctions jusqu’à ce que douze jurés et les jurés suppléants soient assermentés.

Si la récusation n’est pas maintenue, ou est maintenue

(3) S’il est établi, en application des paragraphes (1), (2) ou (2.2), que le motif de récusation n’est pas fondé, le juré est assermenté; dans le cas contraire, le juré n’est pas assermenté.

Si les vérificateurs ne s’entendent pas

(4) Si, après ce que le tribunal estime un délai raisonnable, les deux personnes assermentées pour décider si le motif de récusation est fondé ne peuvent pas s’entendre, le tribunal peut les dispenser de rendre un verdict et peut ordonner que deux autres personnes soient assermentées pour vérifier si le motif de la récusation est fondé.

L.R. (1985), ch. C-46, art. 640; 2008, ch. 18, art. 26.

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Appel des jurés mis à l’écart

641. (1) Lorsque les jurés formant un jury complet et tous les jurés suppléants, le cas échéant, n’ont pas été assermentés et qu’il ne reste plus de noms à appeler, les noms de ceux à qui il a été ordonné de se tenir à l’écart sont de nouveau appelés suivant l’ordre dans lequel ils ont été tirés; ces jurés sont assermentés, à moins qu’ils ne soient dispensés par le juge ou récusés par le prévenu ou le poursuivant.

Autres jurés devenant disponibles

(2) Si, avant qu’un juré soit assermenté selon le paragraphe (1), d’autres jurés figurant sur la liste deviennent disponibles, le poursuivant peut demander que leurs cartes soient déposées dans la boîte et en soient tirées conformément à l’article 631; ils sont dispensés, récusés, mis à l’écart ou assermentés avant que les noms ou numéros des jurés mis à l’écart en premier lieu soient appelés de nouveau.

L.R. (1985), ch. C-46, art. 641; 1992, ch. 41, art. 3; 2001, ch. 32, art. 41; 2002, ch. 13, art. 55.

Autres jurés assignés en cas d’épuisement de la liste

642. (1) Lorsque, malgré l’observation des dispositions pertinentes de la présente partie, un jury complet ne peut pas être constitué et les postes de jurés suppléants, le cas échéant,

ne peuvent être pourvus, le tribunal peut, à la demande du poursuivant, ordonner au shérif ou autre fonctionnaire compétent d’assigner sans délai le nombre de personnes, habiles à agir comme jurés ou non, que le tribunal détermine afin de constituer un jury complet et de pourvoir les postes de jurés suppléants le cas échéant.

Oralement

(2) Les jurés peuvent être assignés d’après le paragraphe (1) de vive voix, si c’est nécessaire.

Noms ajoutés à la liste

(3) Les noms des personnes assignées en vertu du présent article sont ajoutés à la liste générale pour les fins du procès, et les mêmes procédures ont lieu, concernant l’appel, la dispense et la récusation de ces personnes et leur mise à l’écart, que celles que prévoit la présente partie à l’égard des personnes nommées dans la première liste.

L.R. (1985), ch. C-46, art. 642; 1992, ch. 41, art. 4; 2002, ch. 13, art. 56.

Jurés suppléants

642.1 (1) Les jurés suppléants sont tenus de se présenter le jour du début du procès. Le cas échéant, ils prennent la place des jurés absents, selon l’ordre dans lequel leur nom a été tiré en application du paragraphe 631(3).

Dispense

(2) Est dispensé le juré suppléant qui ne prend pas alors la place d’un juré.

2002, ch. 13, art. 57.

Qui forme le jury

643. (1) Les douze jurés qui sont assermentés en conformité avec la présente partie et qui sont présents au début du procès constituent le jury qui juge les points de l’acte d’accusation.

Juré

(1.1) Le nom de tout juré assermenté, y compris celui de tout juré suppléant, est gardé à part jusqu’à ce que, selon le cas, celui-ci soit dispensé ou le jury ait rendu son verdict ou ait été libéré, sur quoi le nom est replacé dans la boîte aussi souvent que l’occasion se présente tant qu’il reste une affaire à juger devant un jury.

Instruction par le même jury

(2) Le tribunal peut instruire un procès avec le même jury, en totalité ou en partie, qui a déjà jugé ou qui a été tiré pour juger une autre affaire, sans que les jurés soient assermentés de nouveau; toutefois, si le poursuivant ou l’accusé a des objections contre l’un des jurés, ou si le tribunal en excuse un ou plusieurs, le tribunal ordonne à ces personnes de se retirer et demande que le nombre de cartes requis pour former un jury complet soit tiré et, sous réserve des autres dispositions de la présente partie relatives aux dispenses, récusations et mises à l’écart, les personnes dont les cartes sont tirées sont assermentées.

Vice de procédure

(3) Le non-respect du présent article ou des articles 631, 635 ou 641 n’atteint pas la validité d’une procédure.

L.R. (1985), ch. C-46, art. 643; 1992, ch. 41, art. 5; 2001, ch. 32, art. 42; 2002, ch. 13, art. 58.

Libération d’un juré

644. (1) Lorsque, au cours d’un procès, le juge est convaincu qu’un juré ne devrait pas, par suite de maladie ou pour une autre cause raisonnable, continuer à siéger, il peut le libérer.

Remplacement d’un juré

(1.1) Il peut le remplacer si le jury n’a encore rien entendu de la preuve en lui substituant un autre juré qu’il choisit parmi les personnes dont le nom figure au tableau et qui sont présentes au tribunal ou qu’il assigne conformément à l’article 642.

Le procès peut continuer

(2) Lorsque, au cours d’un procès, un membre du juré décède ou est libéré au titre du paragraphe (1), le jury est considéré, à toutes les fins du procès, comme demeurant régulièrement constitué, à moins que le juge n’en ordonne autrement et à condition que le nombre des jurés ne soit pas réduit à moins de dix; le procès se continuera et un verdict pourra être rendu en conséquence.

L.R. (1985), ch. C-46, art. 644; 1992, ch. 41, art. 6; 1997, ch. 18, art. 75.

Procès Instruction continue

645. (1) Le procès d’un accusé se poursuit continûment, sous réserve d’ajournement par le tribunal.

Ajournement

(2) Le juge peut ajourner le procès de temps à autre au cours d’une même session.

Ajournement formel non nécessaire

(3) À cette fin, aucun ajournement formel du procès n’est requis, et il n’est pas nécessaire d’en faire une inscription.

Questions réservées pour décision

(4) Le juge, dans une cause entendue sans jury, peut réserver sa décision définitive sur toute question soulevée au procès ou lors d’une conférence préparatoire, et sa décision, une fois donnée, est censée l’avoir été au procès.

Questions en l’absence du jury

(5) Dans le cas d’un procès par jury, le juge peut, avant que les candidats-jurés ne soient appelés en vertu des paragraphes 631(3) ou (3.1) et en l’absence de ceux-ci, décider des questions qui normalement ou nécessairement feraient l’objet d’une décision en l’absence du jury, une fois celui-ci constitué.

L.R. (1985), ch. C-46, art. 645; L.R. (1985), ch. 27 (1er suppl.), art. 133; 1997, ch. 18, art. 76; 2001, ch. 32, art. 43.

Prise des témoignages

646. Lors du procès d’une personne accusée d’un acte criminel, les dépositions des témoins pour le poursuivant et l’accusé ainsi que les exposés du poursuivant et de l’accusé ou de l’avocat de l’accusé, par voie de résumé, sont recueillis en conformité avec les dispositions de la partie XVIII relatives à la prise des témoignages aux enquêtes préliminaires, à l’exception des paragraphes 540(7) à (9).

L.R. (1985), ch. C-46, art. 646; 2002, ch. 13, art. 59.

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Jurés autorisés à se séparer

647. (1) Le juge peut, à tout moment avant que le jury se retire pour délibérer, autoriser les membres du jury à se séparer.

Sous surveillance

(2) Lorsque la permission de se séparer ne peut pas être donnée, ou n’est pas donnée, le jury est confié à la charge d’un fonctionnaire du tribunal selon que le juge l’ordonne, et

ce fonctionnaire empêche les jurés de communiquer avec quiconque, autre que lui-même ou un membre du jury, sans la permission du juge.

Réserve

(3) Le défaut de se conformer aux dispositions du paragraphe (2) n’atteint pas la validité des procédures.

Constitution d’un nouveau jury dans certains cas

(4) Lorsque le fait qu’il y a eu inobservation du présent article ou de l’article 648 est découvert avant que le verdict du jury soit rendu, le juge peut, s’il estime que cette inobservation pourrait entraîner une erreur judiciaire, dissoudre le jury et, selon le cas :

a) ordonner que l’accusé soit jugé avec un nouveau jury pendant la même session du tribunal;

b) différer le procès aux conditions que la justice peut exiger.

Rafraîchissements et logement

(5) Le juge ordonne au shérif de fournir aux jurés assermentés des rafraîchissements, des vivres et un logement convenables et suffisants pendant qu’ils sont ensemble et tant qu’ils n’ont pas rendu leur verdict.

S.R., ch. C-34, art. 576; 1972, ch. 13, art. 48.

Publication interdite

648. (1) Une fois la permission de se séparer donnée aux membres d’un jury en vertu du paragraphe 647(1), aucun renseignement concernant une phase du procès se déroulant en l’absence du jury ne peut être publié ou diffusé de quelque façon que ce soit avant que le jury ne se retire pour délibérer.

Infraction

(2) Quiconque omet de se conformer au paragraphe (1) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

(3) [Abrogé, 2005, ch. 32, art. 21]

L.R. (1985), ch. C-46, art. 648; 2005, ch. 32, art. 21.

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Divulgation des délibérations d’un jury

649. Est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire tout membre d’un jury ou toute personne qui fournit une aide technique, personnelle ou autre, ou des services d’interprétation, à un membre du jury ayant une déficience physique et qui, sauf aux fins :

a) soit d’une enquête portant sur une infraction visée au paragraphe 139(2) dont la perpétration est alléguée relativement à un juré;

b) soit de témoigner dans des procédures engagées en matière pénale relativement à une telle infraction,

divulgue tout renseignement relatif aux délibérations du jury, alors que celui-ci ne se trouvait pas dans la salle d’audience, qui n’a pas été par la suite divulgué en plein tribunal.

L.R. (1985), ch. C-46, art. 649; 1998, ch. 9, art. 7.

Présence de l’accusé

650. (1) Sous réserve des paragraphes (1.1) à (2) et de l’article 650.01, l’accusé, autre qu’une organisation, doit être présent au tribunal pendant tout son procès.

Présence à distance

(1.1) Le tribunal peut, avec le consentement du poursuivant et de l’accusé, permettre à ce dernier soit d’utiliser la télévision en circuit fermé ou tout autre moyen permettant au tribunal et à l’accusé de se voir et de communiquer simultanément, soit de permettre à l’avocat représentant l’accusé de comparaître à sa place durant tout le procès, sauf durant la présentation de la preuve testimoniale.

Présence à distance

(1.2) Le tribunal peut ordonner à l’accusé enfermé dans une prison de comparaître en utilisant la télévision en circuit fermé ou tout autre moyen permettant, d’une part, au tribunal et à l’accusé de se voir et de communiquer simultanément et, d’autre part, à l’accusé de communiquer en privé avec son avocat, s’il est représenté par un avocat, durant toute l’enquête sauf durant la présentation de la preuve testimoniale.

Exceptions

(2) Le tribunal peut, selon le cas :

a) faire éloigner l’accusé et le faire garder à l’extérieur du tribunal lorsqu’il se conduit mal en interrompant les procédures, au point qu’il serait impossible de les continuer en sa présence;

b) permettre à l’accusé d’être à l’extérieur du tribunal pendant la totalité ou toute partie de son procès, aux conditions qu’il juge à propos;

c) faire éloigner et garder l’accusé hors du tribunal pendant l’examen de la question de savoir si l’accusé est inapte à subir son procès, lorsqu’il est convaincu que l’omission de ce faire pourrait avoir un effet préjudiciable sur l’état mental de l’accusé.

Droit de présenter sa défense

(3) Un accusé a droit, après que la poursuite a terminé son exposé, de présenter, personnellement ou par avocat, une pleine réponse et défense.

L.R. (1985), ch. C-46, art. 650; 1991, ch. 43, art. 9; 1994, ch. 44, art. 61; 1997, ch. 18, art. 77; 2002, ch. 13, art. 60; 2003, ch. 21, art. 12.

Version précédente

Désignation d’un avocat

650.01 (1) L’accusé peut désigner un avocat pour le représenter dans le cadre des procédures visées par la présente loi, auquel cas il dépose un document à cet effet auprès du tribunal.

Contenu du document

(2) Le document de désignation doit comporter les nom et adresse de l’avocat et être signé par celui-ci et l’accusé.

Effet de la désignation

(3) En cas de dépôt d’un document de désignation :

a) l’accusé peut comparaître par l’intermédiaire de son avocat dans le cadre de toute partie d’une procédure, à l’exception de celle touchant à la présentation de la preuve testimoniale, à la sélection des membres du jury ou à une demande de bref d’habeas corpus;

b) la comparution par l’avocat vaut comparution par l’accusé, sauf décision contraire du tribunal;

c) un plaidoyer de culpabilité ne peut être fait — et une sentence ne peut être prononcée — en l’absence de l’accusé que si le tribunal l’ordonne.

Ordonnance du tribunal

(4) S’il ordonne à l’accusé d’être présent, le tribunal peut, selon le cas :

a) décerner une sommation pour l’obliger à comparaître en personne devant lui et en ordonner la signification à l’adresse mentionnée dans le document de désignation;

b) décerner un mandat d’arrestation pour l’obliger à comparaître en personne devant lui.

2002, ch. 13, art. 61.

Comparution à distance

650.02 Le poursuivant ou l’avocat désigné au titre de l’article 650.01 peut comparaître par voie d’un instrument que le tribunal estime satisfaisant et qui leur permet, à celui-ci et aux avocats, de communiquer simultanément.

2002, ch. 13, art. 61.

Discussion préalable aux instructions

650.1 Le juge présidant un procès devant jury peut, avant de faire son exposé au jury, discuter avec l’accusé — ou son procureur — et le poursuivant des questions qui feront l’objet d’explications au jury et du choix des instructions à lui donner.

1997, ch. 18, art. 78.

Résumé par le poursuivant

651. (1) Lorsqu’un accusé, ou l’un quelconque de plusieurs accusés jugés ensemble, est défendu par un avocat, celui-ci déclare, à la fin de l’exposé de la poursuite, s’il a l’intention d’offrir ou non des témoignages au nom de l’accusé pour lequel il comparaît, et s’il n’annonce pas alors son intention d’offrir des témoignages, le poursuivant peut s’adresser au jury par voie de résumé.

Résumé par l’accusé

(2) L’avocat de l’accusé ou l’accusé, s’il n’est pas défendu par avocat, a le droit, s’il le juge utile, d’exposer la cause pour la défense, et après avoir fini cet exposé, d’interroger les témoins qu’il juge à propos, et lorsque tous les témoignages ont été reçus, d’en faire un résumé.

Droit pour l’accusé de répliquer

(3) Lorsque aucun témoin n’est interrogé pour un accusé, celui-ci ou son avocat est admis à s’adresser au jury en dernier lieu, mais autrement l’avocat de la poursuite a le droit de s’adresser au jury le dernier.

Droit du poursuivant de répliquer lorsqu’il y a plus d’un accusé

(4) Lorsque deux ou plusieurs accusés subissent leur procès conjointement et que des témoins sont interrogés pour l’un d’entre eux, tous les accusés, ou leurs avocats respectifs, sont tenus de s’adresser au jury avant que le poursuivant le fasse.

S.R., ch. C-34, art. 578.

Visite des lieux

652. (1) Lorsque la chose paraît être dans l’intérêt de la justice, le juge peut, à tout moment après que le jury a été assermenté et avant qu’il rende son verdict, ordonner que le jury visite tout lieu, toute chose ou personne, et il donne des instructions sur la manière dont ce lieu, cette chose ou cette personne doivent être montrés, et par qui ils doivent l’être, et il peut à cette fin ajourner le procès.

Instructions pour empêcher de communiquer avec les jurés

(2) Lorsqu’une visite des lieux est ordonnée en vertu du paragraphe (1), le juge donne les instructions qu’il estime nécessaires pour empêcher toute communication indue par quelque personne avec les membres du jury; le défaut de se conformer aux instructions données sous le régime du présent paragraphe n’atteint pas la validité des procédures.

Qui doit être présent

(3) Lorsqu’une visite des lieux est ordonnée en vertu du paragraphe (1), l’accusé et le juge doivent être présents.

S.R., ch. C-34, art. 579.

Lorsque le jury ne s’entend pas

653. (1) Lorsque le juge est convaincu que le jury ne peut s’entendre sur son verdict, et qu’il serait inutile de le retenir plus longtemps, il peut, à sa discrétion, le dissoudre et ordonner la constitution d’un nouveau jury pendant la session du tribunal, ou différer le procès aux conditions que la justice peut exiger.

Aucune révision

(2) La discrétion exercée par un juge en vertu du paragraphe (1) ne peut faire l’objet d’une révision.

S.R., ch. C-34, art. 580.

Procédure le dimanche, etc. non invalide

654. La réception du verdict d’un jury, ainsi que toute procédure s’y rattachant, n’est pas invalide du seul fait qu’elle a lieu le dimanche ou un jour férié.

S.R., ch. C-34, art. 581.

Preuve au procès Aveux au procès

655. Lorsqu’un accusé subit son procès pour un acte criminel, lui-même ou son avocat peut admettre tout fait allégué contre l’accusé afin de dispenser d’en faire la preuve.

S.R., ch. C-34, art. 582.

Présomption — vol de minéraux précieux

656. Dans toute procédure relative au vol ou à la possession de minéraux précieux non raffinés, partiellement raffinés, non taillés ou non traités par une personne activement employée aux travaux d’exploitation d’une mine, s’il est établi qu’elle en avait la possession, elle est réputée, en l’absence de preuve contraire soulevant un doute raisonnable, les avoir volés ou possédés illégalement.

L.R. (1985), ch. C-46, art. 656; 1999, ch. 5, art. 24.

Emploi d’une déclaration de l’accusé

657. Une déclaration faite par un accusé aux termes du paragraphe 541(3) et censément signée par le juge de paix devant qui elle a été faite, peut être fournie en preuve contre l’accusé à son procès, sans qu’il soit nécessaire de prouver la signature du juge de paix, à moins qu’il ne soit prouvé que ce dernier ne l’a pas signée.

L.R. (1985), ch. C-46, art. 657; 1994, ch. 44, art. 62.

Preuve du droit de propriété et de la valeur d’un bien

657.1 (1) Dans toute procédure, l’affidavit ou la déclaration solennelle soit du prétendu propriétaire légitime d’un bien qui a fait l’objet de l’infraction, soit de la personne qui prétend avoir droit à sa possession légitime, soit de toute personne ayant une connaissance particulière de ce bien ou de ce type de biens, comportant les renseignements visés au paragraphe (2) est admissible en preuve et, en l’absence de preuve contraire, fait foi de son contenu sans qu’il soit nécessaire de prouver l’authenticité de la signature qui y apparaît.

Renseignements

(2) Pour l’application du paragraphe (1), l’affidavit ou la déclaration solennelle comporte les éléments suivants :

a) déclaration du signataire selon laquelle il est le propriétaire légitime du bien, la personne qui a droit à sa possession légitime ou une personne ayant une connaissance particulière de ce bien ou de ce type de biens;

b) mention de la valeur du bien;

c) déclaration du propriétaire légitime ou de la personne qui a droit à sa possession légitime selon laquelle il a été privé du bien d’une façon frauduleuse ou autrement sans son consentement;

c.1) dans le cas de procédures concernant l’infraction visée à l’article 342, déclaration selon laquelle la carte de crédit en cause ne correspond à aucune des cartes délivrées par le déclarant, a été annulée ou est un faux document au sens de l’article 321;

d) faits dont le signataire a personnellement connaissance et sur lesquels il se fonde pour motiver les affirmations visées aux alinéas a) à c.1).

Préavis

(3) À moins que le tribunal n’en décide autrement, un affidavit ou une déclaration solennelle n’est admissible en preuve en vertu du paragraphe (1) que si, avant le procès ou le début des procédures, le poursuivant a remis à l’accusé un préavis raisonnable de son intention de le déposer en preuve accompagné d’une copie de l’affidavit ou de la déclaration.

Comparution du déclarant

(4) Par dérogation au paragraphe (1), le tribunal peut ordonner à la personne dont la signature apparaît au bas de l’affidavit ou de la déclaration solennelle visés à ce paragraphe de se présenter devant lui pour être interrogée ou contre-interrogée sur le contenu de l’affidavit ou de la déclaration.

L.R. (1985), ch. 23 (4e suppl.), art. 3; 1994, ch. 44, art. 63; 1997, ch. 18, art. 79.

Possession d’objet volé

657.2 (1) L’absolution ou la condamnation d’une personne à la suite d’un vol est admissible en preuve contre toute autre personne inculpée de possession de l’objet volé; sauf preuve contraire, l’absolution ou la condamnation établit que l’objet a été volé.

Complicité après le fait

(2) L’absolution ou la condamnation d’une personne à la suite d’une infraction est admissible contre toute autre personne qui est inculpée de complicité après le fait relativement à cette infraction; sauf preuve contraire, l’absolution ou la condamnation établit l’existence de l’infraction.

1997, ch. 18, art. 80.

Témoignage de l’expert

657.3 (1) Le témoignage de l’expert peut se faire par remise d’un rapport accompagné de l’affidavit ou de la déclaration solennelle de celui-ci faisant état notamment de ses compétences, si les conditions suivantes sont réunies :

a) le tribunal reconnaît sa qualité d’expert;

b) la partie qui entend déposer le témoignage a remis à l’autre partie un préavis raisonnable de son intention de le déposer accompagné d’une copie de l’affidavit ou de la déclaration solennelle et du rapport.

Présence pour interrogatoire

(2) Par dérogation au paragraphe (1), le tribunal peut ordonner à la personne qui semble avoir signé l’affidavit ou la déclaration solennelle visés à ce paragraphe d’être présente pour interrogatoire ou contre-interrogatoire sur le contenu de l’affidavit ou de la déclaration, ou sur celui du rapport.

Préavis du témoignage d’expert

(3) En vue de favoriser l’équité et l’efficacité en matière de présentation des témoignages :

a) la partie qui veut appeler un témoin expert donne à toute autre partie, au moins trente jours avant le début du procès ou dans le délai que fixe le juge de paix ou le juge, un préavis de son intention et lui fournit :

(i) le nom de l’expert,

(ii) un sommaire décrivant le domaine de compétence de l’expert lui permettant de s’informer sur le domaine en question,

(iii) un énoncé des compétences de l’expert;

b) le poursuivant qui veut appeler un témoin expert non seulement se conforme à l’alinéa a), mais fournit aussi à toute autre partie, dans un délai raisonnable avant le procès :

(i) le cas échéant, une copie du rapport lié à l’affaire que celui-ci a rédigé,

(ii) en l’absence de rapport, un sommaire énonçant la nature de son témoignage et les éléments sur lesquels il s’appuie;

c) l’accusé — ou son avocat — qui veut appeler un témoin expert non seulement se conforme à l’alinéa a), mais fournit aussi à toute autre partie, au plus tard à la fin de l’exposé de poursuite, les documents visés à l’alinéa b).

Absence de préavis

(4) Si une partie appelle un témoin expert sans s’être conformée au paragraphe (3), le tribunal, sur demande d’une autre partie :

a) ajourne la procédure afin de permettre à celle-ci de se préparer en vue du contre­ interrogatoire de l’expert;

b) ordonne à la partie qui a appelé le témoin de fournir aux autres parties les documents visés à l’alinéa (3)b);

c) ordonne la convocation ou la reconvocation de tout témoin pour qu’il témoigne sur des questions relatives à celles traitées par l’expert, sauf s’il ne l’estime pas indiqué.

Ordonnance du tribunal

(5) S’il est d’avis qu’une partie ayant reçu le préavis et les documents visés au paragraphe (3) n’a pu se préparer en vue du témoignage de l’expert, le tribunal peut :

a) ajourner la procédure;

b) ordonner que des détails complémentaires soient fournis relativement au témoignage de celui-ci;

c) ordonner la convocation ou la reconvocation de tout témoin pour qu’il témoigne sur des questions relatives à celles traitées par l’expert.

Utilisation des documents par le poursuivant

(6) Si l’expert ne témoigne pas, le poursuivant ne peut produire en preuve les documents obtenus au titre de l’alinéa (3)c) sans le consentement de l’accusé.

Divulgation interdite

(7) Sauf ordonnance contraire du tribunal, les renseignements communiqués au titre du présent article relativement à une procédure ne peuvent être communiqués par la suite que dans le cadre de celle-ci.

1997, ch. 18, art. 80; 2002, ch. 13, art. 62.

Enfants et jeunes personnes

Témoignage portant sur la date de naissance

658. (1) Le témoignage d’une personne sur sa date de naissance est admissible en preuve dans les poursuites intentées sous le régime de la présente loi.

Témoignage d’un parent

(2) Le témoignage du père ou de la mère quant à l’âge de leur enfant est admissible en preuve dans les poursuites intentées sous le régime de la présente loi.

Preuve de l’âge par certificat ou mention

(3) Font foi de l’âge de la personne, dans les poursuites intentées sous le régime de la présente loi, soit le certificat de naissance ou de baptême ou la copie de ceux-ci certifiée conforme par le préposé à la conservation des actes de naissance ou de baptême qui y est mentionné, soit l’inscription ou la mention consignée par un organisme doté de la personnalité morale ayant pris en charge l’enfant ou l’adolescent au moment de son entrée au Canada, ou vers cette époque, pourvu que l’inscription ou la mention soit antérieure à la perpétration des faits reprochés.

Autres éléments de preuve

(4) Un jury, un juge, un juge de la cour provinciale ou un juge de paix peut, soit à défaut des documents mentionnés au paragraphe (3), soit en vue de les corroborer, accepter et prendre en considération tous autres renseignements relatifs à l’âge qu’il estime dignes de foi.

Déduction d’après l’apparence

(5) À défaut d’autre preuve, ou sous forme de corroboration d’autre preuve, un jury, un juge, un juge de la cour provinciale ou un juge de paix, selon le cas, peut déduire l’âge d’un enfant ou d’une jeune personne d’après son apparence.

L.R. (1985), ch. C-46, art. 658; 1994, ch. 44, art. 64.

Corroboration Témoignage d’enfants

659. Est abolie l’obligation pour le tribunal de mettre en garde le jury contre une éventuelle déclaration de culpabilité fondée sur le témoignage d’un enfant.

L.R. (1985), ch. C-46, art. 659; L.R. (1985), ch. 19 (3e suppl.), art. 15; 1993, ch. 45, art. 9.

Verdicts Lorsque la consommation d’infraction n’est pas prouvée

660. Lorsque la consommation d’une infraction imputée n’est pas prouvée, mais que la preuve établit une tentative de commettre l’infraction, l’accusé peut être déclaré coupable de la tentative.

S.R., ch. C-34, art. 587.

Tentative imputée, preuve de consommation d’infraction

661. (1) Lorsqu’une tentative de commettre une infraction fait l’objet d’une inculpation, mais que la preuve établit que l’infraction a été consommée, l’accusé n’a pas le droit d’être acquitté, mais le jury peut le déclarer coupable de la tentative, à moins que le juge qui préside le procès, à sa discrétion, ne dispense le jury de rendre un verdict et n’ordonne que le prévenu soit mis en accusation pour l’infraction consommée.

La déclaration de culpabilité est une fin de non-recevoir

(2) Un prévenu qui est déclaré coupable en vertu du présent article ne peut pas être poursuivi de nouveau pour l’infraction qu’il a été accusé d’avoir tenté de commettre.

S.R., ch. C-34, art. 588.

Partiellement prouvée

662. (1) Un chef dans un acte d’accusation est divisible et lorsque l’accomplissement de l’infraction imputée, telle qu’elle est décrite dans la disposition qui la crée ou telle qu’elle est portée dans le chef d’accusation, comprend la perpétration d’une autre infraction, que celle-ci soit punissable sur acte d’accusation ou sur déclaration de culpabilité par procédure sommaire, l’accusé peut être déclaré coupable :

a) ou bien d’une infraction ainsi comprise qui est prouvée, bien que ne soit pas prouvée toute l’infraction imputée;

b) ou bien d’une tentative de commettre une infraction ainsi comprise.

Inculpation de meurtre au premier degré

(2) Il demeure entendu que, sans préjudice de la portée générale du paragraphe (1), lorsqu’un chef d’accusation inculpe de meurtre au premier degré et que les témoignages ne prouvent pas le meurtre au premier degré, mais prouvent le meurtre au deuxième degré ou une tentative de commettre un meurtre au deuxième degré, le jury peut déclarer l’accusé non coupable de meurtre au premier degré, mais coupable de meurtre au deuxième degré ou de tentative de commettre un meurtre au deuxième degré, selon le cas.

Condamnation pour infanticide ou homicide involontaire coupable sur une accusation de meurtre

(3) Sous réserve du paragraphe (4), lorsqu’un chef d’accusation inculpe de meurtre et que les témoignages prouvent un homicide involontaire coupable ou un infanticide, mais ne prouvent pas un meurtre, le jury peut déclarer l’accusé non coupable de meurtre mais coupable d’homicide involontaire coupable ou d’infanticide. Cependant, il ne peut sur ce chef d’accusation le déclarer coupable d’une autre infraction.

Verdict de suppression de part sur accusation de meurtre ou d’infanticide

(4) Lorsqu’un chef d’accusation inculpe du meurtre d’un enfant ou d’infanticide et que les témoignages prouvent la perpétration d’une infraction visée à l’article 243, mais non le meurtre ou l’infanticide, le jury peut déclarer l’accusé non coupable de meurtre ou d’infanticide, selon le cas, mais coupable d’une infraction visée à l’article 243.

Déclaration de culpabilité pour conduite dangereuse, prise d’un véhicule sans consentement, etc.

(5) Lorsqu’un chef d’accusation vise une infraction prévue aux articles 220, 221 ou 236 et découlant de la conduite d’un véhicule à moteur ou de l’utilisation ou de la conduite d’un bateau ou d’un aéronef et que la preuve n’établit pas la commission de cette infraction, mais plutôt celle d’une infraction visée à l’article 249 ou paragraphe 249.1(3), l’accusé peut être déclaré coupable de cette dernière.

Déclaration de culpabilité pour introduction par effraction dans un dessein criminel

(6) Lorsqu’un chef d’accusation vise une infraction prévue aux alinéas 98(1)b) ou 348(1)b) et que la preuve établit la commission non pas de cette infraction mais de l’infraction prévue aux alinéas 98(1)a) ou 348(1)a), respectivement, l’accusé peut être déclaré coupable de cette dernière.

L.R. (1985), ch. C-46, art. 662; L.R. (1985), ch. 27 (1er suppl.), art. 134; 2000, ch. 2, art. 3; 2008, ch. 6, art. 38.

Version précédente

Aucun acquittement à moins que l’acte ou omission n’ait été involontaire

663. Lorsqu’une personne du sexe féminin est accusée d’infanticide et que la preuve démontre qu’elle a causé la mort de son enfant, mais n’établit pas que, au moment de l’acte ou omission par quoi elle a causé la mort de l’enfant :

a) elle ne s’était pas complètement remise d’avoir donné naissance à l’enfant ou de la lactation consécutive à la naissance de l’enfant;

b) son esprit était alors déséquilibré par suite de la naissance de l’enfant ou de la lactation consécutive à la naissance de l’enfant,

elle peut être déclarée coupable, à moins que la preuve n’établisse que l’acte ou omission n’était pas volontaire.

S.R., ch. C-34, art. 590.

Condamnations antérieures Aucune mention de condamnation antérieure

664. Aucun acte d’accusation à l’égard d’une infraction pour laquelle, en raison de condamnations antérieures, il peut être imposé une plus forte peine, ne peut contenir une mention de condamnations antérieures.

S.R., ch. C-34, art. 591.

665. [Abrogé, 1995, ch. 22, art. 3]

Preuve de moralité

666. Quand, au cours d’un procès, l’accusé fournit des preuves de son honorabilité, le poursuivant peut, en réponse, avant qu’un verdict soit rendu, fournir une preuve de la condamnation antérieure de l’accusé pour toute infraction, y compris toute condamnation antérieure en raison de laquelle une plus forte peine peut être imposée.

S.R., ch. C-34, art. 593.

Preuve de condamnation antérieure

667. (1) Dans toutes procédures :

a) un certificat énonçant de façon raisonnablement détaillée la déclaration de culpabilité, l’absolution en vertu de l’article 730, la déclaration de culpabilité prononcée sous le régime de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), la déclaration de culpabilité prononcée sous le régime de la Loi sur le système de justice pénale pour les adolescents ou la décision rendue en vertu du paragraphe 42(9) de cette loi ou la déclaration de culpabilité et la peine infligée au Canada à un contrevenant, signé :

(i) soit par la personne qui a prononcé la déclaration de culpabilité ou rendu l’ordonnance d’absolution ou la décision,

(ii) soit par le greffier du tribunal devant lequel la déclaration de culpabilité a été prononcée ou l’ordonnance d’absolution ou la décision a été rendue,

(iii) soit par un préposé aux empreintes digitales,

sur preuve que l’accusé ou le défendeur est le contrevenant visé dans le certificat fait preuve que l’accusé ou le défendeur a été ainsi déclaré coupable, absous, déclaré coupable et condamné ou a fait l’objet de la décision sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire;

b) la preuve que les empreintes digitales de l’accusé ou du défendeur sont identiques aux empreintes digitales du contrevenant dont les empreintes digitales sont reproduites dans un certificat délivré en vertu du sous-alinéa a)(iii) ou qui y sont jointes fait preuve, en l’absence de toute preuve contraire, que l’accusé ou le défendeur est le contrevenant mentionné dans ce certificat;

c) un certificat d’un préposé aux empreintes digitales déclarant qu’il a comparé les empreintes digitales qui y sont reproduites ou jointes avec les empreintes digitales qui sont reproduites dans un certificat délivré en vertu du sous-alinéa a)(iii) ou qui y sont jointes, et qu’elles sont celles de la même personne, fait preuve des déclarations contenues dans le certificat sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire;

d) un certificat en vertu du sous-alinéa a)(iii) peut être rédigé selon la formule 44 et un certificat en vertu de l’alinéa c) peut être rédigé selon la formule 45.

Idem

(2) Dans toute procédure, une copie de la déclaration de culpabilité par procédure sommaire ou de l’absolution en vertu de l’article 730 d’un contrevenant, prononcée au Canada, signée par la personne qui a prononcé la déclaration de culpabilité ou qui a rendu l’ordonnance d’absolution, ou par le greffier du tribunal devant lequel la déclaration de culpabilité ou l’absolution a été prononcée fait foi, sur la preuve que l’accusé ou le défendeur est le contrevenant mentionné dans la copie de la déclaration de culpabilité, de la déclaration de culpabilité, ou de l’absolution en vertu de l’article 730 de l’accusé ou du défendeur, sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Preuve de l’identité

(2.1) Dans toute procédure sommaire, lorsque le nom d’un défendeur est semblable à celui du contrevenant mentionné dans un certificat fait en vertu du sous-alinéa (1)a)(i) ou (ii) à l’égard d’une déclaration de culpabilité par procédure sommaire ou dans une copie d’une déclaration de culpabilité par procédure sommaire visée au paragraphe (2), la ressemblance fait foi, en l’absence de preuve contraire, du fait que le défendeur est le contrevenant mentionné dans le certificat ou dans la copie de la déclaration de culpabilité par procédure sommaire.

Présence et droit de contre-interroger

(3) Un accusé contre qui est produit un certificat délivré en vertu du sous-alinéa (1)a)(iii) ou de l’alinéa (1)c) peut, avec l’autorisation du tribunal, exiger la présence, pour contre­ interrogatoire, de la personne qui a signé le certificat.

Avis de l’intention de produire un certificat

(4) Un certificat délivré en vertu du sous-alinéa (1)a)(iii) ou de l’alinéa (1)c) n’est admissible en preuve que si la partie qui se dispose à le produire a donné à l’accusé un avis raisonnable de son intention de le faire, avec une copie du certificat.

Définition de « préposé aux empreintes digitales »

(5) Au présent article, « préposé aux empreintes digitales » s’entend de toute personne désignée à ce titre pour l’application du présent article par le ministre de la Sécurité publique et de la Protection civile.

L.R. (1985), ch. C-46, art. 667; L.R. (1985), ch. 27 (1er suppl.), art. 136, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 10; 2002, ch. 1, art. 181; 2005, ch. 10, art. 34; 2008, ch. 18, art. 27(F).

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668. et 669. [Abrogés, 1995, ch. 22, art. 4]

Juridiction Juridiction

669.1 (1) Lorsqu’un juge de la cour provinciale, un juge ou un tribunal qui a reçu le plaidoyer du prévenu ou du défendeur à l’égard d’une infraction n’a pas commencé l’audition de la preuve, tout juge de la cour provinciale, juge ou tribunal ayant juridiction pour juger le prévenu ou le défendeur sont compétents aux fins de l’audition et de la décision.

Ajournement

(2) Un tribunal, un juge, un juge de la cour provinciale ayant juridiction pour juger le prévenu ou le défendeur, un greffier ou autre fonctionnaire du tribunal qui sont compétents ou un juge de paix dans le cas d’une infraction punissable sur déclaration de culpabilité par procédure sommaire peuvent ajourner les procédures, à tout moment, avant que le plaidoyer du prévenu ou du défendeur ne soit reçu ou après qu’il l’a été.

L.R. (1985), ch. 27 (1er suppl.), art. 137.

Continuation des procédures

669.2 (1) Sous réserve des autres dispositions du présent article, lorsqu’un accusé ou un défendeur subit son procès devant, selon le cas :

a) un juge ou un juge de la cour provinciale;

b) un juge de paix ou une autre personne qui constitue une cour des poursuites sommaires ou en est membre;

c) un tribunal composé d’un juge et d’un jury,

et que le juge, le juge de la cour provinciale, le juge de paix ou l’autre personne décède ou pour une autre raison devient incapable d’assumer ses fonctions, les procédures peuvent se poursuivre devant un autre juge, un juge de la cour provinciale, un juge de paix ou une autre personne, selon le cas, qui est compétent pour juger l’accusé ou le défendeur.

Lorsqu’une décision a été rendue

(2) Lorsqu’un verdict a été rendu par le jury ou qu’une décision a été rendue par le juge, le juge de la cour provinciale, le juge de paix ou l’autre personne devant qui le procès a débuté, le juge, le juge de la cour provinciale, le juge de paix ou l’autre personne devant qui les procédures se poursuivent doit, sans nouveau choix de la part de l’accusé, infliger une peine ou rendre l’ordonnance que la loi autorise dans les circonstances.

Lorsque aucune décision n’a été rendue

(3) Sous réserve des paragraphes (4) et (5), lorsque le procès a débuté et qu’aucune décision ni aucun verdict n’a été rendu, le juge, le juge de la cour provinciale, le juge de paix ou l’autre personne devant qui les procédures se poursuivent doit, sans nouveau choix de la part de l’accusé, recommencer le procès comme si aucune preuve n’avait été présentée.

Pouvoir du juge

(4) Lorsque le procès a débuté devant un tribunal composé d’un juge et d’un jury et qu’aucune décision ni aucun verdict n’a été rendu, le juge devant qui les procédures se poursuivent peut, sans nouveau choix de la part de l’accusé, continuer les procédures ou recommencer le procès comme si aucune preuve n’avait été présentée.

Administration de la preuve

(5) La preuve présentée devant le juge visé à l’alinéa (1)c) est réputée avoir été présentée au juge devant qui se poursuivent les procédures, à moins que les parties ne consentent à la présenter de nouveau, en tout ou en partie.

L.R. (1985), ch. 27 (1er suppl.), art. 137; 1994, ch. 44, art. 65.

Le juge garde compétence

669.3 Le juge ou le juge de la cour provinciale nommé à un autre tribunal conserve sa compétence à l’égard du procès qu’il préside, en présence d’un jury ou non, jusqu’à son terme.

1994, ch. 44, art. 66.

Vices de forme dans la convocation des jurés Il n’est pas sursis au jugement pour certains motifs

670. Aucun jugement ne peut être suspendu ou infirmé après verdict rendu sur un acte d’accusation :

a) soit en raison d’une irrégularité dans l’assignation ou la constitution du jury;

b) soit parce qu’une personne qui a servi parmi le jury n’a pas été mise au nombre des jurés désignés par un shérif ou un autre fonctionnaire.

S.R., ch. C-34, art. 598.

Les prescriptions quant au jury ou jurés sont directrices

671. Aucune inobservation des prescriptions contenues dans une loi en ce qui regarde les qualités requises, le choix, le ballottage ou la répartition des jurés, la préparation du registre des jurés, le choix des listes des jurys ou l’appel du corps des jurés d’après ces listes, ne constitue un motif suffisant pour attaquer ou annuler un verdict rendu dans des procédures pénales.

S.R., ch. C-34, art. 599.

Pouvoirs des tribunaux sauvegardés

672. La présente loi n’a pas pour effet de modifier, de restreindre ou d’atteindre un pouvoir ou une autorité qu’un tribunal ou un juge possédait immédiatement avant le 1er avril 1955, ni une pratique ou formalité qui existait immédiatement avant le 1er avril 1955, en ce qui concerne les procès par jury, la convocation du jury, les jurys ou jurés, sauf dans le cas où ce pouvoir ou cette autorité, cette pratique ou formalité est expressément modifié par la présente loi ou est incompatible avec ses dispositions.

S.R., ch. C-34, art. 600.

PARTIE XX.1

TROUBLES MENTAUX Définitions Définitions

672.1 (1) Les définitions qui suivent s’appliquent à la présente partie.

« accusé »

“accused”

« accusé » S’entend notamment d’un défendeur dans des poursuites par voie de procédure sommaire et d’un accusé à l’égard duquel un verdict de non-responsabilité criminelle pour cause de troubles mentaux a été rendu.

« commission d’examen »

“Review Board”

« commission d’examen » À l’égard d’une province, la commission d’examen constituée ou désignée en vertu du paragraphe 672.38(1).

« contrevenant à double statut »

“dual status offender”

« contrevenant à double statut » Contrevenant qui doit purger une peine d’emprisonnement à l’égard d’une infraction et fait l’objet d’une décision de détention rendue en vertu de l’alinéa 672.54c) à l’égard d’une autre.

« décision »

“disposition”

« décision » Décision rendue par un tribunal ou une commission d’examen en vertu de l’article 672.54 ou décision rendue par un tribunal en vertu de l’article 672.58.

« évaluation »

“assessment”

« évaluation » Évaluation de l’état mental d’un accusé par un médecin ou toute autre personne désignée par le procureur général comme qualifiée pour faire l’évaluation de

l’état mental de l’accusé en conformité avec une ordonnance d’évaluation rendue en vertu des articles 672.11 ou 672.121, y compris l’observation et l’examen qui s’y rapportent.

« hôpital »

“hospital”

« hôpital » Lieu d’une province désigné par le ministre de la santé de la province en vue de la garde, du traitement ou de l’évaluation d’un accusé visé par une décision ou une ordonnance d’évaluation ou de placement.

« médecin »

“medical practitioner”

« médecin » Personne autorisée par le droit d’une province à exercer la médecine.

« ordonnance de placement »

“placement decision”

« ordonnance de placement » Ordonnance d’une commission d’examen rendue en vertu du paragraphe 672.68(2) portant sur le lieu de détention d’un contrevenant à double statut.

« parties »

“party”

« parties » Les parties au processus de détermination ou de révision de la décision qui doit être prise par un tribunal ou une commission d’examen, c’est-à-dire :

a) l’accusé;

b) le responsable de l’hôpital où l’accusé est détenu ou doit se présenter en conformité avec une ordonnance d’évaluation ou une décision;

c) un procureur général désigné par le tribunal ou la commission d’examen en vertu du paragraphe 672.5(3);

d) toute autre personne intéressée qui est désignée par le tribunal ou la commission d’examen, en vertu du paragraphe 672.5(4);

e) le poursuivant responsable de l’accusation portée contre l’accusé lorsque la décision doit être rendue par un tribunal.

« président »

“chairperson”

« président » S’entend également du président-délégué que le président désigne pour le remplacer.

« tribunal »

“court”

« tribunal » S’entend notamment d’une cour des poursuites sommaires au sens de l’article 785, d’un juge, d’un juge de paix et d’un juge de la cour d’appel au sens de l’article 673.

« verdict de non-responsabilité criminelle pour cause de troubles mentaux »

“verdict of not criminally responsible on account of mental disorder”

« verdict de non-responsabilité criminelle pour cause de troubles mentaux » Verdict à l’effet que l’accusé a commis l’acte ou l’omission qui a donné lieu à l’accusation mais était atteint de troubles mentaux dégageant sa responsabilité criminelle.

Mention du procureur général d’une province

(2) Pour l’application des paragraphes 672.5(3) et (5), 672.86(1), (2) et (2.1), 672.88(2) et 672.89(2), la mention du procureur général d’une province vaut mention du procureur général du Canada ou de son substitut légitime, dans le cas où il s’agit d’un territoire ou de poursuites engagées à la demande du gouvernement du Canada et menées par ce dernier ou en son nom.

1991, ch. 43, art. 4; 2005, ch. 22, art. 1.

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Ordonnance d’évaluation de l’état mental Évaluation

672.11 Le tribunal qui a compétence à l’égard d’un accusé peut rendre une ordonnance portant évaluation de l’état mental de l’accusé s’il a des motifs raisonnables de croire qu’une preuve concernant son état mental est nécessaire pour :

a) déterminer l’aptitude de l’accusé à subir son procès;

b) déterminer si l’accusé était atteint de troubles mentaux de nature à ne pas engager sa responsabilité criminelle en application du paragraphe 16(1) au moment de la perpétration de l’infraction reprochée;

c) déterminer si l’accusée inculpée d’une infraction liée à la mort de son enfant nouveau­ né était mentalement déséquilibrée au moment de la perpétration de l’infraction;

d) dans le cas où un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux a été rendu à l’égard de l’accusé, déterminer la décision qui devrait être prise;

e) dans le cas où un verdict d’inaptitude à subir son procès a été rendu à l’égard de l’accusé, déterminer si une ordonnance de suspension d’instance devrait être rendue en vertu de l’article 672.851.

1991, ch. 43, art. 4; 1995, ch. 22, art. 10; 2005, ch. 22, art. 2.

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Pouvoir du tribunal

672.12 (1) Le tribunal peut rendre une ordonnance d’évaluation à toute étape des procédures intentées contre l’accusé, d’office, à la demande de l’accusé ou, sous réserve des paragraphes (2) et (3), à la demande du poursuivant.

Limite des droits du poursuivant

(2) Si l’accusé est poursuivi par procédure sommaire, le tribunal ne peut rendre une ordonnance de détermination de l’aptitude de l’accusé à subir son procès à la demande du poursuivant que si l’accusé a soulevé la question ou si le poursuivant lui démontre qu’il existe des motifs raisonnables de mettre en doute l’aptitude de l’accusé à subir son procès.

Idem

(3) Le tribunal ne peut rendre une ordonnance d’évaluation en vue de déterminer si l’accusé était atteint de troubles mentaux de nature à ne pas engager sa responsabilité criminelle au moment de la perpétration de l’infraction reprochée que si l’accusé a mis en doute sa capacité mentale à former l’intention criminelle nécessaire ou si le poursuivant lui démontre, qu’en raison de troubles mentaux, il existe des motifs raisonnables de mettre en doute la responsabilité criminelle de l’accusé à l’égard de l’infraction reprochée.

1991, ch. 43, art. 4.

Pouvoir de la commission d’examen

672.121 La commission d’examen ayant compétence à l’égard d’un accusé qui a été déclaré inapte à subir son procès ou non responsable criminellement pour cause de troubles mentaux peut — de sa propre initiative ou à la demande de l’accusé ou du poursuivant — rendre une ordonnance portant évaluation de l’état mental de l’accusé si elle a des motifs raisonnables de croire qu’une preuve concernant son état mental est nécessaire :

a) soit pour déterminer s’il y a lieu de faire une recommandation au tribunal en vertu du paragraphe 672.851(1);

b) soit pour rendre une décision en vertu de l’article 672.54 dans les cas suivants :

(i) aucun rapport d’évaluation de l’état mental de l’accusé n’est disponible,

(ii) aucune évaluation de l’état mental de l’accusé n’a été faite au cours des douze derniers mois,

(iii) l’accusé a fait l’objet d’un transfèrement interprovincial en vertu de l’article 672.86.

2005, ch. 22, art. 3.

Contenu de l’ordonnance

672.13 (1) L’ordonnance d’évaluation :

a) désigne la personne ou le service chargé de l’évaluation ou l’hôpital où celle-ci doit être faite;

b) précise si l’accusé doit demeurer sous garde pendant que l’ordonnance est en cours de validité;

c) fixe la période durant laquelle l’évaluation doit avoir lieu, notamment celle de l’évaluation elle-même et celle des déplacements nécessaires.

Formules

(2) L’ordonnance peut être rendue selon les formules 48 ou 48.1.

1991, ch. 43, art. 4; 2005, ch. 22, art. 4.

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Durée : règle générale

672.14 (1) Une ordonnance d’évaluation ne peut être en vigueur pendant plus de trente jours.

Exception

(2) L’ordonnance de détermination de l’aptitude de l’accusé à subir son procès ne peut être rendue pour une période supérieure à cinq jours, compte non tenu des jours fériés ou du temps nécessaire pour se rendre au lieu désigné pour l’évaluation et en revenir, que si l’accusé et le poursuivant consentent à une période plus longue, celle-ci ne pouvant toutefois jamais être supérieure à trente jours.

Circonstances exceptionnelles

(3) Par dérogation aux paragraphes (1) et (2), l’ordonnance d’évaluation peut être en vigueur pour une période de soixante jours si le tribunal ou la commission d’examen qui rend l’ordonnance est convaincu que des circonstances exceptionnelles l’exigent.

1991, ch. 43, art. 4; 2005, ch. 22, art. 5.

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Prolongation

672.15 (1) Sous réserve du paragraphe (2), le tribunal ou la commission d’examen peut, d’office ou à la demande de l’accusé ou du poursuivant présentée pendant que l’ordonnance est en cours de validité ou à la fin de la période de validité de celle-ci, prolonger l’ordonnance pour la période qu’il juge nécessaire à l’évaluation de l’état mental de l’accusé.

Durée maximale des prolongations

(2) Une prolongation de l’ordonnance ne peut dépasser trente jours et l’ensemble de l’ordonnance et de ses prolongations, soixante jours.

1991, ch. 43, art. 4; 2005, ch. 22, art. 6.

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Priorité à la mise en liberté

672.16 (1) Sous réserve du paragraphe (3), l’accusé n’est détenu en conformité avec une ordonnance d’évaluation rendue par le tribunal que dans les cas suivants :

a) le tribunal est convaincu que, compte tenu des éléments de preuve présentés, la détention de l’accusé est nécessaire pour évaluer son état mental ou que, à la lumière du témoignage d’un médecin, la détention est souhaitable pour évaluer l’état mental de l’accusé et que l’accusé y consent;

b) l’accusé doit être détenu pour une autre raison ou en vertu d’une autre disposition de la présente loi;

c) le poursuivant, après qu’on lui a donné la possibilité raisonnable de le faire, a démontré que la détention de l’accusé est justifiée au sens du paragraphe 515(10).

Priorité à la mise en liberté — commission d’examen

(1.1) L’accusé n’est détenu en conformité avec une ordonnance d’évaluation rendue par la commission d’examen en vertu de l’article 672.121 que dans les cas suivants :

a) il fait l’objet d’une décision rendue en vertu de l’alinéa 672.54c);

b) la commission d’examen est convaincue que, compte tenu des éléments de preuve présentés, la détention de l’accusé est nécessaire à l’évaluation de son état mental ou que, à la lumière du témoignage d’un médecin, la détention est souhaitable à cette fin et l’accusé y consent;

c) l’accusé doit être détenu pour une autre raison ou en vertu d’une autre disposition de la présente loi.

Décision comportant une condition de résidence

(1.2) Sous réserve des alinéas (1.1)b) et c), si l’accusé fait l’objet d’une décision rendue en vertu de l’alinéa 672.54b) qui l’oblige à résider dans le lieu qui y est précisé, l’ordonnance d’évaluation rendue à son égard en vertu de l’article 672.121 requiert qu’il continue de résider au même endroit.

Rapport écrit

(2) Pour l’application des alinéas (1)a) et (1.1)b), le témoignage d’un médecin peut, si l’accusé et le poursuivant y consentent, être présenté sous la forme d’un rapport écrit.

Détention obligatoire

(3) L’accusé doit être détenu en conformité avec une ordonnance d’évaluation dans les cas et sous réserve des conditions énumérés aux paragraphes 515(6) ou 522(2), sauf s’il démontre que sa détention n’est pas justifiée aux termes de celui de ces paragraphes qui s’applique.

1991, ch. 43, art. 4; 2005, ch. 22, art. 7.

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Primauté du renvoi sur le cautionnement

672.17 Pendant la période de validité d’une ordonnance d’évaluation rendue par le tribunal et visant une personne accusée d’infraction, aucune ordonnance de mise en liberté provisoire ou de détention de l’accusé ne peut être rendue en vertu de la partie XVI ou de l’article 679 à l’égard de cette infraction ou d’une infraction incluse.

1991, ch. 43, art. 4; 2005, ch. 22, art. 8.

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Demande de modification

672.18 Lorsque la nécessité lui en est démontrée par le poursuivant ou l’accusé, le tribunal peut, pendant que l’ordonnance d’évaluation rendue par un tribunal est en cours de validité, modifier les conditions de celle-ci qui portent sur la mise en liberté provisoire de l’accusé ou sa détention, de la façon que le tribunal juge indiquée dans les circonstances.

1991, ch. 43, art. 4; 2005, ch. 22, art. 9(F).

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Traitement

672.19 L’ordonnance d’évaluation ne peut autoriser le traitement, notamment le traitement psychiatrique, de l’accusé ou ordonner que celui-ci s’y soumette, sans son consentement.

1991, ch. 43, art. 4.

Fin de l’évaluation

672.191 L’accusé qui a fait l’objet d’une ordonnance d’évaluation doit comparaître devant le tribunal ou la commission d’examen qui a rendu l’ordonnance dans les plus brefs délais suivant la fin de l’évaluation mais avant l’expiration de la période de validité de l’ordonnance.

1997, ch. 18, art. 81; 2005, ch. 22, art. 10.

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Rapports d’évaluation Rapport

672.2 (1) L’ordonnance d’évaluation peut exiger que la personne responsable de l’évaluation de l’état mental de l’accusé présente un rapport écrit des résultats de celle-ci.

Dépôt

(2) Le rapport est déposé auprès du tribunal ou de la commission d’examen dans le délai fixé par l’autorité qui a rendu l’ordonnance.

Transmission à la commission d’examen

(3) Le tribunal transmet sans délai à la commission d’examen le rapport déposé en conformité avec le paragraphe (2) afin d’aider à la détermination de la décision à prendre à l’égard de l’accusé.

Copies à l’accusé et au poursuivant

(4) Sous réserve du paragraphe 672.51(3), des copies du rapport déposé auprès du tribunal ou de la commission d’examen sont envoyées sans délai au poursuivant, à l’accusé et à l’avocat qui le représente.

1991, ch. 43, art. 4; 2005, ch. 22, art. 11.

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Déclarations protégées Définition de « déclaration protégée »

672.21 (1) Au présent article, « déclaration protégée » s’entend de la déclaration faite par l’accusé dans le cadre de l’évaluation ou du traitement prévu par une décision à la personne désignée dans l’ordonnance d’évaluation ou la décision ou à un préposé de cette personne.

Inadmissibilité en preuve des déclarations protégées

(2) Les déclarations protégées ou la mention d’une déclaration protégée faite par l’accusé ne sont pas admissibles en preuve sans le consentement de l’accusé dans toute procédure devant un tribunal, une cour, un organisme ou une personne qui a compétence pour ordonner la production d’éléments de preuve.

Exceptions

(3) Par dérogation au paragraphe (2), une preuve d’une déclaration protégée est admissible pour :

a) déterminer l’aptitude de l’accusé à subir son procès;

b) rendre une décision ou une ordonnance de placement à l’égard de l’accusé;

c) [Abrogé, 2005, ch. 22, art. 12]

d) déterminer si l’accusée inculpée d’une infraction liée à la mort de son enfant nouveau­ né était mentalement déséquilibrée au moment de la perpétration de l’infraction;

e) déterminer si l’accusé était atteint de troubles mentaux ou d’automatisme de nature à ne pas engager sa responsabilité criminelle sous le régime du paragraphe 16(1) au moment de la perpétration de l’infraction reprochée, à la condition que l’accusé ait lui­ même mis en doute sa capacité mentale à former l’intention criminelle nécessaire ou que le poursuivant soulève la question après le verdict;

f) mettre en doute la crédibilité de l’accusé lorsque le témoignage qu’il rend dans des procédures est incompatible sur un point important avec une déclaration protégée qu’il a déjà faite;

g) prouver le parjure d’une personne accusée de parjure en raison d’une déclaration faite au cours de quelques procédures que ce soit.

1991, ch. 43, art. 4; 2005, ch. 22, art. 12.

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Aptitude à subir son procès Présomption

672.22 L’accusé est présumé apte à subir son procès sauf si le tribunal, compte tenu de la prépondérance des probabilités, est convaincu de son inaptitude.

1991, ch. 43, art. 4.

Troubles mentaux durant les procédures

672.23 (1) Le tribunal qui a, à toute étape des procédures avant que le verdict ne soit rendu, des motifs raisonnables de croire que l’accusé est inapte à subir son procès peut, d’office ou à la demande de l’accusé ou du poursuivant, ordonner que cette aptitude soit déterminée.

Charge de la preuve

(2) Lorsqu’une demande est présentée en vertu du paragraphe (1) par le poursuivant ou l’accusé, la charge de prouver l’inaptitude de l’accusé à subir son procès incombe à l’auteur de la demande.

1991, ch. 43, art. 4.

Désignation d’un avocat

672.24 (1) Le tribunal, s’il a des motifs raisonnables de croire qu’un accusé est inapte à subir son procès, est tenu, si l’accusé n’est pas représenté par avocat, de lui en désigner un.

Honoraires et dépenses

(2) Dans le cas où l’accusé ne bénéficie pas de l’aide juridique prévue par un régime provincial, le procureur général en cause paie les honoraires et les dépenses de l’avocat désigné au titre du paragraphe (1) dans la mesure où l’accusé ne peut les payer lui-même.

Taxation des honoraires et des dépenses

(3) Dans le cas de l’application du paragraphe (2), le registraire peut, sur demande du procureur général ou de l’avocat, taxer les honoraires et les dépenses de l’avocat si le procureur général et ce dernier ne s’entendent pas sur leur montant.

1991, ch. 43, art. 4; 1997, ch. 18, art. 82.

Remise

672.25 (1) Dans le cas d’une infraction qui peut être poursuivie par voie d’acte d’accusation ou de procédure sommaire, le tribunal est tenu de différer d’ordonner la détermination de l’aptitude de l’accusé à subir son procès jusqu’à ce que le poursuivant ait choisi le mode de poursuite.

Idem

(2) Le tribunal peut différer d’ordonner la détermination de l’aptitude de l’accusé à subir son procès :

a) soit jusqu’au moment où l’accusé est appelé à répondre à l’accusation, lorsque la question est soulevée avant que la poursuite n’ait terminé son exposé lors d’une enquête préliminaire;

b) soit jusqu’au moment où la défense commence son exposé ou, sur demande de l’accusé, jusqu’à tout autre moment ultérieur, lorsque la question se pose avant la fin de l’exposé de la poursuite lors du procès.

1991, ch. 43, art. 4.

Détermination par un juge et un jury

672.26 Lorsque le procès se tient ou doit se tenir devant un tribunal composé d’un juge et d’un jury :

a) si le juge ordonne que la question soit déterminée avant que l’accusé ne soit confié à un jury en vue d’un procès sur l’acte d’accusation, un jury composé du nombre de jurés nécessaire pour décider des questions que soulève l’acte d’accusation dans la province où le procès se tient ou doit se tenir doit être assermenté pour décider de cette question et, avec le consentement de l’accusé, des questions que soulève l’acte d’accusation;

b) si le juge ordonne que la question soit déterminée après que l’accusé a été confié à un jury en vue d’un procès sur l’acte d’accusation, le jury doit être assermenté pour déterminer cette question en plus de celles pour lesquelles il a déjà été assermenté.

1991, ch. 43, art. 4.

Détermination par le tribunal

672.27 Lorsque le procès se tient ou doit se tenir devant un tribunal autre qu’un tribunal composé d’un juge et d’un jury ou que la question se soulève devant le tribunal à l’enquête préliminaire ou à toute autre étape des procédures, le tribunal doit déterminer la question et rendre un verdict.

1991, ch. 43, art. 4.

Verdict d’aptitude à subir son procès

672.28 Lorsqu’il est décidé que l’accusé est apte à subir son procès, les procédures se poursuivent comme si la question n’avait pas été soulevée.

1991, ch. 43, art. 4.

Maintien en détention

672.29 Lorsque l’accusé est détenu au moment où est rendu le verdict d’aptitude à subir son procès, le tribunal peut ordonner que l’accusé soit détenu dans un hôpital jusqu’à la fin du procès s’il a des motifs raisonnables de croire qu’il deviendra inapte à subir son procès s’il est mis en liberté.

1991, ch. 43, art. 4.

Acquittement

672.3 Lorsque le tribunal a différé l’étude de la question en conformité avec le paragraphe 672.25(2) et que l’accusé est acquitté ou libéré avant qu’un verdict ne soit rendu à l’égard de la question, le tribunal est dessaisi de la question.

1991, ch. 43, art. 4.

Verdict d’inaptitude

672.31 Lorsqu’il est décidé que l’accusé est inapte à subir son procès, les plaidoyers sont mis de côté et le jury est libéré.

1991, ch. 43, art. 4.

Procédures subséquentes

672.32 (1) Un verdict d’inaptitude à subir son procès n’empêche pas l’accusé de subir un procès par la suite lorsqu’il devient apte à le subir.

Charge de la preuve

(2) La partie qui entend démontrer que l’accusé est devenu apte à subir son procès a la charge de le prouver, la preuve se faisant selon la prépondérance des probabilités.

1991, ch. 43, art. 4.

Preuve prima facie à tous les deux ans

672.33 (1) Lorsqu’un verdict d’inaptitude à subir son procès a été rendu, le tribunal qui a compétence à l’égard de l’infraction reprochée à l’accusé doit tenir une audience, au plus tard deux ans après le verdict et tous les deux ans par la suite jusqu’à ce que l’accusé soit acquitté en vertu du paragraphe (6) ou subisse son procès, pour déterminer s’il existe toujours suffisamment d’éléments de preuve pour ordonner que l’accusé subisse son procès.

Prorogation du délai pour tenir une audience

(1.1) Par dérogation au paragraphe (1), le tribunal peut proroger le délai pour tenir l’audience s’il est d’avis, en se fondant sur la demande du poursuivant ou de l’accusé, que cela servirait la bonne administration de la justice.

Ordonnance de tenue de l’audience

(2) S’il est d’avis, en se fondant sur la demande et les documents écrits que lui présente l’accusé, qu’il y a des motifs de douter qu’il existe toujours suffisamment d’éléments de preuve pour ordonner que l’accusé subisse son procès, le tribunal peut, à tout moment, ordonner la tenue d’une audience sous le régime du présent article.

Charge de la preuve

(3) Le poursuivant a la charge de prouver, lors de l’audience, qu’il existe suffisamment d’éléments de preuve pour ordonner que l’accusé subisse son procès.

Éléments de preuve admissibles

(4) Est admissible à l’audience l’affidavit dont le contenu correspond aux déclarations qui, si elles étaient faites par le signataire à titre de témoin devant un tribunal, seraient admissibles en preuve; sont également admissibles les copies conformes des témoignages déjà recueillis lors d’audiences semblables ou à l’occasion de procédures judiciaires portant sur l’infraction reprochée à l’accusé.

Enquête préliminaire

(5) Le tribunal détermine la façon de tenir l’audience et peut ordonner qu’elle se tienne en conformité avec les dispositions de la partie XVIII applicables aux enquêtes préliminaires s’il conclut que l’intérêt de la justice l’exige.

Absence de preuve prima facie

(6) Le tribunal acquitte l’accusé s’il est convaincu que le poursuivant n’a pas démontré, à l’audience tenue en conformité avec le paragraphe (1), qu’il existe toujours suffisamment d’éléments de preuve pour ordonner que l’accusé subisse son procès.

1991, ch. 43, art. 4; 2005, ch. 22, art. 13 et 42(F).

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Verdict de non-responsabilité criminelle pour cause de troubles mentaux Verdict de non- responsabilité criminelle

672.34 Le jury ou, en l’absence de jury, le juge ou le juge de la cour provinciale, qui détermine que l’accusé a commis l’acte ou l’omission qui a donné lieu à l’accusation mais était atteint, à ce moment, de troubles mentaux dégageant sa responsabilité criminelle par application du paragraphe 16(1) est tenu de rendre un verdict de non­ responsabilité criminelle pour cause de troubles mentaux.

1991, ch. 43, art. 4.

Conséquence du verdict de non- responsabilité criminelle pour cause de troubles mentaux

672.35 L’accusé qui fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux n’est pas déclaré coupable de l’infraction ou condamné à l’égard de celle-ci; toutefois, les règles suivantes s’appliquent :

a) l’accusé peut plaider autrefois acquit relativement à toute accusation subséquente relative à l’infraction;

b) un tribunal peut prendre en considération le verdict lors de l’étude d’une demande de mise en liberté provisoire ou des mesures à prendre ou de la peine à infliger à l’égard de toute autre infraction;

c) la Commission nationale des libérations conditionnelles ou une commission provinciale des libérations conditionnelles peut prendre en considération le verdict lors de l’étude d’une demande de libération conditionnelle ou de réhabilitation à l’égard de toute autre infraction commise par l’accusé.

1991, ch. 43, art. 4.

Nature du verdict

672.36 Un verdict de non-responsabilité criminelle pour cause de troubles mentaux ne constitue pas une condamnation antérieure à l’égard de toute infraction prévue par une loi fédérale pour laquelle une peine plus élevée peut être infligée en raison de telles condamnations.

1991, ch. 43, art. 4.

Définition de « demande d’emploi relevant d’une autorité fédérale »

672.37 (1) Au présent article, « demande d’emploi relevant d’une autorité fédérale » s’entend de l’un des documents suivants :

a) une demande d’emploi dans un ministère au sens de la Loi sur la gestion des finances publiques;

b) une demande d’emploi dans une société d’État au sens du paragraphe 83(1) de la Loi sur la gestion des finances publiques;

c) une demande d’enrôlement dans les Forces canadiennes;

d) une demande présentée en vue d’un emploi exercé dans une entreprise qui relève de la compétence législative du Parlement ou lié à une telle entreprise.

Demande d’emploi

(2) Il est interdit d’inscrire dans une demande d’emploi relevant d’une autorité fédérale une question qui exige du demandeur de révéler qu’il a fait l’objet d’un verdict de non­ responsabilité criminelle pour cause de troubles mentaux ou d’une accusation ayant donné lieu à un tel verdict si le demandeur a été libéré sans condition ou ne fait plus l’objet d’une décision rendue à son égard au titre de cette infraction.

Peine

(3) Toute personne qui utilise ou permet que soit utilisé un formulaire qui contrevient aux dispositions du paragraphe (2) est coupable d’une infraction punissable par procédure sommaire.

1991, ch. 43, art. 4.

Commission d’examen Constitution des commissions d’examen

672.38 (1) Une commission d’examen est constituée ou désignée pour chaque province; elle est constituée d’un minimum de cinq membres nommés par le lieutenant-gouverneur en conseil de la province et est chargée de rendre ou de réviser des décisions concernant les accusés qui font l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux ou qui ont été déclarés inaptes à subir leur procès.

Présomption

(2) La commission est réputée avoir été constituée en vertu du droit provincial.

Responsabilité personnelle

(3) Les membres d’une commission d’examen ne peuvent être tenus personnellement responsables des actes accomplis de bonne foi dans l’exercice de leurs pouvoirs ou fonctions ou des manquements ou négligences survenus de bonne foi dans cet exercice.

1991, ch. 43, art. 4; 1997, ch. 18, art. 83.

Membres

672.39 Doivent faire partie d’une commission d’examen au moins une personne autorisée par le droit d’une province à exercer la psychiatrie et, s’il n’y a qu’un seul psychiatre, au moins une personne dont la formation et l’expérience relèvent de la santé mentale et qui est autorisée par le droit d’une province à exercer la médecine ou la profession de psychologue.

1991, ch. 43, art. 4.

Président

672.4 (1) Sous réserve du paragraphe (2), le président de la commission d’examen d’une province est un juge — ou un juge à la retraite — de la cour fédérale, d’une cour supérieure d’une province ou d’une cour de district ou de comté ou une personne qui remplit les conditions de nomination à un tel poste.

Disposition transitoire

(2) Le président de la commission d’examen d’une province constituée avant l’entrée en vigueur du présent article qui ne satisfait pas aux exigences du paragraphe (1) peut continuer à exercer ses fonctions jusqu’à la fin de son mandat si au moins un membre de la commission d’examen est un membre du barreau de la province ou une personne visée au paragraphe (1).

1991, ch. 43, art. 4.

Quorum

672.41 (1) Sous réserve du paragraphe (2), le quorum d’une commission d’examen est constitué du président, d’un membre qui est autorisé par le droit d’une province à exercer la psychiatrie et d’un autre membre.

Idem

(2) Lorsque le président de la commission d’examen d’une province constituée avant l’entrée en vigueur du présent article ne satisfait pas aux exigences du paragraphe 672.4(1), l’autre membre qui permet d’atteindre le quorum doit être membre du barreau de la province ou satisfaire aux exigences de ce paragraphe.

1991, ch. 43, art. 4.

Majorité

672.42 Les décisions d’une commission d’examen se prennent à la majorité des membres de la commission qui sont présents et votent.

1991, ch. 43, art. 4.

Pouvoirs du président de la commission

672.43 Lors d’une audience de la commission d’examen, le président de la commission est investi des pouvoirs que les articles 4 et 5 de la Loi sur les enquêtes accordent aux commissaires nommés en vertu de la partie I de cette loi.

1991, ch. 43, art. 4; 2005, ch. 22, art. 42(F).

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Règles

672.44 (1) Une commission d’examen peut, sous réserve de l’approbation du lieutenant­ gouverneur en conseil de la province, prendre des règles concernant la procédure à suivre devant elle.

Application et publication

(2) Les règles d’une commission d’examen s’appliquent à toute procédure qui relève de sa compétence et sont publiées dans la Gazette du Canada.

Règlements

(3) Par dérogation aux autres dispositions du présent article, le gouverneur en conseil peut prendre des règlements concernant la procédure à suivre devant les commissions d’examen, notamment en vue d’uniformiser les règles prises par les commissions; les règlements prévalent alors sur ces règles.

1991, ch. 43, art. 4.

Audiences Décision judiciaire

672.45 (1) Lorsqu’un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux est rendu à l’égard d’un accusé, le tribunal peut d’office, et doit, à la demande de l’accusé ou du poursuivant, tenir une audience pour déterminer la décision à rendre.

Transmission des documents à la commission d’examen

(1.1) S’il ne tient pas d’audience en vertu du paragraphe (1), le tribunal est tenu de faire parvenir à la commission d’examen compétente, sans délai après le prononcé du verdict, tout procès-verbal et tout autre renseignement ou pièce se rapportant à l’instance qui sont en sa possession, ou des copies de ceux-ci.

Idem

(2) Lors de l’audience, le tribunal rend une décision à l’égard de l’accusé s’il est convaincu qu’il est en mesure de rendre une décision à son égard sans difficulté et qu’une telle décision devrait être rendue sans délai.

1991, ch. 43, art. 4; 2005, ch. 22, art. 14 et 42(F).

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Maintien intérimaire du statu quo

672.46 (1) Lorsque le tribunal ne rend pas de décision à l’égard de l’accusé lors de l’audience, toute ordonnance de mise en liberté provisoire ou de détention de l’accusé ou toute citation à comparaître, sommation, promesse de comparaître, promesse ainsi que tout engagement en vigueur au moment où le verdict d’inaptitude à subir son procès ou

de non-responsabilité criminelle pour cause de troubles mentaux est rendu continue d’être en vigueur sous réserve de ses dispositions jusqu’à ce que la commission d’examen rende sa décision.

Modification

(2) Par dérogation au paragraphe (1), le tribunal peut, avant que la commission d’examen rende sa décision, si la nécessité lui en est démontrée, annuler l’ordonnance mentionnée au paragraphe (1) qui a déjà été rendue à l’égard de l’accusé ou la citation à comparaître, la sommation, la promesse de comparaître, la promesse ou l’engagement qui est toujours en vigueur à son égard et rendre à l’égard de l’accusé une ordonnance de mise en liberté provisoire ou de détention dans la mesure où il le juge indiqué; il peut notamment ordonner que l’accusé soit détenu dans un hôpital.

1991, ch. 43, art. 4; 2005, ch. 22, art. 42(F).

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Décision de la commission d’examen

672.47 (1) Dans le cas où un verdict d’inaptitude à subir son procès ou de non­ responsabilité criminelle pour cause de troubles mentaux est rendu à l’égard d’un accusé, la commission d’examen, sauf si un tribunal a rendu une décision à l’égard de l’accusé, doit, dans les meilleurs délais après le verdict mais au plus tard quarante-cinq jours après le prononcé de celui-ci, tenir une audience et rendre une décision à l’égard de l’accusé.

Prolongation

(2) Le tribunal, s’il est convaincu qu’il existe des circonstances exceptionnelles le justifiant, peut prolonger le délai préalable à la tenue d’une audience visée au paragraphe (1) jusqu’à un maximum de quatre-vingt-dix jours après le prononcé de celui-ci.

Restriction

(3) La commission d’examen doit tenir l’audience et rendre sa décision au plus tard à la fin de la période de quatre-vingt-dix jours qui suit la décision rendue par le tribunal en vertu de l’article 672.54, sauf dans le cas où le tribunal a ordonné la libération inconditionnelle de l’accusé.

1991, ch. 43, art. 4; 2005, ch. 22, art. 15 et 42(F).

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Détermination de l’aptitude à subir son procès par la commission

672.48 (1) Lors de l’audience tenue en vue de rendre ou de réviser une décision à l’égard d’un accusé qui a fait l’objet d’un verdict d’inaptitude à subir son procès, la commission d’examen détermine si, à son avis, celui-ci est, au moment de l’audience, devenu apte à le subir.

Renvoi devant le tribunal

(2) La commission d’examen, si elle détermine qu’au moment de l’audience l’accusé est apte à subir son procès, ordonne son renvoi devant le tribunal afin que celui-ci décide de son aptitude à subir son procès.

Pouvoirs du président

(3) Le président de la commission d’examen peut, si l’accusé et le responsable de l’hôpital où il est détenu y consentent, ordonner le renvoi de l’accusé devant le tribunal afin que celui-ci décide de son aptitude à subir son procès s’il est d’avis que les conditions suivantes sont réunies :

a) l’accusé est apte à le subir;

b) la commission d’examen ne tiendra pas d’audience dans un délai raisonnable.

1991, ch. 43, art. 4; 2005, ch. 22, art. 42(F).

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Détention à l’hôpital

672.49 (1) La commission d’examen ou le président de celle-ci, selon le cas, peut, dans la décision rendue en vertu de l’article 672.47, prévoir que l’accusé continue à être détenu dans un hôpital jusqu’à ce que le tribunal détermine son aptitude à subir son procès à la condition d’avoir des motifs raisonnables de croire que l’accusé deviendra inapte à subir son procès s’il est mis en liberté.

Transmission d’une copie de l’ordonnance

(2) La commission ou le président qui rend une ordonnance de renvoi en vertu de l’article 672.47 en fait parvenir sans délai une copie au tribunal qui a compétence à l’égard de l’accusé et au procureur général de la province où l’accusé doit subir son procès.

1991, ch. 43, art. 4.

Procédure lors de l’audience

672.5 (1) Les règles qui suivent s’appliquent à l’audience que tient un tribunal ou une commission d’examen en vue de déterminer la décision qui devrait être prise à l’égard d’un accusé.

Audience informelle

(2) L’audience peut être aussi informelle que possible, compte tenu des circonstances.

Statut de partie des procureurs généraux

(3) Le tribunal ou la commission d’examen est tenu d’accorder le statut de partie au procureur général de la province où se tient l’audience et, dans le cas d’un transfèrement interprovincial, à celui de la province d’origine, s’ils en font la demande.

Statut de partie des intéressés

(4) S’il est d’avis que la justice l’exige, le tribunal ou la commission d’examen peut accorder le statut de partie à toute personne qui possède un intérêt substantiel dans les procédures afin de protéger les intérêts de l’accusé.

Avis d’audience

(5) Un avis de l’audience est donné à toutes les parties et au procureur général de la province où elle se tient ainsi que, en cas de transfèrement interprovincial, au procureur général de la province d’origine dans le délai et de la façon réglementaires ou prévus par les règles du tribunal ou de la commission.

Avis

(5.1) Un avis de l’audience et les dispositions de cette loi pertinentes aux victimes seront donnés à la victime, lorsque celle-ci en fait la demande, dans le délai et de la manière prévus par les règles du tribunal ou de la commission d’examen.

Huis clos

(6) L’audience peut, en totalité ou en partie, avoir lieu à huis clos si le tribunal ou la commission d’examen considère que cela est dans l’intérêt de l’accusé et n’est pas contraire à l’intérêt public.

Droit à un avocat

(7) L’accusé et toutes les parties ont le droit d’être représentés par avocat.

Avocat d’office

(8) Si l’intérêt de la justice l’exige ou lorsque l’accusé a été déclaré inapte à subir son procès, le tribunal ou la commission d’examen est tenu, dans le cas où l’accusé n’est pas représenté par avocat, de lui en désigner un, avant l’audience ou au moment de celle-ci.

Honoraires et dépenses

(8.1) Dans le cas où l’accusé ne bénéficie pas de l’aide juridique prévue par un régime provincial, le procureur général en cause paie les honoraires et les dépenses de l’avocat désigné au titre du paragraphe (8) dans la mesure où l’accusé ne peut les payer lui-même.

Taxation des honoraires et des dépenses

(8.2) Dans le cas de l’application du paragraphe (8.1), le registraire peut, sur demande du procureur général ou de l’avocat, taxer les honoraires et les dépenses de l’avocat si le procureur général et ce dernier ne s’entendent pas sur leur montant.

Présence de l’accusé

(9) Sous réserve du paragraphe (10), l’accusé a le droit d’être présent durant toute l’audience.

Exclusion ou absence de l’accusé

(10) Le tribunal ou le président de la commission peut :

a) permettre à l’accusé d’être absent pendant la totalité ou une partie de l’audience aux conditions qu’il juge indiquées;

b) exclure l’accusé pendant la totalité ou une partie de l’audience dans les cas suivants :

(i) l’accusé se conduit mal en interrompant les procédures au point qu’il serait difficilement réalisable de les continuer en sa présence,

(ii) le tribunal ou le président est convaincu que sa présence pourrait mettre en danger la vie ou la sécurité d’un tiers ou avoir un effet préjudiciable sur le traitement ou la guérison de l’accusé,

(iii) pour entendre des éléments de preuve, faire des observations, oralement ou par écrit, ou contre-interroger des témoins, afin de pouvoir décider des questions visées au sous­ alinéa (ii).

Droits des parties à l’audience

(11) Toute partie peut présenter des éléments de preuve, faire des observations, oralement ou par écrit, appeler des témoins et contre-interroger les témoins que les autres parties ont appelés et, si un rapport d’évaluation a été présenté par écrit au tribunal ou à la

commission d’examen, peut après en avoir demandé l’autorisation en contre-interroger l’auteur.

Témoins

(12) Une partie ne peut ordonner la présence d’un témoin à l’audience mais peut demander au tribunal ou au président de la commission de le faire.

Télécomparution

(13) Le tribunal ou le président de la commission d’examen peut, si l’accusé y consent, autoriser l’accusé à être présent par télévision en circuit fermé ou par tout autre moyen permettant au tribunal ou à la commission et à l’accusé de se voir et de communiquer simultanément durant toute partie de l’audience.

Ajournement

(13.1) La commission d’examen peut ajourner l’audience pour une période maximale de trente jours afin de s’assurer qu’elle possède les renseignements nécessaires pour lui permettre de rendre une décision ou pour tout autre motif valable.

Détermination de l’état mental de l’accusé

(13.2) Le tribunal ou la commission d’examen qui reçoit un rapport d’évaluation détermine si, depuis la date de la décision rendue à l’égard de l’accusé ou de sa dernière révision, l’état mental de celui-ci a subi un changement pouvant justifier sa libération aux termes des alinéas 672.54a) ou b); le cas échéant, le tribunal ou la commission d’examen avise chacune des victimes de son droit de déposer une déclaration aux termes du paragraphe (14).

Déclaration de la victime

(14) La victime peut rédiger et déposer auprès du tribunal ou de la commission d’examen une déclaration écrite qui décrit les dommages ou les pertes qui lui ont été causés par la perpétration de l’infraction.

Copie de la déclaration

(15) Dans les meilleurs délais possible suivant le verdict de non-responsabilité criminelle pour cause de troubles mentaux, le tribunal ou la commission d’examen veille à ce qu’une copie de la déclaration déposée conformément au paragraphe (14) soit fournie au poursuivant et à l’accusé ou son avocat.

Présentation de la déclaration de la victime

(15.1) Si la victime en fait la demande, le tribunal ou la commission d’examen lui permet de lire la déclaration rédigée et déposée conformément au paragraphe (14) ou d’en faire la présentation de toute autre façon qu’il juge indiquée, sauf s’il est d’avis que cette mesure nuirait à la bonne administration de la justice.

Obligation de s’enquérir

(15.2) Dans les meilleurs délais possible suivant le verdict de non-responsabilité criminelle pour cause de troubles mentaux et avant de rendre une décision en conformité avec les articles 672.45 ou 672.47, le tribunal ou la commission d’examen est tenu de s’enquérir auprès du poursuivant ou de la victime — ou de toute personne la représentant — si la victime a été informée de la possibilité de rédiger une déclaration au titre du paragraphe (14).

Ajournement

(15.3) Le tribunal ou la commission d’examen peut s’il est convaincu que cela ne nuira pas à la bonne administration de la justice, de sa propre initiative ou à la demande de la victime ou du poursuivant, ajourner l’audience visée aux articles 672.45 ou 672.47 pour permettre à la victime de rédiger sa déclaration.

Définition de « victime »

(16) Aux paragraphes (14) et (15.1) à (15.3), « victime » s’entend au sens du paragraphe 722(4).

1991, ch. 43, art. 4; 1997, ch. 18, art. 84; 1999, ch. 25, art. 11(préambule); 2005, ch. 22, art. 16 et 42(F).

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Ordonnance limitant la publication — infractions d’ordre sexuel

672.501 (1) Dans le cadre des audiences qu’elle tient en vertu de l’article 672.5 relativement à une personne déclarée inapte à subir son procès ou non responsable criminellement pour cause de troubles mentaux à l’égard d’une infraction visée au paragraphe 486.4(1), la commission d’examen rend une ordonnance interdisant la publication ou la diffusion de quelque façon que ce soit de tout renseignement qui permettrait d’établir l’identité d’une victime ou d’un témoin âgé de moins de dix-huit ans.

Pornographie juvénile

(2) Dans le cadre des audiences qu’elle tient en vertu de l’article 672.5 relativement à une personne déclarée inapte à subir son procès ou non responsable criminellement pour cause de troubles mentaux à l’égard d’une infraction visée à l’article 163.1, la commission d’examen rend une ordonnance interdisant la publication ou la diffusion de

quelque façon que ce soit de tout renseignement qui permettrait d’établir l’identité d’un témoin âgé de moins de dix-huit ans ou d’une personne faisant l’objet d’une représentation, d’un écrit ou d’un enregistrement qui constitue de la pornographie juvénile au sens de l’article 163.1.

Autres infractions

(3) Dans le cadre des audiences qu’elle tient en vertu de l’article 672.5 relativement à une personne déclarée inapte à subir son procès ou non responsable criminellement pour cause de troubles mentaux à l’égard d’une infraction autre que celles visées aux paragraphes (1) ou (2), la commission d’examen peut, sur demande, rendre une ordonnance interdisant la publication ou la diffusion de quelque façon que ce soit de tout renseignement qui permettrait d’établir l’identité de la victime ou d’un témoin, si elle est convaincue que la bonne administration de la justice l’exige. La demande peut être présentée par le poursuivant, la victime ou le témoin intéressé.

Restriction

(4) Les ordonnances visées aux paragraphes (1) à (3) ne s’appliquent pas à la communication de renseignements dans le cours de l’administration de la justice si la communication ne vise pas à en informer la collectivité.

Contenu de la demande

(5) La demande d’ordonnance visée au paragraphe (3) :

a) est présentée par écrit à la commission d’examen;

b) est notifiée par le demandeur au poursuivant et à l’accusé, ainsi qu’à toute autre personne touchée selon ce que la commission d’examen indique.

Motifs

(6) Elle énonce les motifs invoqués pour montrer que l’ordonnance servirait la bonne administration de la justice.

Possibilité d’une audience

(7) La commission d’examen peut tenir une audience — à huis clos ou non — pour décider si l’ordonnance doit être rendue.

Facteurs à considérer

(8) Pour décider si elle doit rendre l’ordonnance, la commission d’examen prend en compte :

a) le droit à une audition publique et équitable;

b) tout risque sérieux de préjudice grave pour la victime ou le témoin si son identité est révélée;

c) la nécessité d’assurer la sécurité de la victime ou du témoin et de les protéger contre l’intimidation et les représailles;

d) l’intérêt de la société à encourager la dénonciation des infractions et la participation des victimes ou des témoins au système judiciaire;

e) l’existence d’autres moyens efficaces permettant de protéger l’identité de la victime ou du témoin;

f) les effets bénéfiques et les effets préjudiciables de l’ordonnance demandée;

g) les répercussions sur la liberté d’expression des personnes touchées par l’ordonnance demandée;

h) tout autre facteur qu’elle estime pertinent.

Conditions

(9) La commission d’examen peut assortir l’ordonnance de toute condition qu’elle estime indiquée.

Interdiction de publication ou diffusion

(10) À moins que la commission d’examen ne refuse de rendre l’ordonnance, il est interdit à quiconque de publier ou de diffuser de quelque façon que ce soit :

a) le contenu de la demande;

b) tout élément de preuve, tout renseignement ou toute observation présentés lors d’une audience tenue en vertu du paragraphe (7);

c) tout autre renseignement qui permettrait d’établir l’identité de la victime ou du témoin.

Transgression de l’ordonnance

(11) Quiconque transgresse une ordonnance rendue conformément à l’un des paragraphes (1) à (3) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Précision

(12) Il est entendu qu’une ordonnance visée au paragraphe (11) emporte également interdiction, dans toute procédure relative à sa transgression, de publier ou de diffuser de quelque façon que ce soit, quelque renseignement qui permettrait d’établir l’identité de la victime ou du témoin que l’ordonnance vise à protéger.

2005, ch. 22, art. 17 et 64.

Définition de « renseignements décisionnels »

672.51 (1) Au présent article, « renseignements décisionnels » s’entend de la totalité ou d’une partie du rapport d’évaluation remis au tribunal ou à la commission d’examen et de tout autre document écrit dont ils sont saisis, qui concerne l’accusé et qui est pertinent dans le cadre de la décision à rendre.

Communication des renseignements décisionnels

(2) Sous réserve des autres dispositions du présent article, les renseignements décisionnels sont à la disposition des autres parties et de l’avocat qui, le cas échéant, représente l’accusé; le tribunal ou la commission leur en fait parvenir une copie.

Exception à la communication de renseignements décisionnels

(3) Le tribunal ou la commission d’examen est tenu de retenir les renseignements décisionnels et de ne pas les communiquer à l’accusé, dans le cas où il est convaincu, après les avoir étudiés, que, à la lumière du témoignage ou du rapport du médecin chargé de l’évaluation ou du traitement de l’accusé, cette communication risquerait de mettre en danger la vie ou la sécurité d’un tiers ou nuirait sérieusement au traitement ou à la guérison de l’accusé.

Idem

(4) Par dérogation au paragraphe (3), le tribunal ou la commission d’examen peut communiquer la totalité ou une partie des renseignements décisionnels à l’accusé, s’il est d’avis que cette communication est essentielle dans l’intérêt de la justice.

Idem

(5) Le tribunal ou la commission d’examen est tenu de retenir les renseignements décisionnels et de ne pas les communiquer à une partie autre que l’accusé ou le procureur général, dans le cas où il est d’avis que la communication n’est pas nécessaire dans le cadre des procédures et pourrait causer un préjudice à l’accusé.

Exclusion de certaines personnes

(6) Lorsque des renseignements décisionnels n’ont pas été communiqués à l’accusé ou à une partie en conformité avec les paragraphes (3) ou (5), le tribunal ou la commission exclut l’accusé ou cette partie de l’audience pendant :

a) soit la présentation orale de ces renseignements;

b) soit l’interrogatoire fait par le tribunal ou la commission ou le contre-interrogatoire d’une personne à l’égard de leur contenu.

Interdiction de communication dans certains cas

(7) Les renseignements décisionnels ne peuvent être communiqués à une autre personne qui n’est pas partie aux procédures ou mis à sa disposition lorsque :

a) soit, ils n’ont pas été communiqués à l’accusé ou à une autre partie, en vertu des paragraphes (3) ou (5);

b) soit, le tribunal ou la commission d’examen est d’avis que leur communication causerait un préjudice sérieux à l’accusé et que, dans les circonstances, ce préjudice l’emporte sur l’intérêt public à la communication de tout le dossier.

Idem

(8) La partie du procès-verbal des procédures qui correspond à la partie de l’audience durant laquelle l’accusé avait été exclu en vertu des sous-alinéas 672.5(10)b)(ii) ou (iii) ne peut être remise ni à l’accusé ni à toute autre personne qui n’était pas partie aux procédures et son contenu ne peut leur être communiqué.

Communication sélective

(9) Par dérogation aux paragraphes (7) et (8), le tribunal ou la commission d’examen peut, sur demande, mettre des renseignements décisionnels ou une copie de ceux-ci à la disposition des personnes ou catégories de personnes qui, selon le cas :

a) possèdent un intérêt valable du point de vue de la recherche ou des statistiques, à la condition que le tribunal ou la commission soit convaincu que cette communication est d’intérêt public;

b) possèdent un intérêt valable du point de vue de l’administration de la justice;

c) y sont autorisées par écrit par l’accusé ou à l’intention de qui celui-ci fait une demande en ce sens si le tribunal ou la commission est convaincu que ces documents ou les renseignements qu’ils contiennent ne seront pas communiqués à celui-ci lorsque leur communication a déjà été interdite en vertu du paragraphe (3) ou qu’il s’agit de la partie du procès-verbal visée au paragraphe (8), ou si le tribunal ou la commission est convaincu qu’il n’y a plus raison d’en interdire la communication à l’accusé.

Recherches et statistiques

(10) Les personnes qui, en vertu de l’alinéa (9)a), ont accès à des renseignements décisionnels peuvent les communiquer, aux fins mentionnées à cet alinéa, mais non sous une forme normalement susceptible de permettre l’identification des personnes concernées.

Interdiction de publication

(11) Il est interdit de publier ou de diffuser de quelque façon que ce soit :

a) les renseignements décisionnels qui ne peuvent être communiqués en application du paragraphe (7);

b) la partie du procès-verbal qui concerne la partie de l’audience durant laquelle l’accusé avait été exclu en vertu des sous-alinéas 672.5(10) b)(ii) ou (iii).

Pouvoirs des tribunaux

(12) Sous réserve des autres dispositions du présent article, celui-ci ne porte pas atteinte aux pouvoirs qu’un tribunal peut exercer indépendamment de lui.

1991, ch. 43, art. 4; 1997, ch. 18, art. 85; 2005, ch. 22, art. 18 et 42(F), ch. 32, art. 22.

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Procès-verbal

672.52 (1) Le tribunal ou la commission d’examen tient un procès-verbal des audiences tenues à l’égard d’une décision; est notamment versé au procès-verbal, le rapport d’évaluation qui lui est soumis.

Transmission des documents à la commission d’examen

(2) Le tribunal qui tient une audience en vertu du paragraphe 672.45(1), qu’il rende une décision ou non, est tenu de faire parvenir sans délai à la commission d’examen compétente le procès-verbal de l’audience et tout autre renseignement ou pièce s’y rapportant qui sont en sa possession, ou des copies de ceux-ci.

Motifs et copies

(3) Le tribunal ou la commission d’examen inscrit ses motifs au procès-verbal et fait parvenir à toutes les parties un exemplaire de sa décision accompagnée des motifs.

1991, ch. 43, art. 4; 2005, ch. 22, art. 19 et 42(F).

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Validité des procédures

672.53 Sauf en cas de préjudice sérieux porté à l’accusé, une irrégularité procédurale ne porte pas atteinte à la validité des procédures.

1991, ch. 43, art. 4.

Décisions rendues par le tribunal ou la commission d’examen

Modalités des décisions

Décisions

672.54 Pour l’application du paragraphe 672.45(2) ou des articles 672.47 ou 672.83, le tribunal ou la commission d’examen rend la décision la moins sévère et la moins privative de liberté parmi celles qui suivent, compte tenu de la nécessité de protéger le public face aux personnes dangereuses, de l’état mental de l’accusé et de ses besoins, notamment de la nécessité de sa réinsertion sociale :

a) lorsqu’un verdict de non-responsabilité criminelle pour cause de troubles mentaux a été rendu à l’égard de l’accusé, une décision portant libération inconditionnelle de celui­ ci si le tribunal ou la commission est d’avis qu’il ne représente pas un risque important pour la sécurité du public;

b) une décision portant libération de l’accusé sous réserve des modalités que le tribunal ou la commission juge indiquées;

c) une décision portant détention de l’accusé dans un hôpital sous réserve des modalités que le tribunal ou la commission juge indiquées.

1991, ch. 43, art. 4; 2005, ch. 22, art. 20.

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Déclaration de la victime

672.541 En cas de verdict de non-responsabilité criminelle pour cause de troubles mentaux, le tribunal ou la commission d’examen prend en compte, à l’audience tenue conformément aux articles 672.45, 672.47, 672.81 ou 672.82 et dans le cadre des critères énoncés à l’article 672.54, toute déclaration déposée en conformité avec le paragraphe 672.5(14) en vue de rendre une décision ou de fixer des modalités au titre de l’article 672.54.

1999, ch. 25, art. 12(préambule); 2005, ch. 22, art. 21.

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Traitement

672.55 (1) La décision visée à l’article 672.54 ne peut prescrire de traitement, notamment un traitement psychiatrique, pour l’accusé ou ordonner que celui-ci s’y soumette; elle peut toutefois comporter une condition relative à un traitement que le tribunal ou la commission d’examen estime raisonnable et nécessaire aux intérêts de l’accusé et à laquelle celui-ci consent.

(2) [Abrogé, 2005, ch. 22, art. 22]

1991, ch. 43, art. 4; 1997, ch. 18, art. 86; 2005, ch. 22, art. 22.

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Délégation

672.56 (1) La commission d’examen qui rend une décision à l’égard d’un accusé en vertu des alinéas 672.54b) ou c) peut déléguer au responsable de l’hôpital le pouvoir d’assouplir ou de resserrer les privations de liberté de l’accusé à l’intérieur des limites prévues par l’ordonnance et sous réserve des modalités de celle-ci; toute modification qu’ordonne ainsi cette personne est, pour l’application de la présente loi, réputée être une décision de la commission d’examen.

Avis à la commission d’examen

(2) La personne qui, en conformité avec le pouvoir qui lui est délégué en vertu du paragraphe (1), décide de resserrer d’une façon importante les privations de liberté de l’accusé est tenue de porter cette décision au dossier de l’accusé; elle est tenue, dès que cela est réalisable, d’en aviser l’accusé et, si le resserrement des privations demeure en vigueur pendant plus de sept jours, la commission d’examen.

1991, ch. 43, art. 4.

Mandat de dépôt

672.57 Le tribunal ou la commission qui rend une décision à l’égard d’un accusé en conformité avec l’alinéa 672.54c) fait émettre un mandat de dépôt selon la formule 49.

1991, ch. 43, art. 4.

Décision prévoyant un traitement

672.58 Dans le cas où un verdict d’inaptitude à subir son procès a été rendu à l’égard de l’accusé et à la condition que le tribunal n’ait rendu aucune décision à son égard en vertu de l’article 672.54, le tribunal peut, sur demande du poursuivant, rendre une décision prévoyant le traitement de l’accusé pour une période maximale de soixante jours, sous réserve des modalités que le tribunal fixe et, si celui-ci n’est pas détenu, lui enjoignant de s’y soumettre et de se présenter à la personne ou à l’hôpital indiqué.

1991, ch. 43, art. 4.

Critères

672.59 (1) Aucune décision ne peut être rendue en vertu de l’article 672.58 à moins que le tribunal ne soit convaincu, à la lumière du témoignage d’un médecin, qu’un traitement particulier devrait être donné à l’accusé afin de le rendre apte à subir son procès.

Preuve nécessaire

(2) Pour l’application du paragraphe (1), le témoignage comporte une déclaration portant que le médecin a évalué l’état mental de l’accusé et que, selon son avis motivé :

a) au moment de l’évaluation, l’accusé était inapte à subir son procès;

b) le traitement psychiatrique et tout autre traitement médical connexe qu’il précise le rendront vraisemblablement apte à subir son procès dans un délai maximal de soixante jours et que, en l’absence de ce traitement, l’accusé demeurera vraisemblablement inapte à subir son procès;

c) le traitement psychiatrique et tout autre traitement médical connexe qu’il précise n’entraînent pas pour l’accusé un risque démesuré, compte tenu des bénéfices espérés;

d) le traitement psychiatrique et tout autre traitement médical connexe qu’il précise sont les moins sévères et les moins privatifs de liberté qui, dans les circonstances, pourraient être prescrits pour l’application du paragraphe (1), compte tenu des alinéas b) et c).

1991, ch. 43, art. 4.

Avis obligatoire

672.6 (1) Le tribunal ne peut rendre une décision en vertu de l’article 672.58 que si le poursuivant a informé l’accusé par écrit et dans les plus brefs délais du dépôt de la demande.

Contestation par l’accusé

(2) L’accusé visé par une demande mentionnée au paragraphe (1) peut la contester et présenter des éléments de preuve à ce sujet.

1991, ch. 43, art. 4; 1997, ch. 18, art. 87.

Exception

672.61 (1) Le tribunal ne peut autoriser un traitement par psychochirurgie ou par sismothérapie ou tout autre traitement interdit désigné par règlement; une décision rendue en vertu de l’article 672.58 ne peut pas autoriser ou être réputée avoir autorisé un tel traitement.

Définitions

(2) Les définitions qui suivent s’appliquent au présent article.

« psychochirurgie »

“psychosurgery”

« psychochirurgie » Opération qui, par un accès direct ou indirect au cerveau, enlève ou détruit des cellules cérébrales ou entraîne un bris de continuité dans le tissu histologiquement normal ou qui consiste à implanter dans le cerveau des électrodes en vue d’obtenir par stimulation électrique une modification du comportement ou le traitement de maladies psychiatriques; toutefois, la présente définition ne vise pas des procédures neurologiques utilisées pour diagnostiquer ou traiter des conditions cérébrales organiques ou pour diagnostiquer ou traiter les douleurs physiques irréductibles ou l’épilepsie lorsque l’une de ces conditions existent réellement.

« sismothérapie »

“electro-convulsive therapy”

« sismothérapie » Procédure médicale utilisée dans le traitement des troubles mentaux qui consiste en des séries de convulsions généralisées qui sont induites par stimulation électrique du cerveau.

1991, ch. 43, art. 4.

Consentement obligatoire de l’hôpital

672.62 (1) Le tribunal ne peut rendre une décision en vertu de l’article 672.58 sans le consentement du responsable de l’hôpital où l’accusé doit subir le traitement, ou de la personne que le tribunal charge de ce traitement.

Consentement de l’accusé non obligatoire

(2) Le tribunal peut ordonner le traitement de l’accusé en conformité avec une décision rendue en vertu de l’article 672.58 sans le consentement de celui-ci ou de la personne qui,

selon le droit de la province où la décision est rendue, est autorisée à donner ce consentement au nom de l’accusé.

1991, ch. 43, art. 4.

Date d’entrée en vigueur

672.63 La décision entre en vigueur le jour où elle est rendue ou à la date ultérieure que fixe le tribunal ou la commission d’examen et le demeure jusqu’à ce que la commission tienne une audience pour la réviser et rende une nouvelle décision.

1991, ch. 43, art. 4; 2005, ch. 22, art. 23.

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672.64 à 672.66 [Pas d'articles 672.64 à 672.66]

Contrevenants à double statut

Décision de détention rendue par le tribunal

672.67 (1) Lorsque le tribunal inflige une peine à un contrevenant qui est ou devient ainsi à double statut, la peine prévaut sur toute autre ordonnance de détention antérieure jusqu’à ce que la commission d’examen rende une ordonnance de placement à son égard.

Décision de détention du tribunal

(2) Lorsque le tribunal rend une décision de détention à l’égard d’un accusé qui est ou devient ainsi à double statut, la décision l’emporte sur toute peine d’emprisonnement antérieure jusqu’à ce que la commission d’examen rende une ordonnance de placement à l’égard du contrevenant.

1991, ch. 43, art. 4; 1995, ch. 22, art. 10; 2005, ch. 22, art. 25.

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Définition de « ministre »

672.68 (1) Au présent article et aux articles 672.69 et 672.7, « ministre » s’entend du ministre de la Sécurité publique et de la Protection civile ou du ministre responsable des services correctionnels dans la province où le contrevenant à double statut peut être incarcéré en vertu d’une peine d’emprisonnement.

Ordonnance de placement de la commission d’examen

(2) À la demande du ministre, ou de sa propre initiative — à la condition de donner un préavis raisonnable de son intention au contrevenant ainsi qu’au ministre, s’il y a lieu — , la commission d’examen doit décider s’il y a lieu de placer le contrevenant à double statut sous garde dans un hôpital ou dans une prison si elle est d’avis que le lieu de détention du contrevenant en conformité avec une peine d’emprisonnement ou une décision de détention rendue par le tribunal est inadéquat compte tenu des besoins en matière de santé mentale du contrevenant ou de la nécessité de protéger le bien-être des autres.

Idem

(3) Pour rendre une ordonnance de placement, la commission d’examen prend en compte les facteurs suivants :

a) la nécessité de protéger le public face aux personnes dangereuses;

b) les besoins en traitement du contrevenant et la disponibilité des installations et des personnes affectées au traitement;

c) le consentement du contrevenant au traitement et sa capacité à bien réagir à celui-ci;

d) les observations que le contrevenant ou toute autre partie a présentées à la commission d’examen et les rapports d’évaluation écrits qui lui ont été remis;

e) les autres facteurs qu’elle juge pertinents.

Délai

(4) La commission d’examen est tenue de rendre sa décision de placement dès que cela est réalisable et au plus tard trente jours après avoir été saisie de la demande dans ce sens que lui présente le ministre ou après avoir envoyé le préavis mentionné au paragraphe (2), sauf si le ministre et la commission conviennent d’une période plus longue qui ne peut cependant être supérieure à soixante jours.

Conséquences

(5) Lorsque la commission d’examen rend une décision de placement portant que le contrevenant soit détenu dans une prison, le ministre est responsable de la surveillance et du contrôle du contrevenant.

1991, ch. 43, art. 4; 2005, ch. 10, art. 34.

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Idem

672.69 (1) Le ministre et la commission d’examen ont droit d’accès au contrevenant à double statut qui fait l’objet d’une ordonnance de placement dans le cadre de la révision de la peine ou de la décision rendue à son égard.

Révision des ordonnances de placement

(2) La commission d’examen tient une audience le plus tôt possible pour réviser une ordonnance de placement à la demande du ministre ou du contrevenant qui en fait l’objet si elle est convaincue qu’un changement important est survenu dans les circonstances.

Idem

(3) La commission d’examen peut de sa propre initiative tenir une audience en vue de réviser une ordonnance de placement après avoir donné un préavis raisonnable au ministre et au contrevenant.

Statut de partie accordé au ministre

(4) Le ministre est partie aux procédures qui portent sur le placement d’un contrevenant à double statut.

1991, ch. 43, art. 4; 2005, ch. 22, art. 42(F).

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Avis de libération

672.7 (1) Le ministre et la commission d’examen sont tenus de s’informer mutuellement par écrit de leur intention de libérer un contrevenant à double statut qui est détenu sous garde, l’avis portant une indication de l’heure, du lieu et des modalités de la mise en liberté.

Mandat de dépôt

(2) La commission d’examen qui rend une ordonnance de placement délivre un mandat de dépôt de l’accusé selon le formulaire 50.

1991, ch. 43, art. 4.

Présomption

672.71 (1) Le contrevenant à double statut qui est détenu en conformité avec une ordonnance de placement ou une décision de détention est réputé purger la peine d’emprisonnement qui lui a été infligée et est réputé légalement détenu dans une prison.

Primauté sur les ordonnances de probation

(2) Lorsqu’un contrevenant à double statut est déclaré coupable ou libéré en conformité avec les modalités d’une ordonnance de probation rendue en vertu de l’article 730 à l’égard d’une infraction mais n’est pas condamné à une peine d’emprisonnement, l’ordonnance de placement rendue à son égard entre en vigueur et, par dérogation au paragraphe 732.2(1), prévaut sur toute ordonnance de probation rendue à l’égard de l’infraction.

1991, ch. 43, art. 4; 1995, ch. 22, art. 10.

Appels Motifs d’appel

672.72 (1) Toute partie aux procédures peut interjeter appel à la cour d’appel de la province où elles sont rendues d’une décision d’un tribunal ou d’une commission d’examen, ou d’une ordonnance de placement rendue par cette dernière pour tout motif de droit, de fait ou mixte de droit et de fait.

Délai d’appel

(2) L’appelant doit donner un avis d’appel, de la façon prévue par les règles de la cour d’appel, dans les quinze jours suivant la date à laquelle il a reçu une copie de la décision ou de l’ordonnance dont appel et des motifs ou dans le délai supérieur que la cour d’appel ou l’un de ses juges fixe.

Priorité de l’appel

(3) L’appel visé au paragraphe (1) est entendu dans les meilleurs délais possible suivant la remise de l’avis d’appel — pendant une session de la cour d’appel ou non — dans le délai que fixe la cour d’appel ou un juge de celle-ci ou que prévoient les règles de la cour.

1991, ch. 43, art. 4; 1997, ch. 18, art. 88.

Appel sur le fondement du dossier

672.73 (1) L’appel est fondé sur la transcription déposée auprès de la cour d’appel et sur les autres éléments de preuve dont la cour d’appel accepte la présentation lorsqu’elle estime que la justice l’exige.

Éléments de preuve supplémentaires

(2) Pour l’application du présent article, les paragraphes 683(1) et (2) s’appliquent, avec les adaptations nécessaires.

1991, ch. 43, art. 4.

Dépôt du dossier en cas d’appel

672.74 (1) Lorsqu’un avis d’appel a été donné, le greffier de la cour d’appel en informe le tribunal ou la commission d’examen qui a rendu la décision ou l’ordonnance de placement dont appel.

Transmission des dossiers à la cour d’appel

(2) Sur réception de l’avis, le tribunal ou la commission d’examen transmet à la cour d’appel, avant la date où l’appel doit être entendu, ou dans tel délai supplémentaire que la cour d’appel ou un juge de cette cour peut fixer :

a) une copie de la décision ou de l’ordonnance de placement;

b) toutes les pièces — ou une copie de celles-ci — qui ont été déposées;

c) tous les autres documents en sa possession concernant l’audience.

Dossiers de la cour d’appel

(3) Le greffier de la cour d’appel conserve les documents reçus en conformité avec le paragraphe (2) aux archives de la cour d’appel.

Remise de la transcription par l’appelant

(4) Si les dépositions présentées au tribunal ou à la commission d’examen ont été recueillies par un sténographe, ou au moyen d’un appareil d’enregistrement du son, l’appelant doit, sauf décision de la cour d’appel ou disposition des règles de celle-ci à l’effet contraire, faire fournir à la cour d’appel et à l’intimé une transcription de ces dépositions, certifiée par le sténographe ou en conformité avec le paragraphe 540(6), pour qu’elle serve lors de l’appel.

Réserve

(5) La cour d’appel ne peut rejeter un appel du seul fait qu’une personne autre que l’appelant n’a pas observé les dispositions du présent article.

1991, ch. 43, art. 4; 2005, ch. 22, art. 42(F).

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Suspension d’application

672.75 Le dépôt d’un avis d’appel interjeté à l’égard d’une décision rendue en vertu de l’alinéa 672.54a) ou de l’article 672.58 suspend l’application de la décision jusqu’à la décision sur l’appel.

1991, ch. 43, art. 4.

Demandes

672.76 (1) Toute partie qui en donne avis à chacune des autres parties peut, dans le délai et de la manière réglementaires, demander à un juge de la cour d’appel de rendre une ordonnance sous le régime du présent article à l’égard d’une décision ou d’une ordonnance de placement qui font l’objet d’un appel.

Pouvoir discrétionnaire en matière de suspension des décisions

(2) Un juge de la cour d’appel saisi de la demande peut, s’il est d’avis que l’état mental de l’accusé le justifie :

a) rendre une ordonnance portant que l’application d’une décision rendue en vertu de l’alinéa 672.54a) ou de l’article 672.58 ne soit pas suspendue tant que l’appel est en instance, par dérogation à l’article 672.75;

b) rendre une ordonnance portant suspension de l’application de toute décision rendue en vertu des alinéas 672.54b) ou c) ou d’une ordonnance de placement qui font l’objet de l’appel;

c) lorsque l’application d’une décision est suspendue en vertu de l’article 672.75 ou d’une ordonnance visée à l’alinéa b), rendre à l’égard de l’accusé toute autre décision applicable — à l’exception d’une décision visée à l’alinéa 672.54a) ou à l’article 672.58 — qu’il estime justifiée dans les circonstances tant que l’appel est en instance;

d) lorsque l’application d’une ordonnance de placement est suspendue en vertu de l’alinéa b), rendre l’ordonnance de placement indiquée, compte tenu des circonstances, tant que l’appel est en instance;

e) donner les directives qui sont à son avis nécessaires pour que l’appel soit entendu.

Copies aux parties

(3) Le juge de la cour d’appel qui rend une décision sous le régime du présent article en fait parvenir sans délai une copie à toutes les parties.

1991, ch. 43, art. 4.

Conséquences de la suspension

672.77 Lorsque l’application d’une décision ou d’une ordonnance de placement dont appel est suspendue, toute décision ou, en l’absence d’une décision, toute ordonnance de mise en liberté provisoire ou de détention de l’accusé qui était en vigueur immédiatement avant la prise d’effet de la décision ou de l’ordonnance de placement reste en vigueur

pendant que l’appel est en instance, sous réserve de toute décision qui peut être rendue en vertu de l’alinéa 672.76(2)c).

1991, ch. 43, art. 4.

Pouvoirs de la cour d’appel

672.78 (1) La cour d’appel peut accueillir l’appel interjeté à l’égard d’une décision ou d’une ordonnance de placement et annuler toute ordonnance rendue par le tribunal ou la commission d’examen si elle est d’avis que, selon le cas :

a) la décision ou l’ordonnance est déraisonnable ou ne peut pas s’appuyer sur la preuve;

b) il s’agit d’une erreur de droit;

c) il y a eu erreur judiciaire.

Idem

(2) La cour d’appel peut rejeter l’appel, dans l’un ou l’autre des cas suivants :

a) les alinéas (1)a), b) et c) ne s’appliquent pas;

b) l’alinéa (1)b) peut s’appliquer, mais elle est d’avis qu’aucun tort important ou aucune erreur judiciaire ne s’est produit.

Idem

(3) La cour d’appel, si elle accueille l’appel, peut :

a) rendre la décision en vertu de l’article 672.54 ou l’ordonnance de placement que la commission d’examen aurait pu rendre;

b) renvoyer l’affaire au tribunal ou à la commission d’examen pour une nouvelle audition, complète ou partielle, en conformité avec les instructions qu’elle lui donne;

c) rendre toute autre ordonnance que la justice exige.

1991, ch. 43, art. 4; 1997, ch. 18, art. 89.

672.79 [Abrogé, 2005, ch. 22, art. 26]

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672.8 [Abrogé, 2005, ch. 22, art. 26]

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Révision des décisions Révisions

672.81 (1) La commission d’examen qui a rendu une décision à l’égard d’un accusé tient une nouvelle audience au plus tard douze mois après la décision et à l’intérieur de chaque période de douze mois suivante tant que la décision rendue est en vigueur, à l’exception de la décision prononçant une libération inconditionnelle en vertu de l’alinéa 672.54a).

Prorogation sur consentement

(1.1) Par dérogation au paragraphe (1), la commission d’examen peut proroger le délai préalable à la tenue d’une audience de révision jusqu’à un maximum de vingt-quatre mois après la décision ou sa révision, si l’accusé est représenté par un avocat et que l’accusé et le procureur général y consentent.

Prorogation pour infraction grave contre la personne

(1.2) Par dérogation au paragraphe (1), la commission d’examen peut, après avoir rendu une décision au terme de l’audience de révision tenue en vertu du présent article, proroger le délai préalable à la tenue d’une audience de révision subséquente en vertu du présent article jusqu’à un maximum de vingt-quatre mois si les conditions suivantes sont réunies :

a) l’accusé fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux à l’égard d’une infraction grave contre la personne;

b) l’accusé fait l’objet d’une décision rendue en vertu de l’alinéa 672.54c);

c) elle est convaincue, à la lumière de tout renseignement utile, y compris les renseignements décisionnels au sens du paragraphe 672.51(1) et tout rapport d’évaluation fait à la suite d’une ordonnance d’évaluation rendue en vertu de l’alinéa 672.121a), que l’état de l’accusé ne s’améliorera probablement pas et que sa détention demeure nécessaire pendant la période prorogée.

Définition de « infraction grave contre la personne »

(1.3) Au paragraphe (1.2), « infraction grave contre la personne » s’entend, selon le cas :

a) d’un acte criminel mettant en cause :

(i) soit la violence ou la tentative d’utiliser la violence contre une autre personne,

(ii) soit un comportement qui met ou risque de mettre en danger la vie ou la sécurité d’une autre personne ou qui inflige ou risque d’infliger des dommages psychologiques graves à une autre personne;

b) d’un acte criminel visé aux articles 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 ou 273 ou de la tentative de perpétration d’un tel acte.

Avis

(1.4) La commission d’examen qui proroge le délai en vertu du paragraphe (1.2) est tenue de donner avis de la prorogation à l’accusé, au poursuivant et au responsable de l’hôpital où l’accusé est détenu.

Appel

(1.5) Les articles 672.72 à 672.78 s’appliquent à la décision de la commission de proroger le délai en vertu du paragraphe (1.2).

Révisions supplémentaires obligatoires en cas de détention

(2) La commission d’examen tient une audience pour réviser toute décision rendue en vertu des alinéas 672.54b) ou c) le plus tôt possible après qu’elle est avisée que la personne responsable du lieu où l’accusé est détenu ou doit se présenter le demande.

Révisions supplémentaires en cas de resserrement important des privations de liberté

(2.1) Le plus tôt possible après réception de l’avis prévu au paragraphe 672.56(2), la commission d’examen tient une audience pour réviser tout resserrement important des privations de liberté de l’accusé.

Idem

(3) La commission d’examen doit tenir une audience de révision de la décision rendue en vertu de l’alinéa 672.54c) et portant détention de l’accusé dès que possible après qu’elle est informée qu’une peine d’emprisonnement lui a été infligée à l’égard d’une autre infraction.

1991, ch. 43, art. 4; 2005, ch. 22, art. 27 et 42(F).

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Révisions facultatives

672.82 (1) La commission d’examen peut, en tout temps, tenir une audience de sa propre initiative ou à la demande de l’accusé ou de toute autre partie pour réviser ses propres décisions.

Avis

(1.1) Dans le cas où l’audience est tenue de sa propre initiative, la commission d’examen en donne avis au poursuivant, à l’accusé et à toute autre partie.

Abandon de l’appel

(2) Lorsqu’une révision d’une décision visée par un appel interjeté par une partie en vertu de l’article 672.72 commence à la demande de cette partie, l’appel est réputé avoir été abandonné.

1991, ch. 43, art. 4; 2005, ch. 22, art. 28.

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Révision de la décision

672.83 (1) À l’audience tenue en conformité avec les articles 672.81 ou 672.82, la commission d’examen, sauf dans le cas où il a été déterminé en vertu du paragraphe 672.48(1) que l’accusé est apte à subir son procès, révise la décision et rend toute décision indiquée dans les circonstances.

(2) [Abrogé, 2005, ch. 22, art. 29]

1991, ch. 43, art. 4; 1997, ch. 18, art. 90; 2005, ch. 22, art. 29 et 42(F).

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672.84 [Abrogé, 2005, ch. 22, art. 30]

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Pouvoirs relatifs à la comparution Présence de l’accusé devant la commission

672.85 Afin d’assurer la présence de l’accusé visé par une audience, notamment s’il ne s’est pas présenté à une telle audience en contravention d’une sommation ou d’un mandat, le président de la commission d’examen :

a) si l’accusé visé par l’audience est détenu, ordonne que la personne responsable de sa garde l’amène devant la commission d’examen à l’heure, à la date et au lieu fixés pour l’audience;

b) si l’accusé n’est pas détenu, peut, par sommation ou mandat, le contraindre à comparaître devant la commission d’examen à l’heure, à la date et au lieu fixés pour l’audience.

1991, ch. 43, art. 4; 2005, ch. 22, art. 32 et 42(F).

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Suspension d’instance Recommandation de la commission d’examen

672.851 (1) La commission d’examen peut, de sa propre initiative, recommander au tribunal qui a compétence à l’égard de l’infraction dont un accusé déclaré inapte à subir son procès était inculpé de tenir une audience pour décider si la suspension de l’instance devrait être prononcée, lorsque, à la fois :

a) elle a tenu une audience en vertu des articles 672.81 ou 672.82 à l’égard de l’accusé;

b) elle est d’avis, à la lumière de tout renseignement utile, y compris les renseignements décisionnels au sens du paragraphe 672.51(1) et tout rapport d’évaluation fait à la suite d’une ordonnance d’évaluation rendue en vertu de l’alinéa 672.121a), que :

(i) d’une part, l’accusé n’est toujours pas apte à subir son procès et ne le sera vraisemblablement jamais,

(ii) d’autre part, il ne présente aucun danger important pour la sécurité du public.

Avis

(2) La commission d’examen qui recommande la tenue d’une audience en avise l’accusé, le poursuivant et toute autre partie qui, à son avis, a un intérêt réel à protéger les intérêts de l’accusé.

Audience

(3) Dans les meilleurs délais possible après réception de la recommandation visée au paragraphe (1), le tribunal peut tenir une audience pour décider si la suspension de l’instance devrait être prononcée.

Initiative du tribunal

(4) À la lumière de tout renseignement utile, le tribunal peut également, de sa propre initiative, tenir une telle audience s’il est d’avis que :

a) d’une part, l’accusé n’est toujours pas apte à subir son procès et ne le sera vraisemblablement jamais;

b) d’autre part, il ne présente aucun danger important pour la sécurité du public.

Ordonnance d’évaluation

(5) S’il tient une audience en vertu des paragraphes (3) ou (4), le tribunal rend une ordonnance d’évaluation visant l’accusé.

Application

(6) L’article 672.51 s’applique aux audiences tenues sous le régime du présent article.

Suspension de l’instance

(7) Le tribunal peut, au terme de l’audience, ordonner la suspension de l’instance s’il est convaincu :

a) sur le fondement de renseignements concluants, que l’accusé n’est toujours pas apte à subir son procès et ne le sera vraisemblablement jamais;

b) qu’il ne présente aucun danger important pour la sécurité du public;

c) que la mesure servirait la bonne administration de la justice.

Critères

(8) Pour décider si la suspension de l’instance servirait la bonne administration de la justice, le tribunal prend en compte les observations présentées par le poursuivant, l’accusé ou toute autre partie ainsi que les facteurs suivants :

a) la nature et la gravité de l’infraction reprochée;

b) les effets bénéfiques et les effets préjudiciables de l’ordonnance, notamment en ce qui a trait à la confiance du public envers l’administration de la justice;

c) le temps écoulé depuis la perpétration de l’infraction reprochée et le fait qu’une audience a été tenue ou non en vertu de l’article 672.33 pour décider s’il existe toujours suffisamment d’éléments de preuve pour ordonner que l’accusé subisse son procès;

d) tout autre facteur qu’il estime pertinent.

Conséquences

(9) La suspension de l’instance rend inopérante toute décision qui a été rendue à l’égard de l’accusé. Le refus de prononcer la suspension maintient en vigueur le verdict d’inaptitude de l’accusé à subir son procès et toute décision qui a été rendue à son égard, jusqu’à ce que la commission d’examen tienne une audience de révision et rende une décision en vertu de l’article 672.83.

2005, ch. 22, art. 33.

Appel

672.852 (1) La cour d’appel peut accueillir l’appel interjeté contre une ordonnance de suspension d’instance rendue en vertu du paragraphe 672.851(7), si elle est déraisonnable ou ne peut se justifier au regard de la preuve.

Conséquences

(2) Si elle accueille l’appel, la cour d’appel peut annuler l’ordonnance de suspension d’instance et rétablir le verdict d’inaptitude de l’accusé à subir son procès ou toute décision rendue à son égard.

2005, ch. 22, art. 33.

Transfèrements interprovinciaux Transfèrements interprovinciaux

672.86 (1) L’accusé qui est détenu sous garde ou qui doit se présenter dans un hôpital en conformité avec une décision rendue par un tribunal ou une commission d’examen sous le régime de l’alinéa 672.54c) ou un tribunal sous le régime de l’article 672.58 peut, sur recommandation de la commission d’examen de la province où il est détenu ou de celle de l’endroit où il doit se présenter, être transféré, à des fins de réinsertion sociale, de guérison, de garde ou de traitement, dans tout autre lieu au Canada à la condition que le procureur général de la province d’origine et celui de la province d’arrivée — ou le fonctionnaire que désigne l’un ou l’autre — y consentent.

Transfèrement d’un accusé en détention

(2) Pour effectuer le transfèrement d’un accusé en détention il est nécessaire qu’un mandat soit signé par le fonctionnaire que le procureur général de la province d’origine désigne à cette fin; le mandat doit indiquer le nouveau lieu de détention.

Transfèrement d’un accusé en liberté

(2.1) L’accusé en liberté peut, sur recommandation de la commission d’examen de la province d’origine, être transféré, à des fins de réinsertion sociale, de guérison, de garde ou de traitement, dans tout autre lieu au Canada à la condition que le procureur général de

la province d’origine et celui de la province d’arrivée — ou le fonctionnaire que désigne l’un ou l’autre — y consentent.

Ordonnance

(3) En vue du transfèrement d’un accusé en conformité avec le paragraphe (2.1), la commission d’examen de la province d’origine rend une ordonnance :

a) soit pour prévoir la détention de l’accusé et son transfèrement en vertu du mandat visé au paragraphe (2);

b) soit pour lui enjoindre de se présenter au lieu désigné sous réserve des modalités qu’elle ou la commission d’examen de la province d’arrivée juge indiquées.

1991, ch. 43, art. 4; 2005, ch. 22, art. 34.

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Transfèrement

672.87 Le mandat visé au paragraphe 672.86(2) constitue une autorisation suffisante :

a) pour le responsable de la garde de l’accusé de le faire amener sous garde et de le remettre à la garde du responsable de l’autre lieu où il doit être détenu;

b) pour la personne désignée dans le mandat de le détenir sous garde en conformité avec l’ordonnance rendue à son égard en vertu de l’alinéa 672.54c) qui est en cours de validité.

1991, ch. 43, art. 4.

Compétence de la commission d’examen de la province du transfèrement

672.88 (1) La commission d’examen de la province dans laquelle est transféré l’accusé en vertu de l’article 672.86 a compétence exclusive à son égard et peut exercer toutes les attributions mentionnées aux articles 672.5 et 672.81 à 672.83 comme si elle avait rendu la décision à l’égard de l’accusé.

Entente

(2) Par dérogation au paragraphe (1), le procureur général de la province dans laquelle l’accusé est transféré peut conclure une entente, sous réserve des autres dispositions de la présente loi, avec le procureur général de la province d’origine permettant à la commission d’examen de cette province d’exercer les attributions mentionnées au paragraphe (1) à l’égard de l’accusé dans les circonstances et sous réserve des modalités mentionnées dans l’entente.

1991, ch. 43, art. 4.

Autres transfèrements interprovinciaux

672.89 (1) Lorsqu’un accusé détenu en vertu d’une décision d’une commission d’examen est transféré dans une autre province dans un cas non visé à l’article 672.86, la commission d’examen de la province d’origine a compétence exclusive à son égard et peut continuer à exercer les attributions mentionnées aux articles 672.5 et 672.81 à 672.83.

Entente

(2) La présente loi ne porte pas atteinte au pouvoir des procureurs généraux de la province d’origine et de la province d’arrivée d’un accusé visé au paragraphe (1) de conclure, après le transfèrement, une entente permettant à la commission d’examen de la province d’arrivée d’exercer, sous réserve de la présente loi et de l’entente, à l’égard de l’accusé les attributions mentionnées dans ce paragraphe.

1991, ch. 43, art. 4.

Exécution des ordonnances et des règlements Exécution en tout lieu au Canada

672.9 Le mandat délivré à l’égard d’un accusé visé par une décision ou une ordonnance d’évaluation ou tout acte de procédure qui se rattache à celle-ci peut être exécuté ou signifié en tout lieu au Canada à l’extérieur de la province où la décision ou l’ordonnance a été rendue comme s’il avait été délivré dans cette province.

1991, ch. 43, art. 4; 1997, ch. 18, art. 91; 2005, ch. 22, art. 35(F).

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Arrestation sans mandat

672.91 L’agent de la paix peut arrêter un accusé sans mandat en tout lieu au Canada s’il a des motifs raisonnables de croire que ce dernier a contrevenu ou a fait volontairement défaut de se conformer aux conditions prévues dans la décision ou l’ordonnance d’évaluation ou est sur le point de le faire.

1991, ch. 43, art. 4; 2005, ch. 22, art. 36.

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Accusé visé par une décision rendue en vertu de l’alinéa 672.54b)

672.92 (1) L’agent de la paix peut, dès que possible, mettre en liberté l’accusé qui a été arrêté en vertu de l’article 672.91 et à l’égard duquel a été rendue une décision en vertu de l’alinéa 672.54b) ou une ordonnance d’évaluation, et :

a) l’obliger à comparaître devant un juge de paix par voie de sommation ou de citation à comparaître;

b) le livrer au lieu mentionné dans la décision ou l’ordonnance d’évaluation.

Maintien de la détention

(2) Toutefois, il ne peut mettre l’accusé en liberté s’il a des motifs raisonnables de croire, selon le cas :

a) qu’il est nécessaire, dans l’intérêt public, de détenir l’accusé sous garde, eu égard aux circonstances, y compris la nécessité :

(i) soit de procéder à son identification,

(ii) soit d’établir les conditions de la décision rendue en vertu de l’article 672.54 ou de l’ordonnance d’évaluation,

(iii) soit d’empêcher qu’une autre infraction soit commise,

(iv) soit de l’empêcher de contrevenir à la décision ou à l’ordonnance d’évaluation ou d’omettre de s’y conformer;

b) que l’accusé fait l’objet d’une décision ou d’une ordonnance d’évaluation d’un tribunal ou de la commission d’examen d’une autre province;

c) que, s’il met l’accusé en liberté, celui-ci se soustraira à l’obligation de comparaître devant le juge de paix.

Comparution devant un juge de paix

(3) L’accusé qui n’est pas mis en liberté doit être conduit devant un juge de paix ayant compétence dans la circonscription territoriale où a eu lieu l’arrestation sans retard injustifié et dans tous les cas dans les vingt-quatre heures qui suivent celle-ci.

Accusé visé par une décision rendue en vertu de l’alinéa 672.54c)

(4) Si l’accusé arrêté en vertu de l’article 672.91 fait l’objet d’une décision rendue en vertu de l’alinéa 672.54c), l’agent de la paix le conduit devant un juge de paix ayant compétence dans la circonscription territoriale où a eu lieu l’arrestation sans retard injustifié et dans tous les cas dans les vingt-quatre heures qui suivent celle-ci.

Juge non disponible

(5) Si aucun juge de paix compétent n’est disponible dans le délai de vingt-quatre heures qui suit l’arrestation, l’accusé doit être conduit devant un tel juge de paix le plus tôt possible.

1991, ch. 43, art. 4; 2005, ch. 22, art. 36.

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Ordonnance intérimaire du juge de paix

672.93 (1) Le juge de paix devant qui est conduit l’accusé en conformité avec l’article 672.92 est tenu de le remettre en liberté s’il n’est pas convaincu qu’il existe des motifs raisonnables de croire qu’il a contrevenu ou a omis de se conformer à une décision ou à une ordonnance d’évaluation.

Avis

(1.1) S’il remet l’accusé en liberté, le juge de paix en donne avis au tribunal ou à la commission d’examen qui a rendu la décision ou l’ordonnance d’évaluation.

Ordonnance intérimaire du juge de paix

(2) S’il est convaincu qu’il existe des motifs raisonnables de croire que l’accusé a contrevenu ou a omis de se conformer à une décision ou à une ordonnance d’évaluation, le juge de paix peut rendre à son égard l’ordonnance qu’il estime indiquée dans les circonstances en attendant l’audience d’une commission d’examen à l’égard de la décision ou l’audience du tribunal ou de la commission d’examen à l’égard de l’ordonnance d’évaluation, notamment une ordonnance portant livraison de l’accusé au lieu mentionné dans la décision ou l’ordonnance d’évaluation; il fait parvenir un avis de toute ordonnance qu’il rend à la commission d’examen ou au tribunal qui a rendu la décision ou l’ordonnance d’évaluation, selon le cas.

1991, ch. 43, art. 4; 2005, ch. 22, art. 36.

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Pouvoir de la commission

672.94 La commission d’examen qui reçoit l’avis mentionné aux paragraphes 672.93(1.1) ou (2) peut exercer à l’égard de l’accusé les attributions mentionnées aux articles 672.5 et 672.81 à 672.83 comme s’il s’agissait de la révision d’une décision.

1991, ch. 43, art. 4; 2005, ch. 22, art. 36.

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Règlements

672.95 Le gouverneur en conseil peut, par règlement :

a) prendre toute mesure d’ordre réglementaire prévue par la présente partie;

b) d’une façon générale, prendre toute mesure d’application de la présente partie.

1991, ch. 43, art. 4.

PARTIE XXI

APPELS — ACTES CRIMINELS Définitions Définitions

673. Les définitions qui suivent s’appliquent à la présente partie.

« acte d’accusation »

“indictment”

« acte d’accusation » Est assimilée à l’acte d’accusation toute dénonciation ou inculpation à l’égard de laquelle une personne a été jugée pour un acte criminel selon la partie XIX.

« cour d’appel »

“court of appeal”

« cour d’appel » La cour d’appel, définie à l’article 2, pour la province ou le territoire où se tient le procès d’une personne sur acte d’accusation.

« registraire »

“registrar”

« registraire » Le registraire ou greffier de la cour d’appel.

« sentence », « peine » ou « condamnation »

“sentence”

« sentence », « peine » ou « condamnation » Y est assimilée :

a) la déclaration faite en vertu du paragraphe 199(3);

b) l’ordonnance rendue en vertu des paragraphes 109(1) ou 110(1), de l’article 161, des paragraphes 164.2(1) ou 194(1), des articles 259, 261 ou 462.37, des paragraphes 491.1(2), 730(1) ou 737(3) ou (5) ou des articles 738, 739, 742.1, 742.3, 743.6, 745.4 ou 745.5;

c) la décision prise en vertu des articles 731 ou 732 ou des paragraphes 732.2(3) ou (5), 742.4(3) ou 742.6(9);

d) d’une ordonnance rendue en vertu du paragraphe 16(1) de la Loi réglementant certaines drogues et autres substances.

« tribunal de première instance »

“trial court”

« tribunal de première instance » Le tribunal par lequel un accusé a été jugé, y compris un juge ou un juge de la cour provinciale agissant selon la partie XIX.

L.R. (1985), ch. C-46, art. 673; L.R. (1985), ch. 27 (1er suppl.), art. 138 et 203, ch. 23 (4e suppl.), art. 4, ch. 42 (4e suppl.), art. 4; 1992, ch. 1, art. 58; 1993, ch. 45, art. 10; 1995, ch. 22, art. 5, ch. 39, art. 155 et 190; 1996, ch. 19, art. 74; 1999, ch. 5, art. 25 et 51, ch. 25, art. 13 et 31(préambule); 2002, ch. 13, art. 63; 2005, ch. 22, art. 38 et 45; 2006, ch. 14, art. 6.

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Droit d’appel Procédure abolie

674. Nulle procédure autre que celles qui sont autorisées par la présente partie et la partie XXVI ne peut être intentée par voie d’appel dans des procédures concernant des actes criminels.

S.R., ch. C-34, art. 602.

Une personne condamnée a le droit d’interjeter appel

675. (1) Une personne déclarée coupable par un tribunal de première instance dans des procédures sur acte d’accusation peut interjeter appel, devant la cour d’appel :

a) de sa déclaration de culpabilité :

(i) soit pour tout motif d’appel comportant une simple question de droit,

(ii) soit pour tout motif d’appel comportant une question de fait, ou une question de droit et de fait, avec l’autorisation de la cour d’appel ou de l’un de ses juges ou sur certificat du juge de première instance attestant que la cause est susceptible d’appel,

(iii) soit pour tout motif d’appel non mentionné au sous-alinéa (i) ou (ii) et jugé suffisant par la cour d’appel, avec l’autorisation de celle-ci;

b) de la sentence rendue par le tribunal de première instance, avec l’autorisation de la cour d’appel ou de l’un de ses juges, à moins que cette sentence ne soit de celles que fixe la loi.

Appel d’une déclaration de culpabilité par procédure sommaire

(1.1) Si la cour d’appel ou un de ses juges l’y autorise, une personne peut, conformément au paragraphe (1), interjeter appel d’une déclaration de culpabilité par procédure sommaire ou de la peine qui a été infligée à l’égard de celle-ci, comme s’il s’agissait d’une déclaration de culpabilité par voie de mise en accusation, si les conditions suivantes sont réunies :

a) l’infraction de procédure sommaire ne fait pas déjà l’objet d’un appel;

b) l’infraction de procédure sommaire a été jugée en même temps qu’un acte criminel;

c) l’acte criminel fait déjà l’objet d’un appel.

Appel de tout délai préalable supérieur à 10 ans

(2) Le condamné à l’emprisonnement à perpétuité pour meurtre au deuxième degré peut interjeter appel, devant la cour d’appel, de tout délai préalable à sa libération conditionnelle supérieur à dix ans.

Appel de l’ordonnance prévue à l’article 743.6

(2.1) La personne qui a fait l’objet de l’ordonnance prévue à l’article 743.6 peut interjeter appel de celle-ci.

Personnes âgées de moins de dix-huit ans

(2.2) La personne âgée de moins de dix-huit au moment de la perpétration de l’infraction et condamnée à l’emprisonnement à perpétuité pour meurtre au premier degré ou au deuxième degré peut interjeter appel, devant la cour d’appel, de tout délai préalable à sa

libération conditionnelle — fixé par le juge qui préside le procès — qui est supérieur au nombre d’années minimal applicable en pareil cas.

Appels des verdicts de troubles mentaux

(3) Lorsqu’un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux est rendu à l’égard d’une personne, celle-ci peut interjeter appel de ce verdict devant la cour d’appel pour tout motif d’appel mentionné aux sous­ alinéas (1)a)(i), (ii) ou (iii) et sous réserve des conditions qui y sont prescrites.

Demande d’appel rejetée par le juge

(4) Lorsqu’un juge de la cour d’appel refuse d’autoriser l’appel en vertu du présent article autrement qu’aux termes de l’alinéa (1)b), l’appelant peut, en produisant un avis écrit à la cour d’appel dans les sept jours qui suivent un tel refus, faire statuer par la cour d’appel sur sa demande d’autorisation d’appel.

L.R. (1985), ch. C-46, art. 675; 1991, ch. 43, art. 9; 1995, ch. 42, art. 73; 1997, ch. 18, art. 92; 1999, ch. 31, art. 68; 2002, ch. 13, art. 64.

Le procureur général peut interjeter appel

676. (1) Le procureur général ou un avocat ayant reçu de lui des instructions à cette fin peut introduire un recours devant la cour d’appel :

a) contre un jugement ou verdict d’acquittement ou un verdict de non-responsabilité criminelle pour cause de troubles mentaux prononcé par un tribunal de première instance à l’égard de procédures sur acte d’accusation pour tout motif d’appel qui comporte une question de droit seulement;

b) contre une ordonnance d’une cour supérieure de juridiction criminelle qui annule un acte d’accusation ou refuse ou omet d’exercer sa compétence à l’égard d’un acte d’accusation;

c) contre une ordonnance d’un tribunal de première instance qui arrête les procédures sur un acte d’accusation ou annule un acte d’accusation;

d) avec l’autorisation de la cour d’appel ou de l’un de ses juges, contre la peine prononcée par un tribunal de première instance à l’égard de procédures par acte d’accusation, à moins que cette peine ne soit de celles que fixe la loi.

Appel d’une déclaration de culpabilité par procédure sommaire

(1.1) Si la cour d’appel ou l’un de ses juges l’y autorise, le procureur général ou son substitut sur ses instructions peut, conformément au paragraphe (1), interjeter appel du verdict d’acquittement ou de la peine qui a été infligée à l’égard d’une infraction

poursuivie par procédure sommaire, comme s’il s’agissait d’une infraction poursuivie par voie de mise en accusation, si les conditions suivantes sont réunies :

a) l’infraction de procédure sommaire ne fait pas déjà l’objet d’un appel;

b) l’infraction de procédure sommaire a été jugée en même temps qu’un acte criminel;

c) l’acte criminel fait déjà l’objet d’un appel.

Acquittement

(2) Pour l’application du présent article, est assimilé à un jugement ou verdict d’acquittement un acquittement à l’égard d’une infraction spécifiquement mentionnée dans l’acte d’accusation lorsque l’accusé a, lors du procès, été déclaré coupable ou absous en vertu de l’article 730 de toute autre infraction.

Appel d’un verdict d’inaptitude à subir son procès

(3) Le procureur général ou le procureur constitué par lui à cette fin peut interjeter appel devant la cour d’appel d’un verdict portant qu’un accusé est inapte à subir son procès pour tout motif d’appel qui comporte une question de droit seulement.

Appel en matière de délai préalable à la libération conditionnelle

(4) Le procureur général ou un avocat ayant reçu de lui des instructions à cette fin peut interjeter appel, devant la cour d’appel, de tout délai préalable à la libération conditionnelle inférieur à vingt-cinq ans, en cas de condamnation pour meurtre au deuxième degré.

Appel relatif à l’ordonnance prévue à l’article 743.6

(5) Le procureur général ou un avocat ayant reçu de lui des instructions à cette fin peut interjeter appel, devant la cour d’appel, de la décision du tribunal de ne pas rendre l’ordonnance prévue à l’article 743.6.

L.R. (1985), ch. C-46, art. 676; L.R. (1985), ch. 27 (1er suppl.), art. 139, ch. 1 (4e suppl.), art. 18(F); 1991, ch. 43, art. 9; 1995, ch. 22, art. 10, ch. 42, art. 74; 1997, ch. 18, art. 93; 2002, ch. 13, art. 65; 2008, ch. 18, art. 28.

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Appel quant aux frais

676.1 La partie à qui il est ordonné d’acquitter les frais peut appeler à la cour d’appel, avec son autorisation ou celle de l’un de ses juges, de l’ordonnance ou du montant en cause.

1997, ch. 18, art. 94.

Énoncé des motifs de dissidence

677. Le jugement de la cour d’appel énonce, le cas échéant, les motifs de toute dissidence fondée en tout ou en partie sur une question de droit.

L.R. (1985), ch. C-46, art. 677; 1994, ch. 44, art. 67.

Procédures en appel Avis d’appel

678. (1) Un appelant qui se propose d’introduire un recours devant la cour d’appel ou d’obtenir de ce tribunal l’autorisation d’interjeter appel, donne avis d’appel ou avis de sa demande d’autorisation d’appel, de la manière et dans le délai que les règles de cour peuvent prescrire.

Prolongation du délai

(2) La cour d’appel ou l’un de ses juges peut proroger le délai de l’avis d’appel ou de l’avis d’une demande d’autorisation d’appel.

S.R., ch. C-34, art. 607; 1972, ch. 13, art. 53; 1974-75-76, ch. 105, art. 16.

Signification quand l’intimé est introuvable

678.1 Un avis d’appel ou un avis d’une demande d’autorisation d’appel peut être signifié à un intimé conformément à une ordonnance d’un juge de la cour d’appel lorsqu’il est impossible de retrouver l’intimé après des tentatives raisonnables en ce sens.

L.R. (1985), ch. 27 (1er suppl.), art. 140; 1992, ch. 1, art. 60(F).

Mise en liberté en attendant la décision de l’appel

679. (1) Un juge de la cour d’appel peut, en conformité avec le présent article, mettre un appelant en liberté en attendant la décision de son appel :

a) si, dans le cas d’un appel d’une déclaration de culpabilité interjeté devant la cour d’appel, l’appelant a donné un avis d’appel ou, lorsqu’une autorisation est requise, a donné un avis de sa demande d’autorisation d’appel en application de l’article 678;

b) si, dans le cas d’un appel d’une sentence seulement interjeté devant la cour d’appel, l’autorisation d’appel a été accordée à l’appelant;

c) si, dans le cas d’un appel ou d’une demande d’autorisation d’appel devant la Cour suprême du Canada, l’appelant a déposé et signifié son avis d’appel ou, lorsqu’une autorisation est requise, sa demande d’autorisation d’appel.

Avis de demande de mise en liberté

(2) Lorsqu’un appelant demande à un juge de la cour d’appel d’être mis en liberté en attendant la décision de son appel, il donne un avis écrit de la demande au poursuivant ou à toute autre personne qu’un juge de la cour d’appel indique.

Circonstances dans lesquelles l’appelant peut être mis en liberté

(3) Dans le cas d’un appel mentionné à l’alinéa (1)a) ou c), le juge de la cour d’appel peut ordonner que l’appelant soit mis en liberté en attendant la décision de son appel, si l’appelant établit à la fois :

a) que l’appel ou la demande d’autorisation d’appel n’est pas futile;

b) qu’il se livrera en conformité avec les termes de l’ordonnance;

c) que sa détention n’est pas nécessaire dans l’intérêt public.

Idem

(4) Dans le cas d’un appel mentionné à l’alinéa (1)b), le juge de la cour d’appel peut ordonner que l’appelant soit mis en liberté en attendant la décision de son appel ou jusqu’à ce qu’il en soit autrement ordonné par un juge de la cour d’appel, si l’appelant établit à la fois :

a) que l’appel est suffisamment justifié pour que, dans les circonstances, sa détention sous garde constitue une épreuve non nécessaire;

b) qu’il se livrera en conformité avec les termes de l’ordonnance;

c) que sa détention n’est pas nécessaire dans l’intérêt public.

Conditions dont est assortie l’ordonnance

(5) Lorsque le juge de la cour d’appel ne refuse pas la demande de l’appelant, il ordonne que l’appelant soit mis en liberté pourvu que, selon le cas :

a) il remette au juge une promesse, sans condition ou aux conditions que le juge fixe, de se livrer en conformité avec l’ordonnance;

b) il contracte un engagement :

(i) avec une ou plusieurs cautions,

(ii) avec un dépôt d’argent ou d’une autre valeur,

(iii) avec cautions et dépôt,

(iv) sans cautions ni dépôt,

pour un montant, aux conditions, s’il en est, et devant le juge de paix que le juge indique.

c) [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 141]

Lorsque l’appelant se conforme à l’ordonnance, la personne ayant la garde de l’appelant le met immédiatement en liberté.

Conditions d’une promesse ou d’un engagement

(5.1) Sont comprises parmi les conditions d’une promesse ou d’un engagement que le juge peut fixer aux termes du paragraphe (5) les conditions visées aux paragraphes 515(4), (4.1) et (4.2) qu’il estime souhaitables.

Application de certaines dispositions de l’art. 525

(6) Les paragraphes 525(5), (6) et (7) s’appliquent, compte tenu des adaptations de circonstance, à l’égard d’une personne qui a été mise en liberté en vertu du paragraphe (5) du présent article.

Mise en liberté ou détention en attendant l’audition du renvoi

(7) Lorsque le ministre de la Justice prend une ordonnance ou fait un renvoi, en vertu de l’article 696.3, le présent article s’applique à la mise en liberté ou à la détention de la personne visée en attendant l’audition du renvoi et la décision y relative comme si cette personne était l’appelant visé à l’alinéa (1)a).

Mise en liberté ou détention en attendant le nouveau procès ou la nouvelle audition

(7.1) Lorsque la cour d’appel ou la Cour suprême du Canada ordonne un nouveau procès, le régime de mise en liberté ou de détention provisoire prévu par les articles 515 et 522 s’applique à la personne en cause comme si elle était accusée pour la première fois, et le juge de la cour d’appel dispose pour l’appliquer des pouvoirs conférés au juge de paix et au juge par ces articles.

Application aux appels dans les procédures sommaires

(8) Le présent article s’applique aux demandes d’autorisation d’appel et aux appels devant la Cour suprême du Canada dans les procédures par déclaration de culpabilité par procédure sommaire.

Forme de la promesse ou de l’engagement

(9) Une promesse en vertu du présent article peut être rédigée selon la formule 12 et un engagement en vertu du présent article peut être rédigé selon la formule 32.

Instructions pour hâter l’appel, le nouveau procès, etc.

(10) Lorsque, à la suite de la demande de l’appelant, il ne rend pas une ordonnance prévue par le paragraphe (5) ou lorsqu’il annule une ordonnance rendue auparavant en vertu du présent article, un juge de la cour d’appel ou, dans le cas d’un appel interjeté devant la Cour suprême du Canada, un juge de ce tribunal, sur demande d’un appelant, peut donner les instructions qu’il estime nécessaires pour hâter l’audition de l’appel de l’appelant ou pour hâter le nouveau procès ou la nouvelle audition ou l’audition du renvoi, selon le cas.

L.R. (1985), ch. C-46, art. 679; L.R. (1985), ch. 27 (1er suppl.), art. 141; 1997, ch. 18, art. 95; 1999, ch. 25, art. 14(préambule); 2002, ch. 13, art. 66.

Révision par la cour d’appel

680. (1) Une décision rendue par un juge en vertu de l’article 522 ou des paragraphes 524(4) ou (5) ou une décision rendue par un juge de la cour d’appel en vertu des articles 261 ou 679 peut, sur l’ordre du juge en chef ou du juge en chef suppléant de la cour d’appel, faire l’objet d’une révision par ce tribunal et celui-ci peut, s’il ne confirme pas la décision :

a) ou bien modifier la décision;

b) ou bien substituer à cette décision telle autre décision qui, à son avis, aurait dû être rendue.

Un seul juge

(2) Les pouvoirs de la cour d’appel prévus au paragraphe (1) peuvent être exercés par un juge de cette cour si les parties y consentent.

Exécution de la décision

(3) Une décision telle que modifiée ou rendue en vertu du présent article peut être exécutée à tous égards comme s’il s’agissait de la décision originale.

L.R. (1985), ch. C-46, art. 680; L.R. (1985), ch. 27 (1er suppl.), art. 142; 1994, ch. 44, art. 68.

681. [Abrogé, 1991, ch. 43, art. 9]

Rapport du juge

682. (1) Lorsque, sous le régime de la présente partie, un appel est interjeté ou une demande d’autorisation d’appel est faite, le juge ou juge de la cour provinciale qui a présidé au procès doit, à la demande de la cour d’appel ou de l’un de ses juges, en conformité avec les règles de cour, fournir à ce tribunal ou à ce juge, un rapport portant sur la cause ou sur toute matière s’y rattachant que la demande spécifie.

Transcription de la preuve

(2) Une copie ou transcription :

a) de la preuve recueillie au procès;

b) de l’exposé du juge au jury ainsi que des oppositions soulevées à son encontre;

c) des motifs du jugement, s’il en est;

d) des exposés et des plaidoiries du poursuivant et de l’accusé, si un motif d’appel repose sur l’un ou l’autre de ceux-ci,

est fournie à la cour d’appel, sauf dans la mesure où dispense en est accordée par ordonnance d’un juge de ce tribunal.

(3) [Abrogé, 1997, ch. 18, art. 96]

Copies aux parties intéressées

(4) Une partie à l’appel a le droit de recevoir, sur paiement des frais fixés par les règles de cour, une copie ou une transcription de tout élément préparé en vertu des paragraphes (1) et (2).

Copie pour le ministre de la Justice

(5) Le ministre de la Justice a le droit de recevoir, sur demande, une copie ou une transcription de tout élément préparé en vertu des paragraphes (1) et (2).

L.R. (1985), ch. C-46, art. 682; L.R. (1985), ch. 27 (1er suppl.), art. 143 et 203; 1997, ch. 18, art. 96.

Pouvoirs de la cour d’appel

683. (1) Aux fins d’un appel prévu par la présente partie, la cour d’appel peut, lorsqu’elle l’estime dans l’intérêt de la justice :

a) ordonner la production de tout écrit, pièce ou autre chose se rattachant aux procédures;

b) ordonner qu’un témoin qui aurait été un témoin contraignable lors du procès, qu’il ait été appelé ou non au procès :

(i) ou bien comparaisse et soit interrogé devant la cour d’appel,

(ii) ou bien soit interrogé de la manière prévue par les règles de cour devant un juge de la cour d’appel, ou devant tout fonctionnaire de la cour d’appel ou un juge de paix ou autre personne nommée à cette fin par la cour d’appel;

c) admettre, comme preuve, un interrogatoire recueilli aux termes du sous-alinéa b)(ii);

d) recevoir la déposition, si elle a été offerte, de tout témoin, y compris l’appelant, qui est habile à témoigner mais non contraignable;

e) ordonner que toute question surgissant à l’occasion de l’appel et qui, à la fois :

(i) comporte un examen prolongé d’écrits ou comptes, ou des recherches scientifiques ou locales,

(ii) ne peut, de l’avis de la cour d’appel, être examinée commodément devant la cour d’appel,

soit déférée pour enquête et rapport, de la manière prévue par les règles de cour, à un commissaire spécial nommé par la cour d’appel;

f) donner suite au rapport d’un commissaire nommé en vertu de l’alinéa e) dans la mesure où la cour d’appel estime opportun de le faire;

g) modifier l’acte d’accusation, à moins qu’elle ne soit d’avis que l’accusé a été induit en erreur ou qu’il a subi un préjudice dans sa défense ou son appel.

Droit des parties de fournir des témoignages et d’être entendues

(2) Dans des procédures visées au présent article, les parties ou leurs avocats ont droit d’interroger ou de contre-interroger les témoins et, dans une enquête visée par l’alinéa (1)e), ont droit d’être présents à l’enquête, d’apporter des témoignages et d’être entendus.

Présence virtuelle

(2.1) Dans les procédures visées au présent article, la cour d’appel peut ordonner que la comparution d’une partie ait lieu par voie d’un instrument qu’elle estime satisfaisant et qui leur permet, à elle et aux parties, de communiquer simultanément.

Application des articles 714.1 à 714.8

(2.2) Les articles 714.1 à 714.8 s’appliquent, avec les adaptations nécessaires, à l’interrogatoire et au contre-interrogatoire des témoins au titre du présent article.

Autres pouvoirs

(3) Une cour d’appel peut exercer, relativement aux procédures devant elle, tout pouvoir non mentionné au paragraphe (1) qui peut être exercé par elle lors d’appels en matière civile, et elle peut décerner tout acte judiciaire nécessaire pour l’exécution de ses ordonnances ou sentences, mais aucuns frais ne peuvent être accordés à l’appelant ou à l’intimé sur l’audition et la décision d’un appel, ou à l’occasion de procédures préliminaires ou accessoires à cet appel.

Exécution d’un acte judiciaire

(4) Tout acte judiciaire décerné par la cour d’appel aux termes du présent article peut être exécuté à tout endroit au Canada.

Pouvoir de suspendre l’exécution

(5) Lorsqu’un appel ou une demande d’autorisation d’appel ont été déposés, la cour d’appel ou l’un de ses juges peut, s’il estime que l’intérêt de la justice l’exige, ordonner de suspendre jusqu’à décision définitive sur l’appel :

a) le paiement de l’amende;

b) l’ordonnance de confiscation ou de disposition de biens confisqués;

c) l’ordonnance de dédommagement visée aux articles 738 ou 739;

d) le paiement de la suramende compensatoire visée à l’article 737;

e) l’ordonnance de probation visée à l’article 731;

f) l’ordonnance de sursis visée à l’article 742.1.

Promesse ou engagement

(5.1) Avant de rendre une ordonnance de suspension en vertu des alinéas (5)e) ou f), la cour d’appel ou l’un de ses juges peut ordonner que le délinquant remette une promesse ou contracte un engagement.

Révocation de l’ordonnance

(6) La cour d’appel peut révoquer une ordonnance rendue en vertu du paragraphe (5) lorsqu’elle le juge dans l’intérêt de la justice.

Facteurs à prendre en considération

(7) Dans le cas où le délinquant est tenu de remettre une promesse ou de contracter un engagement aux termes d’une ordonnance rendue au titre du paragraphe (5.1), la cour d’appel doit, lorsqu’elle décide si elle modifie ou non la peine, prendre en considération les conditions afférentes à la promesse ou à l’engagement et la période pour laquelle elles lui ont été imposées.

L.R. (1985), ch. C-46, art. 683; L.R. (1985), ch. 27 (1er suppl.), art. 144, ch. 23 (4e suppl.), art. 5; 1995, ch. 22, art. 10; 1997, ch. 18, art. 97 et 141; 1999, ch. 25, art. 15(préambule); 2002, ch. 13, art. 67; 2008, ch. 18, art. 29.

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Assistance d’un avocat

684. (1) Une cour d’appel, ou l’un de ses juges, peut à tout moment désigner un avocat pour agir au nom d’un accusé qui est partie à un appel ou à des procédures préliminaires ou accessoires à un appel, lorsque, à son avis, il paraît désirable dans l’intérêt de la justice que l’accusé soit pourvu d’un avocat et lorsqu’il appert que l’accusé n’a pas les moyens requis pour obtenir l’assistance d’un avocat.

Honoraires et dépenses

(2) Dans le cas où l’accusé ne bénéficie pas de l’aide juridique prévue par un régime provincial, le procureur général en cause paie les honoraires et les dépenses de l’avocat désigné au titre du paragraphe (1).

Taxation des honoraires et des dépenses

(3) Dans le cas de l’application du paragraphe (2), le registraire peut, sur demande du procureur général ou de l’avocat, taxer les honoraires et les dépenses de l’avocat si le procureur général et ce dernier ne s’entendent pas sur leur montant.

L.R. (1985), ch. C-46, art. 684; L.R. (1985), ch. 34 (3e suppl.), art. 9.

Décision sommaire des appels futiles

685. (1) Lorsqu’il apparaît au registraire qu’un avis d’appel d’une condamnation, donné comme reposant sur un motif d’appel qui comporte une simple question de droit, n’énonce pas un motif d’appel sérieux, le registraire peut renvoyer l’appel devant la cour

d’appel en vue d’une décision sommaire, et, lorsqu’un appel est renvoyé devant la cour d’appel en vertu du présent article, celle-ci peut, si elle considère l’appel comme futile ou vexatoire et susceptible d’être jugé sans qu’il soit nécessaire de l’ajourner pour une audition complète, rejeter sommairement l’appel sans assigner de personnes à l’audition ou sans les y faire comparaître pour l’intimé.

Décision sommaire des appels

(2) Lorsqu’il apparaît au registraire qu’un avis d’appel aurait dû être déposé devant un autre tribunal, il peut renvoyer l’appel devant un juge de la cour d’appel en vue d’une décision sommaire et celui-ci peut le rejeter sommairement sans assigner de personnes à l’audience ou sans les y faire comparaître pour l’intimé.

L.R. (1985), ch. C-46, art. 685; 2008, ch. 18, art. 30.

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Pouvoirs de la cour d’appel Pouvoir

686. (1) Lors de l’audition d’un appel d’une déclaration de culpabilité ou d’un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux, la cour d’appel :

a) peut admettre l’appel, si elle est d’avis, selon le cas :

(i) que le verdict devrait être rejeté pour le motif qu’il est déraisonnable ou ne peut pas s’appuyer sur la preuve,

(ii) que le jugement du tribunal de première instance devrait être écarté pour le motif qu’il constitue une décision erronée sur une question de droit,

(iii) que, pour un motif quelconque, il y a eu erreur judiciaire;

b) peut rejeter l’appel, dans l’un ou l’autre des cas suivants :

(i) elle est d’avis que l’appelant, bien qu’il n’ait pas été régulièrement déclaré coupable sur un chef d’accusation ou une partie de l’acte d’accusation, a été régulièrement déclaré coupable sur un autre chef ou une autre partie de l’acte d’accusation,

(ii) l’appel n’est pas décidé en faveur de l’appelant pour l’un des motifs mentionnés à l’alinéa a),

(iii) bien qu’elle estime que, pour un motif mentionné au sous-alinéa a)(ii), l’appel pourrait être décidé en faveur de l’appelant, elle est d’avis qu’aucun tort important ou aucune erreur judiciaire grave ne s’est produit,

(iv) nonobstant une irrégularité de procédure au procès, le tribunal de première instance était compétent à l’égard de la catégorie d’infractions dont fait partie celle dont l’appelant a été déclaré coupable et elle est d’avis qu’aucun préjudice n’a été causé à celui-ci par cette irrégularité;

c) peut refuser d’admettre l’appel lorsqu’elle est d’avis que le tribunal de première instance en est venu à une conclusion erronée quant à l’effet d’un verdict spécial, et elle peut ordonner l’inscription de la conclusion que lui semble exiger le verdict et prononcer, en remplacement de la sentence rendue par le tribunal de première instance, une sentence justifiée en droit;

d) peut écarter une déclaration de culpabilité et déclarer l’appelant inapte à subir son procès ou non responsable criminellement pour cause de troubles mentaux et peut exercer les pouvoirs d’un tribunal de première instance que l’article 672.45 accorde à celui-ci ou auxquels il fait renvoi, de la façon qu’elle juge indiquée dans les circonstances.

e) [Abrogé, 1991, ch. 43, art. 9]

Ordonnance à rendre

(2) Lorsqu’une cour d’appel admet un appel en vertu de l’alinéa (1)a), elle annule la condamnation et, selon le cas :

a) ordonne l’inscription d’un jugement ou verdict d’acquittement;

b) ordonne un nouveau procès.

Substitution de verdict

(3) Lorsqu’une cour d’appel rejette un appel aux termes du sous-alinéa (1)b)(i), elle peut substituer le verdict qui, à son avis, aurait dû être rendu et :

a) soit confirmer la peine prononcée par le tribunal de première instance;

b) soit imposer une peine justifiée en droit ou renvoyer l’affaire au tribunal de première instance en lui ordonnant d’infliger une peine justifiée en droit.

Appel d’un acquittement

(4) Lorsqu’un appel est interjeté d’un acquittement ou d’un verdict d’inaptitude à subir un procès ou de non-responsabilité criminelle pour cause de troubles mentaux rendu à l’égard de l’appelant ou l’intimé, la cour d’appel peut :

a) rejeter l’appel;

b) admettre l’appel, écarter le verdict et, selon le cas :

(i) ordonner un nouveau procès,

(ii) sauf dans le cas d’un verdict rendu par un tribunal composé d’un juge et d’un jury, consigner un verdict de culpabilité à l’égard de l’infraction dont, à son avis, l’accusé aurait dû être déclaré coupable, et prononcer une peine justifiée en droit ou renvoyer l’affaire au tribunal de première instance en lui ordonnant d’infliger une peine justifiée en droit.

Procès aux termes de la partie XIX

(5) Sous réserve du paragraphe (5.01), lorsqu’un appel est porté à l’égard de procédures prévues par la partie XIX et que la cour d’appel ordonne un nouveau procès aux termes de la présente partie, les dispositions suivantes s’appliquent :

a) si l’accusé, dans son avis d’appel ou avis de demande d’autorisation d’appel, a demandé que le nouveau procès, s’il est ordonné, soit instruit devant un tribunal composé d’un juge et d’un jury, le nouveau procès s’instruit en conséquence;

b) si l’accusé, dans son avis d’appel ou avis de demande d’autorisation d’appel, n’a pas demandé que le nouveau procès, s’il est ordonné, soit instruit devant un tribunal composé d’un juge et d’un jury, le nouveau procès s’instruit, sans nouveau choix par l’accusé, devant un juge ou juge de la cour provinciale, selon le cas, agissant en vertu de la partie XIX, autre qu’un juge ou juge de la cour provinciale qui a jugé l’accusé en première instance, à moins que la cour d’appel n’ordonne que le nouveau procès ait lieu devant le juge ou juge de la cour provinciale qui a jugé l’accusé en première instance;

c) si la cour d’appel ordonne que le nouveau procès soit instruit devant un tribunal composé d’un juge et d’un jury, le nouveau procès doit commencer par un acte d’accusation écrit énonçant l’infraction à l’égard de laquelle le nouveau procès a été ordonné;

d) nonobstant l’alinéa a), si la déclaration de culpabilité dont l’accusé a interjeté appel visait une infraction mentionnée à l’article 553 et a été prononcée par un juge de la cour provinciale, le nouveau procès s’instruit devant un juge de la cour provinciale agissant en vertu de la partie XIX, autre que celui qui a jugé l’accusé en première instance, sauf si la cour d’appel ordonne que le nouveau procès s’instruise devant le juge de la cour provinciale qui a jugé l’accusé en première instance.

Nunavut

(5.01) S’agissant de procédures criminelles au Nunavut, lorsqu’un appel est porté à l’égard de procédures prévues par la partie XIX et que la Cour d’appel du Nunavut

ordonne un nouveau procès aux termes de la partie XXI, les dispositions suivantes s’appliquent :

a) si l’accusé, dans son avis d’appel ou de demande d’autorisation d’appel, a demandé que le nouveau procès, s’il est ordonné, soit instruit devant un tribunal composé d’un juge et d’un jury, le nouveau procès s’instruit en conséquence;

b) sauf ordonnance contraire de la cour d’appel, si l’accusé, dans son avis d’appel ou de demande d’autorisation d’appel, n’a pas demandé que le nouveau procès, s’il est ordonné, soit instruit par un tribunal composé d’un juge et d’un jury, le nouveau procès s’instruit, sans possibilité d’autre choix ni enquête préliminaire, devant un juge agissant en vertu de la partie XIX autre que celui de première instance;

c) si la Cour d’appel ordonne que le nouveau procès soit instruit devant un tribunal composé d’un juge et d’un jury, le nouveau procès doit commencer par un acte d’accusation écrit énonçant l’infraction à l’égard de laquelle le nouveau procès a été ordonné;

d) malgré l’alinéa a), si la déclaration de culpabilité attaquée visait un acte criminel mentionné à l’article 553, le nouveau procès s’instruit, sauf ordonnance contraire de la Cour d’appel, devant un juge agissant en vertu de la partie XIX autre que celui de première instance.

Nouveau choix pour nouveau procès

(5.1) Sous réserve du paragraphe (5.2), l’accusé à qui la Cour d’appel ordonne de subir un nouveau procès devant juge et jury peut néanmoins, avec le consentement du poursuivant, choisir d’être jugé par un juge sans jury ou un juge. Son choix est réputé être un nouveau choix au sens du paragraphe 561(5), lequel s’applique avec les adaptations nécessaires.

Procès : Nunavut

(5.2) L’accusé à qui la Cour d’appel ordonne de subir un nouveau procès devant juge et jury peut néanmoins, avec le consentement du poursuivant, choisir d’être jugé par un juge sans jury. Son choix est réputé être un nouveau choix au sens du paragraphe 561.1(1), le paragraphe 561.1(6) s’appliquant avec les adaptations nécessaires.

Admission de l’appel d’un verdict d’inaptitude à subir son procès

(6) Lorsqu’une cour d’appel admet un appel d’un verdict d’inaptitude à subir son procès, elle ordonne un nouveau procès, sous réserve du paragraphe (7).

Annulation du verdict et acquittement

(7) Lorsque le verdict portant que l’accusé est inapte à subir son procès a été prononcé après que la poursuite a terminé son exposé, la cour d’appel peut, bien que le verdict soit indiqué, si elle est d’avis que l’accusé aurait dû être acquitté au terme de l’exposé de la poursuite, admettre l’appel, annuler le verdict et ordonner de consigner un jugement ou un verdict d’acquittement.

Pouvoirs supplémentaires

(8) Lorsqu’une cour d’appel exerce des pouvoirs conférés par le paragraphe (2), (4), (6) ou (7), elle peut en outre rendre toute ordonnance que la justice exige.

L.R. (1985), ch. C-46, art. 686; L.R. (1985), ch. 27 (1er suppl.), art. 145 et 203; 1991, ch. 43, art. 9; 1997, ch. 18, art. 98; 1999, ch. 3, art. 52, ch. 5, art. 26.

Pouvoirs de la cour concernant un appel d’une sentence

687. (1) S’il est interjeté appel d’une sentence, la cour d’appel considère, à moins que la sentence n’en soit une que détermine la loi, la justesse de la sentence dont appel est interjeté et peut, d’après la preuve, le cas échéant, qu’elle croit utile d’exiger ou de recevoir :

a) soit modifier la sentence dans les limites prescrites par la loi pour l’infraction dont l’accusé a été déclaré coupable;

b) soit rejeter l’appel.

Effet d’un jugement

(2) Un jugement d’une cour d’appel modifiant la sentence d’un accusé qui a été déclaré coupable a la même vigueur et le même effet que s’il était une sentence prononcée par le tribunal de première instance.

S.R., ch. C-34, art. 614.

Droit de l’appelant d’être présent

688. (1) Sous réserve du paragraphe (2), un appelant qui est sous garde a droit, s’il le désire, d’être présent à l’audition de l’appel.

Appelant représenté par avocat

(2) Un appelant qui est sous garde et qui est représenté par un avocat n’a pas le droit d’être présent :

a) à l’audition de l’appel, lorsque l’appel porte sur un motif comportant une question de droit seulement;

b) lors d’une demande d’autorisation d’appel;

c) à l’occasion de procédures préliminaires ou accessoires à un appel,

à moins que les règles de cour ne déclarent qu’il a droit d’être présent ou que la cour d’appel ou un de ses juges ne l’autorise à être présent.

Modes de comparution

(2.1) Lorsque l’appelant est sous garde et a le droit d’être présent à toute procédure d’appel, le tribunal peut ordonner que :

a) lors d’une demande d’autorisation d’appel ou à l’occasion de procédures préliminaires ou accessoires à un appel, l’appelant comparaisse par téléphone ou par tout autre moyen de télécommunication que le tribunal estime satisfaisant;

b) à l’audition de l’appel, l’appelant comparaisse par télévision en circuit fermé ou par tout autre moyen leur permettant, à lui-même et aux parties, de se voir et de communiquer simultanément, si l’appelant peut obtenir des conseils juridiques.

Plaidoirie orale ou écrite

(3) Un appelant peut présenter sa cause en appel et sa plaidoirie par écrit plutôt qu’oralement; la cour d’appel doit prendre en considération toute cause ou plaidoirie ainsi présentée.

Sentence en l’absence d’un appelant

(4) Le pouvoir d’une cour d’appel d’imposer une sentence peut être exercé même si l’appelant n’est pas présent.

L.R. (1985), ch. C-46, art. 688; 2002, ch. 13, art. 68.

Restitution de biens

689. (1) Lorsqu’une ordonnance d’indemnisation ou de restitution de biens est rendue par le tribunal de première instance en vertu des articles 738 ou 739 ou qu’une ordonnance de confiscation est rendue en vertu des paragraphes 164.2(1) ou 462.37(1) ou (2.01), l’application de l’ordonnance est suspendue :

a) jusqu’à l’expiration de la période prescrite par les règles de cour pour donner avis d’appel ou avis de demande d’autorisation d’appel, à moins que l’accusé ne renonce à un appel;

b) jusqu’à ce qu’il ait été statué sur l’appel ou sur la demande d’autorisation d’appel, si appel est interjeté ou si demande d’autorisation en est faite.

Annulation ou modification de l’ordonnance

(2) La cour d’appel peut par ordonnance annuler ou modifier une ordonnance rendue par le tribunal de première instance relativement à l’indemnisation ou à la restitution de biens dans les limites prescrites par la disposition d’après laquelle le tribunal de première instance a rendu l’ordonnance, que la déclaration de culpabilité soit cassée ou non.

L.R. (1985), ch. C-46, art. 689; L.R. (1985), ch. 42 (4e suppl.), art. 5; 1995, ch. 22, art. 10; 2002, ch. 13, art. 69; 2005, ch. 44, art. 12.

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690. [Abrogé, 2002, ch. 13, art. 70]

Appels à la Cour suprême du Canada Appel d’une déclaration de culpabilité

691. (1) La personne déclarée coupable d’un acte criminel et dont la condamnation est confirmée par la cour d’appel peut interjeter appel à la Cour suprême du Canada :

a) sur toute question de droit au sujet de laquelle un juge de la cour d’appel est dissident;

b) sur toute question de droit, si l’autorisation d’appel est accordée par la Cour suprême du Canada.

Appel lorsque l’acquittement est annulé

(2) La personne qui est acquittée de l’accusation d’un acte criminel — sauf dans le cas d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux — et dont l’acquittement est annulé par la cour d’appel peut interjeter appel devant la Cour Suprême du Canada :

a) sur toute question de droit au sujet de laquelle un juge de la cour d’appel est dissident;

b) sur toute question de droit, si la cour d’appel a consigné un verdict de culpabilité;

c) sur toute question de droit, si l’autorisation d’appel est accordée par la Cour suprême du Canada.

L.R. (1985), ch. C-46, art. 691; L.R. (1985), ch. 34 (3e suppl.), art. 10; 1991, ch. 43, art. 9; 1997, ch. 18, art. 99.

Appel d’une confirmation d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux

692. (1) Une personne qui a été déclarée non responsable criminellement pour cause de troubles mentaux, et selon le cas :

a) dont le verdict est confirmé par la cour d’appel pour ce motif,

b) contre laquelle un verdict de culpabilité est consigné par la cour d’appel en vertu du sous-alinéa 686(4)b)(ii),

peut interjeter appel devant la Cour suprême du Canada.

Appel d’une confirmation d’un verdict d’inaptitude à subir son procès

(2) Une personne qui est trouvée inapte à subir son procès et à l’égard de laquelle ce verdict est confirmé par la cour d’appel peut interjeter appel devant la Cour suprême du Canada.

Motifs d’appel

(3) Un appel interjeté en vertu du paragraphe (1) ou (2) peut porter :

a) sur toute question de droit au sujet de laquelle un juge de la cour d’appel est dissident;

b) sur toute question de droit, si l’autorisation d’appel est accordée par la Cour suprême du Canada.

L.R. (1985), ch. C-46, art. 692; L.R. (1985), ch. 34 (3e suppl.), art. 11; 1991, ch. 43, art. 9.

Appel par le procureur général

693. (1) Lorsqu’un jugement d’une cour d’appel annule une déclaration de culpabilité par suite d’un appel interjeté aux termes de l’article 675 ou rejette un appel interjeté aux termes de l’alinéa 676(1)a), b) ou c) ou du paragraphe 676(3), le procureur général peut interjeter appel devant la Cour suprême du Canada :

a) sur toute question de droit au sujet de laquelle un juge de la cour d’appel est dissident;

b) sur toute question de droit, si l’autorisation d’appel est accordée par la Cour suprême du Canada.

Conditions

(2) Lorsque l’autorisation d’appel est accordée aux termes de l’alinéa (1)b), la Cour suprême du Canada peut imposer les conditions qu’elle estime appropriées.

L.R. (1985), ch. C-46, art. 693; L.R. (1985), ch. 27 (1er suppl.), art. 146, ch. 34 (3e suppl.), art. 12.

Avis d’appel

694. Il n’est ouvert aucun appel à la Cour suprême du Canada à moins que l’appelant ne signifie à l’intimé un avis d’appel par écrit, conformément à la Loi sur la Cour suprême.

L.R. (1985), ch. C-46, art. 694; L.R. (1985), ch. 34 (3e suppl.), art. 13.

Assistance d’un avocat

694.1 (1) La Cour suprême du Canada, ou l’un de ses juges, peut à tout moment désigner un avocat pour agir au nom d’un accusé qui est partie à un appel ou à des procédures préliminaires ou accessoires à un appel devant elle, lorsque, à son avis, il paraît désirable dans l’intérêt de la justice que l’accusé soit pourvu d’un avocat et lorsqu’il appert que l’accusé n’a pas les moyens requis pour obtenir l’assistance d’un avocat.

Honoraires et dépenses

(2) Dans le cas où l’accusé ne bénéficie pas de l’aide juridique prévue par un régime provincial, le procureur général en cause paie les honoraires et les dépenses de l’avocat désigné au titre du paragraphe (1).

Taxation des honoraires et des dépenses

(3) Dans le cas de l’application du paragraphe (2), le registraire de la Cour suprême du Canada peut, sur demande du procureur général ou de l’avocat, taxer les honoraires et les dépenses de l’avocat si le procureur général et ce dernier ne s’entendent pas sur leur montant.

L.R. (1985), ch. 34 (3e suppl.), art. 13; 1992, ch. 1, art. 60(F).

Droit de l’appelant d’être présent

694.2 (1) Sous réserve du paragraphe (2), l’appelant qui est sous garde a droit, s’il le désire, d’être présent à l’audition de l’appel devant la Cour suprême du Canada.

Appelant représenté par avocat

(2) L’appelant qui est sous garde et qui est représenté par un avocat n’a pas le droit d’être présent devant la Cour suprême du Canada :

a) lors de la demande d’autorisation d’appel;

b) lors des procédures préliminaires ou accessoires à l’appel;

c) lors de l’audition de l’appel,

à moins que les règles de la Cour ne déclarent qu’il a droit d’être présent ou que la Cour suprême ou un de ses juges ne l’autorise à être présent.

L.R. (1985), ch. 34 (3e suppl.), art. 13.

Ordonnance de la Cour suprême du Canada

695. (1) La Cour suprême du Canada peut, sur un appel aux termes de la présente partie, rendre toute ordonnance que la cour d’appel aurait pu rendre et peut établir toute règle ou rendre toute ordonnance nécessaire pour donner effet à son jugement.

Nouveau choix pour nouveau procès

(2) Sous réserve du paragraphe (3), si la Cour suprême du Canada ordonne qu’un nouveau procès soit tenu devant juge et jury, l’accusé peut néanmoins, avec le consentement du poursuivant, choisir d’être jugé par un juge sans jury ou un juge de la cour provinciale. Son choix est réputé être un nouveau choix au sens du paragraphe 561(5), les paragraphes 561(5) à (7) s’appliquant avec les adaptations nécessaires.

Procès : Nunavut

(3) Si la Cour suprême du Canada ordonne qu’un nouveau procès soit tenu devant juge et jury au Nunavut, l’accusé peut néanmoins, avec le consentement du poursuivant, choisir d’être jugé par un juge sans jury. Son choix est réputé être un nouveau choix au sens du paragraphe 561.1(6), les paragraphes 561.1(6) à (9) s’appliquant avec les adaptations nécessaires.

L.R. (1985), ch. C-46, art. 695; 1999, ch. 5, art. 27; 2008, ch. 18, art. 31.

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Appels par le procureur général du Canada Droit, pour le procureur général du Canada, d’interjeter appel

696. Le procureur général du Canada a les mêmes droits d’appel dans les procédures intentées sur l’instance du gouvernement du Canada et dirigées par ou pour ce gouvernement, que ceux que possède le procureur général d’une province aux termes de la présente partie.

S.R., ch. C-34, art. 624.

PARTIE XXI.1

DEMANDES DE RÉVISION AUPRÈS DU MINISTRE — ERREURS JUDICIAIRES Demande

696.1 (1) Une demande de révision auprès du ministre au motif qu’une erreur judiciaire aurait été commise peut être présentée au ministre de la Justice par ou pour une personne qui a été condamnée pour une infraction à une loi fédérale ou à ses règlements ou qui a été déclarée délinquant dangereux ou délinquant à contrôler en application de la partie XXIV, si toutes les voies de recours relativement à la condamnation ou à la déclaration ont été épuisées.

Forme de la demande

(2) La demande est présentée en la forme réglementaire, comporte les renseignements réglementaires et est accompagnée des documents prévus par règlement.

2002, ch. 13, art. 71.

Instruction de la demande

696.2 (1) Sur réception d’une demande présentée sous le régime de la présente partie, le ministre de la Justice l’examine conformément aux règlements.

Pouvoirs d’enquête

(2) Dans le cadre d’une enquête relative à une demande présentée sous le régime de la présente partie, le ministre de la Justice possède tous les pouvoirs accordés à un commissaire en vertu de la partie I de la Loi sur les enquêtes et ceux qui peuvent lui être accordés en vertu de l’article 11 de cette loi.

Délégation

(3) Malgré le paragraphe 11(3) de la Loi sur les enquêtes, le ministre de la Justice peut déléguer par écrit à tout membre en règle du barreau d’une province, juge à la retraite, ou tout autre individu qui, de l’avis du ministre, possède une formation ou une expérience similaires ses pouvoirs en ce qui touche le recueil de témoignages, la délivrance des assignations, la contrainte à comparution et à déposition et, de façon générale, la conduite de l’enquête visée au paragraphe (2).

2002, ch. 13, art. 71.

Définition de « cour d’appel »

696.3 (1) Dans le présent article, « cour d’appel » s’entend de la cour d’appel, au sens de l’article 2, de la province où a été instruite l’affaire pour laquelle une demande est présentée sous le régime de la présente partie.

Pouvoirs de renvoi

(2) Le ministre de la Justice peut, à tout moment, renvoyer devant la cour d’appel, pour connaître son opinion, toute question à l’égard d’une demande présentée sous le régime de la présente partie sur laquelle il désire son assistance, et la cour d’appel donne son opinion en conséquence.

Pouvoirs du ministre de la Justice

(3) Le ministre de la Justice peut, à l’égard d’une demande présentée sous le régime de la présente partie :

a) s’il est convaincu qu’il y a des motifs raisonnables de conclure qu’une erreur judiciaire s’est probablement produite :

(i) prescrire, au moyen d’une ordonnance écrite, un nouveau procès devant tout tribunal qu’il juge approprié ou, dans le cas d’une personne déclarée délinquant dangereux ou délinquant à contrôler en vertu de la partie XXIV, une nouvelle audition en vertu de cette partie,

(ii) à tout moment, renvoyer la cause devant la cour d’appel pour audition et décision comme s’il s’agissait d’un appel interjeté par la personne déclarée coupable ou par la personne déclarée délinquant dangereux ou délinquant à contrôler en vertu de la partie XXIV, selon le cas;

b) rejeter la demande.

Dernier ressort

(4) La décision du ministre de la Justice prise en vertu du paragraphe (3) est sans appel.

2002, ch. 13, art. 71.

Facteurs

696.4 Lorsqu’il rend sa décision en vertu du paragraphe 696.3(3), le ministre de la Justice prend en compte tous les éléments qu’il estime se rapporter à la demande, notamment :

a) la question de savoir si la demande repose sur de nouvelles questions importantes qui n’ont pas été étudiées par les tribunaux ou prises en considération par le ministre dans

une demande précédente concernant la même condamnation ou la déclaration en vertu de la partie XXIV;

b) la pertinence et la fiabilité des renseignements présentés relativement à la demande;

c) le fait que la demande présentée sous le régime de la présente partie ne doit pas tenir lieu d’appel ultérieur et les mesures de redressement prévues sont des recours extraordinaires.

2002, ch. 13, art. 71.

Rapport annuel

696.5 Dans les six mois suivant la fin de chaque exercice, le ministre de la Justice présente au Parlement un rapport sur les demandes présentées sous le régime de la présente partie.

2002, ch. 13, art. 71.

Règlements

696.6 Le gouverneur en conseil peut prendre des règlements :

a) concernant la forme et le contenu de la demande présentée en vertu de la présente partie et les documents qui doivent l’accompagner;

b) décrivant le processus d’instruction d’une demande présentée sous le régime de la présente partie, notamment les étapes suivantes : l’évaluation préliminaire, l’enquête, le sommaire d’enquête et la décision;

c) concernant la forme et le contenu du rapport annuel visé à l’article 696.5.

2002, ch. 13, art. 71.

PARTIE XXII

ASSIGNATION Application Application

697. Sauf dans les cas où l’article 527 s’applique, la présente partie s’applique lorsqu’une personne est tenue d’être présente afin de témoigner dans une procédure visée par la présente loi.

S.R., ch. C-34, art. 625.

Assignation ou mandat Assignation

698. (1) Lorsqu’une personne est susceptible de fournir quelque preuve substantielle dans une procédure visée par la présente loi, une assignation peut être lancée conformément à la présente partie lui enjoignant d’être présente afin de témoigner.

Mandat selon la formule 17

(2) Lorsqu’il paraît qu’une personne susceptible de fournir une preuve substantielle :

a) ne se présentera pas en réponse à l’assignation, si une assignation est lancée;

b) se soustrait à la signification d’une assignation,

un tribunal, un juge de paix ou un juge de la cour provinciale ayant le pouvoir de lancer une assignation pour enjoindre à cette personne d’être présente afin de témoigner, peut décerner un mandat rédigé selon la formule 17 en vue de la faire arrêter et de la faire amener pour témoigner.

Une assignation est d’abord émise

(3) Sauf lorsque l’alinéa (2)a) s’applique, un mandat rédigé selon la formule 17 ne peut être décerné que si une assignation a d’abord été lancée.

L.R. (1985), ch. C-46, art. 698; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Convocation des témoins par le tribunal

699. (1) L’assignation d’un témoin devant une cour supérieure de juridiction criminelle, une cour d’appel ou une cour de juridiction criminelle autre qu’un juge de la cour provinciale agissant sous le régime de la partie XIX doit émaner du tribunal devant lequel sa présence est requise.

Qui peut convoquer un témoin dans certains cas

(2) L’assignation d’un témoin devant un juge de la cour provinciale agissant sous le régime de la partie XIX ou une cour des poursuites sommaires sous le régime de la partie

XXVII ou dans des procédures sur lesquelles un juge de paix a juridiction doit être délivrée :

a) si la personne se trouve dans la province où les procédures ont été engagées, par un juge de la cour provinciale ou un juge de paix;

b) si la personne ne se trouve pas dans la province où les procédures ont été engagées, par une cour supérieure de juridiction criminelle ou un juge de la cour provinciale de la province où elles ont été engagées.

Ordonnance d’un juge

(3) Une assignation ne peut être émise par une cour supérieure de juridiction criminelle aux termes du paragraphe (2) sauf en conformité avec une ordonnance d’un juge du tribunal, rendue à la demande d’une partie à la procédure.

Sceau

(4) Une assignation ou un mandat décerné par un tribunal aux termes de la présente partie porte le sceau du tribunal et la signature d’un juge du tribunal ou du greffier du tribunal.

Signature

(5) Une assignation ou un mandat décerné par un juge de paix ou un juge de la cour provinciale en vertu de la présente partie porte la signature du juge de paix ou du juge de la cour provinciale.

Infractions d’ordre sexuel

(5.1) Par dérogation aux paragraphes (1) à (5), dans le cas des infractions visées au paragraphe 278.2(1), l’assignation à comparaître requérant un témoin d’apporter un dossier dont la communication est régie par les articles 278.1 à 278.91 doit être émise et signée par un juge.

Formule

(6) Sous réserve du paragraphe (7), une assignation lancée en vertu de la présente partie peut être rédigée selon la formule 16.

Formule dans le cas des infractions d’ordre sexuel

(7) Dans le cas des infractions visées au paragraphe 278.2(1), l’assignation à comparaître requérant un témoin d’apporter quelque chose doit être rédigée selon la formule 16.1.

L.R. (1985), ch. C-46, art. 699; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1994, ch. 44, art. 69; 1997, ch. 30, art. 2; 1999, ch. 5, art. 28.

Contenu de l’assignation

700. (1) Une assignation requiert la personne à qui elle est adressée d’être présente aux date, heure et lieu indiqués dans l’assignation, de témoigner et, si la chose est nécessaire, d’apporter avec elle toute chose qu’elle a en sa possession ou sous son contrôle, quant à l’objet des procédures.

Le témoin doit comparaître et demeurer présent

(2) Une personne à qui est signifiée une assignation émise en vertu de la présente partie doit être et demeurer présente pendant toute la durée des procédures, à moins qu’elle n’en soit excusée par le juge, le juge de paix ou le juge de la cour provinciale qui préside.

L.R. (1985), ch. C-46, art. 700; L.R. (1985), ch. 27 (1er suppl.), art. 148 et 203.

Virtuellement présent

700.1 (1) Le tribunal visé aux paragraphes 699(1) ou (2) enjoint au témoin de se présenter en tout lieu situé dans son ressort où il pourra témoigner grâce aux moyens de retransmission prévus aux articles 714.1 ou 714.3, au paragraphe 46(2) de la Loi sur la preuve au Canada ou à l’article 22.2 de la Loi sur l’entraide juridique en matière criminelle.

Modalités

(2) L’assignation est faite selon les modalités prévues aux articles 699, 700 et 701 à 703.2, avec les adaptations nécessaires.

1999, ch. 18, art. 94.

Exécution ou signification Signification

701. (1) Sous réserve du paragraphe (2), l’assignation est signifiée dans une province par un agent de la paix ou par toute personne habilitée par cette province à ce faire en matière civile, en conformité avec le paragraphe 509(2) et avec les adaptations nécessaires.

Signification personnelle

(2) Une assignation lancée d’après l’alinéa 699(2)b) est signifiée personnellement à la personne à qui elle est adressée.

(3) [Abrogé, 2008, ch. 18, art. 32]

L.R. (1985), ch. C-46, art. 701; 1994, ch. 44, art. 70; 2008, ch. 18, art. 32.

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Signification en vertu des lois provinciales

701.1 Par dérogation à l’article 701, la signification de tout document peut se faire en conformité avec le droit provincial applicable à la signification des actes judiciaires liés à la poursuite des infractions provinciales.

1997, ch. 18, art. 100; 2008, ch. 18, art. 33.

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Assignation valable partout au Canada

702. (1) L’assignation qui émane d’un juge de la cour provinciale, d’une cour supérieure de juridiction criminelle, d’une cour d’appel, d’un tribunal siégeant en appel ou d’une cour de juridiction criminelle est valable partout au Canada, selon ses termes.

Assignation valable partout dans la province

(2) L’assignation qui émane d’un juge de paix est valable partout dans la province où elle est émise.

L.R. (1985), ch. C-46, art. 702; 1994, ch. 44, art. 71.

Mandat valable partout au Canada

703. (1) Par dérogation aux autres dispositions de la présente loi, un mandat d’arrestation ou de dépôt qui émane d’une cour supérieure de juridiction criminelle, d’une cour d’appel, d’une cour d’appel au sens de l’article 812 ou d’une cour de juridiction criminelle autre qu’un juge de la cour provinciale agissant en vertu de la partie XIX, peut être exécuté partout au Canada.

Mandat valable partout dans la province

(2) Malgré toute autre disposition de la présente loi, mais sous réserve des paragraphes 487.0551(2) et 705(3), un mandat d’arrestation ou de dépôt décerné par un juge de paix ou un juge de la cour provinciale peut être exécuté en tout lieu dans la province où il est décerné.

L.R. (1985), ch. C-46, art. 703; L.R. (1985), ch. 27 (1er suppl.), art. 149; 2007, ch. 22, art. 22.

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Sommation valable partout au Canada

703.1 Une sommation peut être signifiée n’importe où au Canada, et, une fois signifiée, la juridiction territoriale des autorités qui ont délivré la sommation n’importe pas.

L.R. (1985), ch. 27 (1er suppl.), art. 149.

Signification des actes judiciaires aux organisations

703.2 Lorsqu’une sommation, un avis ou autre acte judiciaire doit ou peut être signifié à une organisation, et qu’aucun autre mode de signification n’est prévu, cette signification peut être effectuée par remise :

a) dans le cas d’une municipalité, au maire, au préfet ou autre fonctionnaire en chef de la municipalité, ou au secrétaire, au trésorier ou au greffier de celle-ci;

b) dans le cas de toute autre organisation, au gérant, au secrétaire ou à tout autre cadre supérieur de celle-ci ou d’une de ses succursales.

L.R. (1985), ch. 27 (1er suppl.), art. 149; 2003, ch. 21, art. 13.

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Témoin qui fait défaut ou s’esquive Mandat contre un témoin qui s’esquive

704. (1) Lorsqu’une personne est tenue, par engagement, de témoigner dans des procédures, un juge de paix, convaincu sur dénonciation faite devant lui par écrit et sous serment que cette personne est sur le point de s’esquiver ou s’est esquivée, peut émettre un mandat rédigé selon la formule 18 ordonnant à un agent de la paix d’arrêter cette personne et de l’amener devant le tribunal, le juge, le juge de paix ou le juge de la cour provinciale en présence de qui elle est tenue de comparaître.

Visa d’un mandat

(2) L’article 528 s’applique, compte tenu des adaptations de circonstance, à un mandat décerné aux termes du présent article.

Copie de la dénonciation

(3) Une personne arrêtée en vertu du présent article a le droit de recevoir, sur demande, une copie de la dénonciation à la suite de laquelle le mandat ordonnant son arrestation a été émis.

L.R. (1985), ch. C-46, art. 704; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Mandat lorsqu’un témoin ne comparaît pas

705. (1) Lorsqu’une personne assignée à comparaître pour témoigner dans des procédures n’est pas présente ou ne demeure pas présente, le tribunal, le juge, le juge de paix ou le juge de la cour provinciale devant qui elle était tenue de comparaître peut, s’il est établi :

a) d’une part, que l’assignation a été signifiée en conformité avec la présente partie;

b) d’autre part, que vraisemblablement cette personne rendra un témoignage important,

émettre ou faire émettre un mandat rédigé selon la formule 17 pour l’arrestation de cette personne.

Mandat lorsqu’un témoin est lié par un engagement

(2) Lorsqu’une personne qui a pris l’engagement de se présenter pour témoigner dans des procédures n’est pas présente ou ne demeure pas présente, le tribunal, le juge, le juge de paix ou le juge de la cour provinciale devant qui cette personne était tenue de comparaître peut émettre ou faire émettre un mandat rédigé selon la formule 17 pour l’arrestation de cette personne.

Mandat valable partout au Canada

(3) Un mandat émis par un juge de paix ou un juge de la cour provinciale selon le paragraphe (1) ou (2) peut être exécuté partout au Canada.

L.R. (1985), ch. C-46, art. 705; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Ordonnance lorsqu’un témoin est arrêté en vertu d’un mandat

706. Lorsqu’une personne est amenée devant un tribunal, un juge, un juge de paix ou un juge de la cour provinciale sous l’autorité d’un mandat décerné en conformité avec le paragraphe 698(2) ou l’article 704 ou 705, le tribunal, le juge, le juge de paix ou le juge de la cour provinciale peut ordonner que cette personne :

a) soit détenue sous garde;

b) soit libérée sur engagement pris selon la formule 32, avec ou sans caution,

pour comparaître et témoigner au besoin.

L.R. (1985), ch. C-46, art. 706; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Durée maximale de la détention d’un témoin

707. (1) Nul ne peut être détenu sous garde sous l’autorité de l’une des dispositions de la présente loi, aux seules fins de comparaître et de déposer comme témoin selon les exigences, pour une période de plus de trente jours, à moins que, avant l’expiration de ces

trente jours, il n’ait été conduit devant un juge d’une cour supérieure de juridiction criminelle dans la province où il est détenu.

Demande du témoin au juge

(2) Lorsque, à tout moment avant l’expiration des trente jours mentionnés au paragraphe (1), un témoin détenu sous garde comme l’indique ce paragraphe demande d’être conduit devant un juge d’un tribunal mentionné dans ce paragraphe, le juge auquel la demande est faite fixe, pour l’audition de la demande, une date antérieure à l’expiration de ces trente jours et fait donner avis de la date ainsi fixée au témoin, à la personne ayant la garde du témoin et aux autres personnes que le juge peut spécifier, et, à la date ainsi fixée pour l’audition de la demande, la personne ayant la garde du témoin fait conduire le témoin, à cette fin, devant un juge du tribunal.

Décision du juge sur la détention

(3) Si le juge devant lequel un témoin est conduit en vertu du présent article n’est pas convaincu que la continuation de la détention du témoin est justifiée, il ordonne que ce dernier soit libéré, ou qu’il soit relâché sur engagement, pris selon la formule 32, avec ou sans caution, de comparaître et témoigner selon les exigences. Toutefois, si le juge est convaincu que la continuation de la détention du témoin est justifiée, il peut ordonner que la détention continue jusqu’à ce que le témoin fasse ce qui est exigé de lui en conformité avec l’article 550 ou que le procès soit terminé, ou jusqu’à ce que le témoin comparaisse et témoigne selon les exigences, selon le cas, sauf que la durée totale de la détention du témoin à compter de la date où il a été pour la première fois placé en détention sous garde ne peut en aucun cas dépasser quatre-vingt-dix jours.

S.R., ch. C-34, art. 635.

Outrage au tribunal

708. (1) Est coupable d’outrage au tribunal quiconque, étant requis par la loi d’être présent ou de demeurer présent pour témoigner, omet, sans excuse légitime, d’être présent ou de demeurer présent en conséquence.

Peine

(2) Un tribunal, un juge de paix ou un juge de la cour provinciale peut traiter par voie sommaire une personne coupable d’un outrage au tribunal en vertu du présent article, et cette personne est passible d’une amende maximale de cent dollars et d’un emprisonnement maximal de quatre-vingt-dix jours, ou de l’une de ces peines, et il peut lui être ordonné de payer les frais résultant de la signification de tout acte judiciaire selon la présente partie et de sa détention, s’il en est.

Formule

(3) Une condamnation sous le régime du présent article peut être rédigée selon la formule 38 et un mandat de dépôt à l’égard d’une condamnation prévue par le présent article peut être dressé selon la formule 25.

L.R. (1985), ch. C-46, art. 708; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Copies transmises par voie électronique Copies transmises par moyen électronique

708.1 La copie d’une sommation, d’un mandat ou d’une assignation transmise à l’aide d’un moyen de communication qui rend la communication sous forme écrite a, pour l’application de la présente loi, la même force probante que l’original.

1997, ch. 18, art. 101.

Témoignage par commission Ordonnance nommant un commissaire

709. (1) Une partie à des procédures par voie de mise en accusation ou par procédure sommaire peut demander une ordonnance nommant un commissaire pour recueillir la déposition d’un témoin qui, selon le cas :

a) en raison :

(i) soit d’une incapacité physique résultant d’une maladie,

(ii) soit de toute autre cause valable et suffisante,

se trouvera vraisemblablement dans l’impossibilité d’être présent au moment du procès;

b) est à l’étranger.

Idem

(2) La décision prise en vertu du paragraphe (1) est réputée avoir été prise au procès auquel se rapportent les procédures qui y sont visées.

L.R. (1985), ch. C-46, art. 709; L.R. (1985), ch. 27 (1er suppl.), art. 150; 1994, ch. 44, art. 72.

Demande lorsqu’un témoin est malade

710. (1) La demande prévue par l’alinéa 709(1)a) est faite :

a) soit à un juge d’une cour supérieure de la province;

b) soit à un juge d’une cour de comté ou de district de la circonscription territoriale où les procédures sont engagées;

c) soit à un juge de la cour provinciale, dans l’un ou l’autre des cas suivants :

(i) au moment où la demande est faite, l’accusé est devant un juge de la cour provinciale qui préside une enquête préliminaire en vertu de la partie XVIII,

(ii) l’accusé ou le défendeur doit subir son procès devant un juge de la cour provinciale agissant sous l’autorité des parties XIX ou XXVII.

Témoignage d’un médecin

(2) La demande prévue par le sous-alinéa 709(1)a)(i) peut être accordée sur le témoignage d’un médecin inscrit.

L.R. (1985), ch. C-46, art. 710; L.R. (1985), ch. 27 (1er suppl.), art. 151; 1994, ch. 44, art. 73.

Déposition d’un témoin malade

711. Lorsque la déposition d’un témoin mentionné à l’alinéa 709(1)a) est recueillie par un commissaire nommé en application de l’article 710, elle peut être admise en preuve dans les procédures lorsque sont réunies les conditions suivantes :

a) il est établi par témoignage oral ou par affidavit que le témoin est incapable d’être présent, par suite de décès ou d’incapacité physique résultant de la maladie ou par suite de toute autre cause valable et suffisante;

b) la transcription de la déposition est signée par le commissaire par qui ou devant qui elle semble avoir été recueillie;

c) il est établi à la satisfaction du tribunal qu’un avis raisonnable du moment de la prise de la déposition a été donné à l’autre partie et que l’accusé ou son avocat, ou le poursuivant ou son avocat, selon le cas, a eu ou aurait pu avoir l’occasion voulue de contre-interroger le témoin.

L.R. (1985), ch. C-46, art. 711; L.R. (1985), ch. 27 (1er suppl.), art. 152; 1994, ch. 44, art. 74; 1997, ch. 18, art. 102.

Demande d’une ordonnance lorsque le témoin est hors du Canada

712. (1) La demande faite en vertu de l’alinéa 709(1)b) est adressée :

a) soit à un juge d’une cour supérieure de juridiction criminelle ou d’une cour de juridiction criminelle devant laquelle l’accusé doit subir son procès;

b) soit à un juge de la cour provinciale, lorsque l’accusé ou le défendeur doit subir son procès devant un juge de la cour provinciale agissant sous l’autorité des parties XIX ou XXVII.

Admission de la déposition d’un témoin à l’étranger

(2) Lorsque la déposition d’un témoin est recueillie par un commissaire nommé sous le régime du présent article, elle peut être admise en preuve dans les procédures.

(3) [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 153]

L.R. (1985), ch. C-46, art. 712; L.R. (1985), ch. 27 (1er suppl.), art. 153; 1994, ch. 44, art. 75; 1997, ch. 18, art. 103.

Présence de l’avocat de l’accusé

713. (1) Un juge ou un juge de la cour provinciale qui nomme un commissaire peut, dans l’ordonnance, établir les dispositions nécessaires pour permettre à un accusé d’être présent ou d’être représenté par un avocat au moment où le témoignage est recueilli, mais le fait que l’accusé n’est pas présent ou n’est pas représenté par avocat en conformité avec l’ordonnance ne porte pas atteinte à l’admissibilité de la déposition au cours des procédures, pourvu que cette déposition ait autrement été recueillie en conformité avec l’ordonnance et la présente partie.

Rapport des dépositions

(2) Une ordonnance pour la prise d’une déposition par commission indique le fonctionnaire du tribunal à qui la déposition recueillie en vertu de l’ordonnance doit être rapportée.

L.R. (1985), ch. C-46, art. 713; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1997, ch. 18, art. 104.

Admission de la preuve recueillie

713.1 La preuve recueillie par un commissaire nommé sous le régime de l’article 712 ne peut être écartée pour le motif que la procédure suivie était différente de celle suivie au Canada si cette procédure est conforme, d’une part, au droit en vigueur dans le pays où elle a été recueillie et, d’autre part, aux principes de justice fondamentale.

1994, ch. 44, art. 76.

Mêmes règles et pratique que dans les causes civiles

714. Sauf disposition contraire de la présente partie ou des règles de cour, la pratique et la procédure concernant la nomination de commissaires sous le régime de la présente partie, la prise de dépositions par des commissaires, l’attestation et le rapport de ces dépositions, et leur emploi dans des procédures sont, autant que possible, les mêmes que celles qui régissent des matières similaires dans des procédures civiles devant la cour supérieure de la province où les procédures sont intentées.

S.R., ch. C-34, art. 642.

Déposition à distance Témoin au Canada

714.1 Le tribunal peut, s’il l’estime indiqué dans les circonstances — compte tenu du lieu où se trouve le témoin, de sa situation personnelle, des coûts que sa présence impliquerait et de la nature de sa déposition — ordonner au témoin qui se trouve au Canada de déposer au moyen d’un instrument qui retransmet sur le vif, ailleurs au Canada, au juge et aux parties, son image et sa voix et qui permet de l’interroger.

1999, ch. 18, art. 95.

Témoin à l’étranger

714.2 (1) À moins qu’une partie n’établisse à la satisfaction du tribunal que ce serait contraire aux principes de justice fondamentale, le tribunal reçoit la déposition de la personne qui se trouve à l’étranger faite au moyen d’un instrument qui retransmet sur le vif, au Canada, au juge et aux parties, son image et sa voix et qui permet de l’interroger.

Préavis

(2) La partie qui entend se prévaloir du paragraphe (1) donne un préavis d’au moins dix jours au tribunal qui recevra la déposition et aux parties.

1999, ch. 18, art. 95.

Voix seule : témoin au Canada

714.3 S’il l’estime indiqué dans les circonstances — compte tenu du lieu où se trouve le témoin, de sa situation personnelle, des coûts que sa présence impliquerait, de la nature de sa déposition et du risque d’effet préjudiciable à une partie en raison de l’impossibilité de le voir — , le tribunal peut ordonner au témoin qui se trouve au Canada de déposer au moyen d’un instrument qui retransmet, sur le vif, ailleurs au Canada, au juge et aux parties, sa voix et qui permet de l’interroger.

1999, ch. 18, art. 95.

Voix seule : témoin à l’étranger

714.4 S’il l’estime indiqué dans les circonstances — compte tenu de la nature de la déposition du témoin et du risque d’effet préjudiciable à une partie en raison de l’impossibilité de le voir — , le tribunal peut recevoir la déposition d’un témoin qui se trouve à l’étranger faite au moyen d’un instrument qui retransmet, sur le vif, au juge et aux parties, sa voix et qui permet de l’interroger.

1999, ch. 18, art. 95.

Serment ou affirmation solennelle

714.5 Avant de déposer conformément aux articles 714.2 ou 714.4, le témoin qui se trouve à l’étranger doit, au moyen de l’instrument utilisé pour sa déposition, prêter serment ou faire une affirmation solennelle conformément soit au droit canadien, soit au droit du lieu où il se trouve. Il peut aussi déposer de toute autre façon prouvant qu’il comprend l’obligation de dire la vérité.

1999, ch. 18, art. 95.

Présomption

714.6 Le témoin qui dépose conformément aux articles 714.2 ou 714.4 à partir de l’étranger est réputé le faire au Canada — sous serment ou après avoir fait une affirmation solennelle conformément au droit canadien — aux fins du droit relatif à la preuve, à la procédure, au parjure ou à l’outrage au tribunal.

1999, ch. 18, art. 95.

Frais

714.7 La partie qui fait entendre le témoin en conformité avec les articles 714.1, 714.2, 714.3 ou 714.4 supporte les coûts ainsi exposés.

1999, ch. 18, art. 95.

Consentement des parties

714.8 Les articles 714.1 à 714.7 n’ont pas pour effet d’empêcher le tribunal, si les parties y consentent, de recevoir en preuve le témoignage rendu au moyen d’un instrument qui retransmet sur le vif son image ou sa voix, ou les deux, et qui permet de l’interroger.

1999, ch. 18, art. 95.

Témoignages antérieurement recueillis

Dans certains cas, la preuve recueillie à l’enquête préliminaire peut être lue au procès

715. (1) Lorsque, au procès d’un accusé, une personne qui a témoigné au cours d’un procès antérieur sur la même inculpation ou qui a témoigné au cours d’un examen de l’inculpation contre l’accusé ou lors de l’enquête préliminaire sur l’inculpation, refuse de prêter serment ou de témoigner, ou si sont établis sous serment des faits dont il est raisonnablement permis de conclure que la personne, selon le cas :

a) est décédée;

b) est depuis devenue aliénée et est aliénée;

c) est trop malade pour voyager ou pour témoigner;

d) est absente du Canada,

et s’il est établi que son témoignage a été reçu en présence de l’accusé, ce témoignage peut être admis en preuve dans les procédures, sans autre preuve, à moins que l’accusé n’établisse qu’il n’a pas eu l’occasion voulue de contre-interroger le témoin.

Dans certains cas, la preuve recueillie à l’enquête préliminaire peut être lue au procès

(2) Les dépositions prises lors de l’enquête préliminaire ou autre examen portant sur une inculpation d’un accusé peuvent être admises en preuve lors de la poursuite de l’accusé pour toute autre infraction, sur la même preuve et de la même manière, à tous égards, qu’elles pourraient être légalement admises en preuve lors de la poursuite de l’infraction dont l’accusé était inculpé lorsque ces dépositions ont été prises.

Absence de l’accusé

(2.1) Malgré les paragraphes (1) et (2), le témoignage fourni par un témoin lors de l’enquête préliminaire en l’absence de l’accusé peut être admis en preuve aux fins visées à ces paragraphes si l’accusé était absent parce qu’il s’est vu accorder par un juge de paix, au titre de l’alinéa 537(1)j.1), la permission de ne pas comparaître.

Accusé réputé présent

(3) Pour l’application du présent article, lorsque la preuve a été recueillie lors d’un procès antérieur, d’une enquête préliminaire ou de toute autre procédure à l’égard de l’accusé, en son absence parce qu’il s’est esquivé, ce dernier est réputé avoir été présent et avoir eu l’occasion voulue de contre-interroger le témoin.

Exception

(4) Les paragraphes (1) à (3) ne s’appliquent pas aux éléments de preuve reçus au titre du paragraphe 540(7).

L.R. (1985), ch. C-46, art. 715; 1994, ch. 44, art. 77; 1997, ch. 18, art. 105; 2002, ch. 13, art. 72; 2008, ch. 18, art. 34.

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Enregistrement vidéo Témoignages — victimes ou témoins âgés de moins de dix-huit ans

715.1 (1) Dans les procédures dirigées contre l’accusé, dans le cas où une victime ou un témoin est âgé de moins de dix-huit ans au moment de la perpétration de l’infraction reprochée, l’enregistrement vidéo réalisé dans un délai raisonnable après la perpétration de l’infraction reprochée et montrant la victime ou le témoin en train de décrire les faits à l’origine de l’accusation est, sauf si le juge ou le juge de paix qui préside est d’avis que cela nuirait à la bonne administration de la justice, admissible en preuve si la victime ou le témoin confirme dans son témoignage le contenu de l’enregistrement.

Ordonnance d’interdiction

(2) Le juge ou le juge de paix qui préside peut interdire toute autre forme d’utilisation de l’enregistrement visé au paragraphe (1).

L.R. (1985), ch. 19 (3e suppl.), art. 16; 1997, ch. 16, art. 7; 2005, ch. 32, art. 23.

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Témoignage — victime ou témoin ayant une déficience

715.2 (1) Dans les procédures dirigées contre l’accusé, dans le cas où une victime ou un témoin est capable de communiquer les faits dans son témoignage mais éprouve de la difficulté à le faire en raison d’une déficience mentale ou physique, l’enregistrement vidéo réalisé dans un délai raisonnable après la perpétration de l’infraction reprochée et montrant la victime ou le témoin en train de décrire les faits à l’origine de l’accusation est, sauf si le juge ou le juge de paix qui préside est d’avis que cela nuirait à la bonne administration de la justice, admissible en preuve si la victime ou le témoin confirme dans son témoignage le contenu de l’enregistrement.

Ordonnance d’interdiction

(2) Le juge ou le juge de paix qui préside peut interdire toute autre forme d’utilisation de l’enregistrement visé au paragraphe (1).

1998, ch. 9, art. 8; 2005, ch. 32, art. 23.

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PARTIE XXIII

DÉTERMINATION DE LA PEINE Définitions Définitions

716. Les définitions qui suivent s’appliquent à la présente partie.

« accusé »

“accused”

« accusé » Est assimilé à l’accusé le défendeur.

« amende »

“fine”

« amende » Peine pécuniaire ou autre somme d’argent, à l’exclusion du dédommagement.

« mandat d’incarcération »

French version only

« mandat d’incarcération » Est assimilé au mandat d’incarcération le mandat de dépôt.

« mesures de rechange »

“alternative measures”

« mesures de rechange » Mesures prises à l’endroit d’une personne de dix-huit ans et plus à qui une infraction est imputée plutôt que le recours aux procédures judiciaires prévues par la présente loi.

« tribunal »

“court”

« tribunal »

a) Une cour supérieure de juridiction criminelle;

b) une cour de juridiction criminelle;

c) un juge de paix ou un juge d’une cour provinciale agissant à titre de cour des poursuites sommaires en vertu de la partie XXVII;

d) un tribunal qui entend un appel.

L.R. (1985), ch. C-46, art. 716; L.R. (1985), ch. 27 (1er suppl.), art. 154; 1995, ch. 22, art. 6; 1999, ch. 5, art. 29(A).

Mesures de rechange Application

717. (1) Compte tenu de l’intérêt de la société, le recours à des mesures de rechange à l’endroit d’une personne à qui une infraction est imputée plutôt qu’aux procédures judiciaires prévues par la présente loi peut se faire si les conditions suivantes sont réunies :

a) ces mesures font partie d’un programme de mesures de rechange autorisé soit par le procureur général ou son délégué, soit par une personne appartenant à une catégorie de personnes désignée par le lieutenant-gouverneur en conseil d’une province;

b) la personne qui envisage de recourir à ces mesures est convaincue qu’elles sont appropriées, compte tenu des besoins du suspect et de l’intérêt de la société et de la victime;

c) le suspect, informé des mesures de rechange, a librement manifesté sa ferme volonté de collaborer à leur mise en oeuvre;

d) le suspect, avant de manifester sa volonté de collaborer à leur mise en oeuvre, a été avisé de son droit aux services d’un avocat;

e) le suspect se reconnaît responsable de l’acte ou de l’omission à l’origine de l’infraction qui lui est imputée;

f) le procureur général ou son représentant estiment qu’il y a des preuves suffisantes justifiant des poursuites relatives à l’infraction;

g) aucune règle de droit ne fait obstacle à la mise en oeuvre de poursuites relatives à l’infraction.

Restrictions

(2) Le suspect ne peut faire l’objet de mesures de rechange dans les cas suivants :

a) il a nié toute participation à la perpétration de l’infraction;

b) il a manifesté le désir de voir déférer au tribunal toute accusation portée contre lui.

Non-admissibilité des aveux

(3) Les aveux de culpabilité ou les déclarations par lesquels le suspect se reconnaît responsable d’un acte ou d’une omission déterminés ne sont pas, lorsqu’il les a faits pour pouvoir bénéficier de mesures de rechange, admissibles en preuve dans les actions civiles ou les poursuites pénales dirigées contre lui.

Possibilité de mesures de rechange et poursuites

(4) Le recours aux mesures de rechange à l’endroit d’une personne à qui une infraction est imputée n’empêche pas la mise en oeuvre de poursuites dans le cadre de la présente loi; toutefois, dans le cas où une accusation est portée contre elle pour cette infraction et lorsque le tribunal est convaincu, selon la prépondérance des probabilités, que cette personne :

a) a entièrement accompli les modalités des mesures de rechange, il rejette l’accusation;

b) a partiellement accompli les modalités des mesures de rechange, il peut, s’il estime que la poursuite est injuste eu égard aux circonstances, rejeter l’accusation; le tribunal peut, avant de rendre une décision, tenir compte du comportement de cette personne dans l’application des mesures de rechange.

Dénonciation

(5) Sous réserve du paragraphe (4), le présent article n’a pas pour effet d’empêcher quiconque de faire une dénonciation, d’obtenir un acte judiciaire ou la confirmation d’un tel acte ou de continuer des poursuites, conformément à la loi.

L.R. (1985), ch. C-46, art. 717; 1995, ch. 22, art. 6.

Dossier des suspects

717.1 Les articles 717.2 à 717.4 ne s’appliquent qu’aux personnes qui ont fait l’objet de mesures de rechange, peu importe qu’elles observent ou non les modalités de ces mesures.

1995, ch. 22, art. 6.

Dossier de police

717.2 (1) Le dossier relatif à une infraction imputée à une personne et comportant, notamment, l’original ou une reproduction des empreintes digitales ou de toute

photographie de la personne peut être tenu par le corps de police qui a mené l’enquête à ce sujet ou qui a participé à cette enquête.

Communication par un agent de la paix

(2) Un agent de la paix peut communiquer à toute personne les renseignements contenus dans un dossier tenu en application du présent article dont la communication s’impose pour la conduite d’une enquête relative à une infraction.

Communication à une société d’assurances

(3) Un agent de la paix peut communiquer à une société d’assurances les renseignements contenus dans un dossier tenu en application du présent article pour l’investigation d’une réclamation découlant d’une infraction commise par la personne visée par le dossier ou qui est imputée à celle-ci.

1995, ch. 22, art. 6.

Dossiers gouvernementaux

717.3 (1) Tout ministère ou organisme public canadien peut conserver en sa possession le dossier des éléments d’information :

a) aux fins d’enquête sur une infraction imputée à une personne;

b) aux fins d’utilisation dans le cadre des poursuites intentées contre une personne sous le régime de la présente loi;

c) à la suite de l’utilisation de mesures de rechange à l’endroit d’une personne.

Dossiers privés

(2) Toute personne ou tout organisme peut conserver les dossiers contenant des éléments d’information qui sont en sa possession à la suite de la mise en oeuvre de mesures de rechange à l’endroit d’une personne à laquelle une infraction est imputée.

1995, ch. 22, art. 6.

Accès au dossier

717.4 (1) Les personnes suivantes ont accès à tout dossier tenu en application des articles 717.2 ou 717.3 :

a) tout juge ou tribunal pour des fins liées à des poursuites relatives à des infractions commises par la personne visée par le dossier ou qui lui sont imputées;

b) un agent de la paix :

(i) dans le cadre d’une enquête portant sur une infraction que l’on soupçonne, pour des motifs raisonnables, avoir été commise, ou relativement à laquelle la personne a été arrêtée ou inculpée,

(ii) à des fins liées à l’administration de l’affaire visée par le dossier;

c) tout membre du personnel ou mandataire d’un ministère ou d’un organisme public canadien chargé :

(i) de l’administration de mesures de rechange concernant la personne,

(ii) de la préparation d’un rapport concernant la personne en application de la présente loi;

d) toute autre personne, ou personne faisant partie d’une catégorie de personnes, que le juge d’un tribunal estime avoir un intérêt valable dans le dossier selon la mesure qu’il autorise s’il est convaincu que la communication est :

(i) souhaitable, dans l’intérêt public, aux fins de recherche ou d’établissement de statistiques,

(ii) souhaitable dans l’intérêt de la bonne administration de la justice.

Révélation postérieure

(2) La personne qui, aux termes du sous-alinéa (1)d)(i), a accès à un dossier peut postérieurement communiquer les renseignements qui y sont contenus; toutefois cette communication ne peut se faire d’une manière qui permettrait normalement d’identifier la personne en cause.

Communication de renseignements et de copies

(3) Les personnes à qui l’accès à un dossier peut, en application du présent article, être accordé peuvent obtenir tous renseignements contenus dans le dossier ou tout extrait de celui-ci.

Production en preuve

(4) Le présent article n’autorise pas la production en preuve des pièces d’un dossier qui, autrement, ne seraient pas admissibles en preuve.

Idem

(5) Tout dossier tenu en application des articles 717.2 ou 717.3 ne peut être produit en preuve après l’expiration d’une période de deux ans suivant la fin de la période d’application des mesures de rechange, sauf si le dossier est produit à l’égard des éléments mentionnés à l’alinéa 721(3)c).

1995, ch. 22, art. 6.

Objectif et principes Objectif

718. Le prononcé des peines a pour objectif essentiel de contribuer, parallèlement à d’autres initiatives de prévention du crime, au respect de la loi et au maintien d’une société juste, paisible et sûre par l’infliction de sanctions justes visant un ou plusieurs des objectifs suivants :

a) dénoncer le comportement illégal;

b) dissuader les délinquants, et quiconque, de commettre des infractions;

c) isoler, au besoin, les délinquants du reste de la société;

d) favoriser la réinsertion sociale des délinquants;

e) assurer la réparation des torts causés aux victimes ou à la collectivité;

f) susciter la conscience de leurs responsabilités chez les délinquants, notamment par la reconnaissance du tort qu’ils ont causé aux victimes et à la collectivité.

L.R. (1985), ch. C-46, art. 718; L.R. (1985), ch. 27 (1er suppl.), art. 155; 1995, ch. 22, art. 6.

Objectif — infraction perpétrée à l’égard des enfants

718.01 Le tribunal qui impose une peine pour une infraction qui constitue un mauvais traitement à l’égard d’une personne âgée de moins de dix-huit ans accorde une attention particulière aux objectifs de dénonciation et de dissuasion d’un tel comportement.

2005, ch. 32, art. 24.

Objectifs — infraction à l’égard d’un agent de la paix ou autre personne associée au système judiciaire

718.02 Le tribunal qui impose une peine pour l’une des infractions prévues au paragraphe 270(1), aux articles 270.01 ou 270.02 ou à l’alinéa 423.1(1)b) accorde une attention

particulière aux objectifs de dénonciation et de dissuasion de l’agissement à l’origine de l’infraction.

2009, ch. 22, art. 18.

Principe fondamental

718.1 La peine est proportionnelle à la gravité de l’infraction et au degré de responsabilité du délinquant.

L.R. (1985), ch. 27 (1er suppl.), art. 156; 1995, ch. 22, art. 6.

Principes de détermination de la peine

718.2 Le tribunal détermine la peine à infliger compte tenu également des principes suivants :

a) la peine devrait être adaptée aux circonstances aggravantes ou atténuantes liées à la perpétration de l’infraction ou à la situation du délinquant; sont notamment considérées comme des circonstances aggravantes des éléments de preuve établissant :

(i) que l’infraction est motivée par des préjugés ou de la haine fondés sur des facteurs tels que la race, l’origine nationale ou ethnique, la langue, la couleur, la religion, le sexe, l’âge, la déficience mentale ou physique ou l’orientation sexuelle,

(ii) que l’infraction perpétrée par le délinquant constitue un mauvais traitement de son époux ou conjoint de fait,

(ii.1) que l’infraction perpétrée par le délinquant constitue un mauvais traitement à l’égard d’une personne âgée de moins de dix-huit ans,

(iii) que l’infraction perpétrée par le délinquant constitue un abus de la confiance de la victime ou un abus d’autorité à son égard,

(iv) que l’infraction a été commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

(v) que l’infraction perpétrée par le délinquant est une infraction de terrorisme;

b) l’harmonisation des peines, c’est-à-dire l’infliction de peines semblables à celles infligées à des délinquants pour des infractions semblables commises dans des circonstances semblables;

c) l’obligation d’éviter l’excès de nature ou de durée dans l’infliction de peines consécutives;

d) l’obligation, avant d’envisager la privation de liberté, d’examiner la possibilité de sanctions moins contraignantes lorsque les circonstances le justifient;

e) l’examen de toutes les sanctions substitutives applicables qui sont justifiées dans les circonstances, plus particulièrement en ce qui concerne les délinquants autochtones.

1995, ch. 22, art. 6; 1997, ch. 23, art. 17; 2000, ch. 12, art. 95; 2001, ch. 32, art. 44(F), ch. 41, art. 20; 2005, ch. 32, art. 25.

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Organisations Facteurs à prendre en compte

718.21 Le tribunal détermine la peine à infliger à toute organisation en tenant compte également des facteurs suivants :

a) les avantages tirés par l’organisation du fait de la perpétration de l’infraction;

b) le degré de complexité des préparatifs reliés à l’infraction et de l’infraction elle-même et la période au cours de laquelle elle a été commise;

c) le fait que l’organisation a tenté de dissimuler des éléments d’actif, ou d’en convertir, afin de se montrer incapable de payer une amende ou d’effectuer une restitution;

d) l’effet qu’aurait la peine sur la viabilité économique de l’organisation et le maintien en poste de ses employés;

e) les frais supportés par les administrations publiques dans le cadre des enquêtes et des poursuites relatives à l’infraction;

f) l’imposition de pénalités à l’organisation ou à ses agents à l’égard des agissements à l’origine de l’infraction;

g) les déclarations de culpabilité ou pénalités dont l’organisation — ou tel de ses agents qui a participé à la perpétration de l’infraction — a fait l’objet pour des agissements similaires;

h) l’imposition par l’organisation de pénalités à ses agents pour leur rôle dans la perpétration de l’infraction;

i) toute restitution ou indemnisation imposée à l’organisation ou effectuée par elle au profit de la victime;

j) l’adoption par l’organisation de mesures en vue de réduire la probabilité qu’elle commette d’autres infractions.

2003, ch. 21, art. 14.

Peines en général Degré de la peine

718.3 (1) Lorsqu’une disposition prescrit différents degrés ou genres de peine à l’égard d’une infraction, la punition à infliger est, sous réserve des restrictions contenues dans la disposition, à la discrétion du tribunal qui condamne l’auteur de l’infraction.

Appréciation du tribunal

(2) Lorsqu’une disposition prescrit une peine à l’égard d’une infraction, la peine à infliger est, sous réserve des restrictions contenues dans la disposition, laissée à l’appréciation du tribunal qui condamne l’auteur de l’infraction, mais nulle peine n’est une peine minimale à moins qu’elle ne soit déclarée telle.

Emprisonnement à défaut de paiement d’une amende

(3) Lorsque l’accusé est déclaré coupable d’une infraction punissable à la fois d’une amende et d’un emprisonnement et qu’une période d’emprisonnement à défaut de paiement de l’amende n’est pas spécifiée dans la disposition qui prescrit la peine à infliger, l’emprisonnement pouvant être infligé à défaut de paiement ne peut dépasser l’emprisonnement prescrit à l’égard de l’infraction.

Peines cumulatives

(4) Le tribunal ou le tribunal pour adolescents peut ordonner que soient purgées consécutivement les périodes d’emprisonnement qu’il inflige à l’accusé ou qui sont infligées à celui-ci en application des paragraphes 734(4) ou 743.5(1) ou (2) lorsque, selon le cas :

a) l’accusé est, au moment de l’infliction de la peine, sous le coup d’une peine et une période d’emprisonnement lui est infligée pour défaut de paiement d’une amende ou pour une autre raison;

b) l’accusé est déclaré coupable d’une infraction punissable d’une amende et d’un emprisonnement, et les deux lui sont infligés;

c) l’accusé est déclaré coupable de plus d’une infraction et, selon le cas :

(i) plus d’une amende est infligée,

(ii) des périodes d’emprisonnement sont infligées pour chacune,

(iii) une période d’emprisonnement est infligée pour une et une amende est infligée pour une autre;

d) les paragraphes 743.5(1) ou (2) s’appliquent.

1995, ch. 22, art. 6; 1997, ch. 18, art. 141; 2002, ch. 1, art. 182.

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Début de la peine

719. (1) La peine commence au moment où elle est infligée, sauf lorsque le texte législatif applicable y pourvoit de façon différente.

Exclusion de certaines périodes

(2) Les périodes durant lesquelles une personne déclarée coupable est illégalement en liberté ou est légalement en liberté à la suite d’une mise en liberté provisoire accordée en vertu de la présente loi ne sont pas prises en compte dans le calcul de la période d’emprisonnement infligée à cette personne.

Infliction de la peine

(3) Pour fixer la peine à infliger à une personne déclarée coupable d’une infraction, le tribunal peut prendre en compte toute période que la personne a passée sous garde par suite de l’infraction; il doit, le cas échéant, restreindre le temps alloué pour cette période à un maximum d’un jour pour chaque jour passé sous garde.

Exception

(3.1) Malgré le paragraphe (3), si les circonstances le justifient, le maximum est d’un jour et demi pour chaque jour passé sous garde, sauf dans le cas où la personne a été détenue pour le motif inscrit au dossier de l’instance en application du paragraphe 515(9.1) ou au titre de l’ordonnance rendue en application des paragraphes 524(4) ou (8).

Motivation obligatoire

(3.2) Le tribunal motive toute décision d’allouer du temps pour la période passée sous garde et fait inscrire les motifs au dossier de l’instance.

Inscription obligatoire

(3.3) Il fait inscrire au dossier de l’instance et sur le mandat de dépôt l’infraction en cause, le temps passé sous garde, la période d’emprisonnement qui aurait été infligée n’eût été tout temps alloué, le temps alloué, le cas échéant, et la peine infligée.

Validité de la peine

(3.4) L’inobservation des paragraphes (3.2) ou (3.3) n’entache pas la validité de la peine infligée.

Début de l’emprisonnement

(4) Malgré le paragraphe (1), une période d’emprisonnement, infligée par un tribunal de première instance ou par le tribunal saisi d’un appel, commence à courir ou est censée reprise, selon le cas, à la date où la personne déclarée coupable est arrêtée et mise sous garde aux termes de la sentence.

Période antérieure d’emprisonnement

(5) Malgré le paragraphe (1), lorsque la peine infligée est une amende avec un emprisonnement à défaut de paiement, aucune période antérieure à la date de l’exécution du mandat d’incarcération ne compte comme partie de la période d’emprisonnement.

Demande d’autorisation d’appel

(6) Une demande d’autorisation d’appel constitue un appel pour l’application du présent article.

L.R. (1985), ch. C-46, art. 719; L.R. (1985), ch. 27 (1er suppl.), art. 157; 1995, ch. 22, art. 6; 2009, ch. 29, art. 3.

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Procédure et règles de preuve Règle générale

720. (1) Dans les meilleurs délais possibles suivant la déclaration de culpabilité, le tribunal procède à la détermination de la peine à infliger au délinquant.

Report

(2) Il peut, si le procureur général et le délinquant y consentent et en tenant compte de l’intérêt de la justice et de toute victime de l’infraction, reporter la détermination de la peine pour permettre au délinquant de participer, sous la surveillance du tribunal, à un programme de traitement agréé par la province, tel un programme de traitement de la toxicomanie ou un programme d’aide en matière de violence conjugale.

L.R. (1985), ch. C-46, art. 720; 1995, ch. 22, art. 6; 2008, ch. 18, art. 35.

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Rapport de l’agent de probation

721. (1) Sous réserve des règlements d’application du paragraphe (2), lorsque l’accusé, autre qu’une organisation, plaide coupable ou est reconnu coupable d’une infraction, l’agent de probation est tenu, s’il est requis de le faire par le tribunal, de préparer et de déposer devant celui-ci un rapport écrit concernant l’accusé afin d’aider le tribunal à infliger une peine ou à décider si l’accusé devrait être absous en application de l’article 730.

Règlements de la province

(2) Le lieutenant-gouverneur en conseil d’une province peut, par règlement, déterminer les sortes d’infractions qui peuvent faire l’objet d’un rapport présentenciel et régir la forme et le contenu du rapport.

Contenu du rapport

(3) Sauf détermination contraire du tribunal, les renseignements suivants figurent dans le rapport, si possible :

a) l’âge, le degré de maturité, le caractère et le comportement du délinquant et son désir de réparer le tort;

b) sous réserve du paragraphe 119(2) de la Loi sur le système de justice pénale pour les adolescents, les antécédents du délinquant en ce qui concerne les décisions rendues en application de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), et les peines imposées en application de la Loi sur le système de justice pénale pour les adolescents ou les déclarations de culpabilité prononcées en application de la présente loi ou d’une autre loi fédérale;

c) les antécédents du délinquant en ce qui concerne les mesures de rechange qui lui ont été appliquées et leurs effets sur lui;

d) les autres renseignements qui doivent figurer dans le rapport aux termes des règlements d’application du paragraphe (2).

Autres renseignements

(4) Sous réserve des règlements d’application du paragraphe (2), figurent dans le rapport les autres renseignements exigés par le tribunal après avoir entendu le poursuivant et le délinquant.

Copie du rapport

(5) Dans les meilleurs délais possible suivant le dépôt auprès du tribunal du rapport, le greffier en fait parvenir une copie au poursuivant et, sous réserve des instructions du tribunal, au délinquant ou à son avocat.

L.R. (1985), ch. C-46, art. 721; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1995, ch. 22, art. 6; 1999, ch. 25, art. 16(préambule); 2002, ch. 1, art. 183; 2003, ch. 21, art. 15.

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Déclaration de la victime

722. (1) Pour déterminer la peine à infliger ou pour décider si un délinquant devrait être absous en vertu de l’article 730, le tribunal prend en considération la déclaration de la victime, rédigée en conformité avec le paragraphe (2), sur les dommages — corporels ou autres — ou les pertes causées à celle-ci par la perpétration de l’infraction.

Procédure

(2) La déclaration visée au paragraphe (1) est à rédiger selon la forme et en conformité avec les règles prévues par le programme désigné par le lieutenant-gouverneur en conseil de la province où siège le tribunal et doit être déposée auprès de celui-ci.

Présentation de la déclaration

(2.1) Si la victime en fait la demande, le tribunal lui permet de lire la déclaration rédigée et déposée auprès du tribunal en conformité avec le paragraphe (2) ou d’en faire la présentation de toute autre façon qu’il juge indiquée.

Appréciation du tribunal

(3) Qu’il y ait ou non rédaction et dépôt d’une déclaration en conformité avec le paragraphe (2), le tribunal peut prendre en considération tout élément de preuve qui concerne la victime afin de déterminer la peine à infliger au délinquant ou de décider si celui-ci devrait être absous en vertu de l’article 730.

Définition de « victime »

(4) Pour l’application du présent article et de l’article 722.2, la victime est :

a) la personne qui a subi des pertes ou des dommages — matériels, corporels ou moraux — par suite de la perpétration d’une infraction;

b) si la personne visée à l’alinéa a) est décédée, malade ou incapable de faire la déclaration prévue au paragraphe (1), soit son époux ou conjoint de fait, soit un parent,

soit quiconque en a la garde, en droit ou en fait, soit toute personne aux soins de laquelle elle est confiée ou qui est chargée de son entretien, soit une personne à sa charge.

L.R. (1985), ch. C-46, art. 722; 1995, ch. 22, art. 6; 1999, ch. 25, art. 17(préambule); 2000, ch. 12, art. 95.

Copie de la déclaration de la victime

722.1 Dans les meilleurs délais possible suivant la déclaration de culpabilité, le greffier fait parvenir au poursuivant et au délinquant ou à son avocat, une copie de la déclaration visée au paragraphe 722(1).

1995, ch. 22, art. 6; 1999, ch. 25, art. 18(préambule).

Obligation de s’enquérir

722.2 (1) Dans les meilleurs délais possible suivant la déclaration de culpabilité et, en tout état de cause, avant la détermination de la peine, le tribunal est tenu de s’enquérir auprès du poursuivant ou de la victime — ou de toute personne la représentant — si elle a été informée de la possibilité de rédiger une déclaration visée au paragraphe 722(1).

Ajournement

(2) Le tribunal peut, de sa propre initiative ou à la demande de la victime ou du poursuivant, ajourner les procédures pour permettre à celle-ci de rédiger sa déclaration ou de présenter tout élément de preuve en conformité avec le paragraphe 722(3), s’il est convaincu que cela ne nuira pas à la bonne administration de la justice.

1999, ch. 25, art. 18(préambule).

Observations des parties

723. (1) Avant de déterminer la peine, le tribunal donne aux parties — le délinquant ou son avocat, selon le cas, et le poursuivant — la possibilité de lui présenter des observations sur tous faits pertinents liés à la détermination de la peine.

Éléments de preuve

(2) Le tribunal prend connaissance des éléments de preuve pertinents que lui présentent les parties.

Production d’éléments de preuve

(3) Le tribunal peut exiger d’office, après avoir entendu le poursuivant et le délinquant, la présentation des éléments de preuve qui pourront l’aider à déterminer la peine.

Comparution

(4) Le tribunal peut exiger, dans l’intérêt de la justice et après avoir consulté les parties, la comparution de toute personne contraignable pouvant lui fournir des renseignements utiles à la détermination de la peine.

Ouï-dire

(5) Le ouï-dire est admissible mais le tribunal peut, s’il le juge dans l’intérêt de la justice, contraindre à témoigner la personne :

a) qui a eu une connaissance directe d’un fait;

b) qui est normalement disponible pour comparaître;

c) qui est contraignable.

L.R. (1985), ch. C-46, art. 723; 1995, ch. 22, art. 6.

Acceptation des faits

724. (1) Le tribunal peut, pour déterminer la peine, considérer comme prouvés les renseignements qui sont portés à sa connaissance lors du procès ou dans le cadre des procédures de détermination de la peine et les faits sur lesquels le poursuivant et le délinquant s’entendent.

Jury

(2) Le tribunal composé d’un juge et d’un jury :

a) considère comme prouvés tous les faits, exprès ou implicites, essentiels au verdict de culpabilité qu’a rendu le jury;

b) à l’égard des autres faits pertinents qui ont été révélés lors du procès, peut les accepter comme prouvés ou permettre aux parties d’en faire la preuve.

Faits contestés

(3) Les règles suivantes s’appliquent lorsqu’un fait pertinent est contesté :

a) sauf s’il est convaincu que des éléments de preuve suffisants ont été présentés lors du procès, le tribunal exige que le fait soit établi en preuve;

b) la partie qui a l’intention de se fonder sur le fait pertinent, notamment si celui-ci figure au rapport présentenciel, a la charge de l’établir en preuve;

c) chaque partie est autorisée à contre-interroger les témoins convoqués par l’autre partie;

d) sous réserve de l’alinéa e), le tribunal doit être convaincu, par une preuve prépondérante, de l’existence du fait contesté sur lequel il se fonde pour déterminer la peine;

e) le poursuivant est tenu de prouver hors de tout doute raisonnable tout fait aggravant ou toute condamnation antérieure du délinquant.

L.R. (1985), ch. C-46, art. 724; 1995, ch. 22, art. 6.

Autres infractions

725. (1) Pour la détermination de la peine, le tribunal :

a) est tenu, s’il est possible et opportun de le faire, de prendre en considération toutes les infractions dont le délinquant a été déclaré coupable par le même tribunal et de déterminer la peine à infliger pour chacune;

b) est tenu, si le procureur général et le délinquant y consentent, de prendre en considération toutes autres accusations, relevant de sa compétence, portées contre le délinquant à l’égard desquelles celui-ci consent à plaider coupable et plaide coupable et de déterminer la peine à infliger pour chacune, à l’exception de celle qui, à son avis, devrait, pour l’intérêt public, faire l’objet d’une nouvelle poursuite;

b.1) est tenu de prendre en considération chacune des autres accusations portées contre le délinquant — à l’exception de celle qui, à son avis, devrait, pour l’intérêt public, faire l’objet d’une nouvelle poursuite — si les conditions suivantes sont remplies :

(i) le procureur général et le délinquant y consentent,

(ii) l’accusation relève de sa compétence,

(iii) la procédure s’est déroulée dans le cadre d’une audience publique,

(iv) le délinquant reconnaît la véracité des faits en cause,

(v) le délinquant reconnaît avoir commis l’infraction en cause;

c) peut prendre en considération les faits liés à la perpétration de l’infraction sur lesquels pourrait être fondée une accusation distincte.

Consentement du procureur général

(1.1) Pour l’application des alinéas (1)b) et b.1), le procureur général ne peut donner son consentement qu’après avoir tenu compte de l’intérêt public.

Aucune autre poursuite

(2) Sont notés sur la dénonciation ou l’acte d’accusation :

a) les accusations prises en considération au titre de l’alinéa (1)b.1);

b) les faits pris en considération au titre de l’alinéa (1)c).

Aucune autre poursuite ne peut être prise relativement à une infraction mentionnée dans ces accusations ou fondée sur ces faits, sauf si la déclaration de culpabilité pour laquelle la peine est infligée est écartée ou annulée en appel.

L.R. (1985), ch. C-46, art. 725; L.R. (1985), ch. 27 (1er suppl.), art. 158, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 6; 1999, ch. 5, art. 31.

Observations du délinquant

726. Avant de déterminer la peine, le tribunal donne au délinquant, s’il est présent, la possibilité de lui présenter ses observations.

L.R. (1985), ch. C-46, art. 726; L.R. (1985), ch. 27 (1er suppl.), art. 159, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 6.

Renseignements pertinents

726.1 Pour déterminer la peine, le tribunal prend en considération les éléments d’information pertinents dont il dispose, notamment les observations et les arguments du poursuivant et du délinquant ou de leur représentant.

1995, ch. 22, art. 6.

Motifs

726.2 Lors du prononcé de la peine, le tribunal donne ses motifs et énonce les modalités de la peine; les motifs et les modalités sont consignés au dossier de la poursuite.

1995, ch. 22, art. 6.

Condamnations antérieures

727. (1) Sous réserve des paragraphes (3) et (4), lorsque le délinquant est déclaré coupable d’une infraction pour laquelle une peine plus sévère peut être infligée du fait de condamnations antérieures, aucune peine plus sévère ne peut lui être infligée de ce fait à moins que le poursuivant ne convainque le tribunal que le délinquant, avant d’enregistrer son plaidoyer, a reçu avis qu’une peine plus sévère serait demandée de ce fait.

Procédure

(2) Lorsque le délinquant est déclaré coupable d’une infraction pour laquelle une peine plus sévère peut être infligée en raison de condamnations antérieures, le tribunal, à la demande du poursuivant et lorsqu’il est convaincu que le délinquant a reçu l’avis prévu au paragraphe (1), demande à ce dernier s’il a été condamné antérieurement et, s’il n’admet pas avoir été condamné antérieurement, la preuve de ces condamnations antérieures peut être présentée.

Auditions ex parte

(3) La cour des poursuites sommaires qui tient un procès en conformité avec le paragraphe 803(2) et qui déclare le délinquant coupable peut faire des enquêtes et entendre des témoignages au sujet des condamnations antérieures, que le délinquant ait ou non reçu avis qu’une peine plus sévère serait demandée de ce fait et, dans le cas où une telle condamnation est prouvée, elle peut infliger une peine plus sévère de ce fait.

Cas d’une organisation

(4) Lorsque, en conformité avec l’article 623, le tribunal procède à l’instruction des accusations portées contre une organisation qui n’a pas comparu ni inscrit de plaidoyer, il peut, même sans préavis, mais après avoir fait enquête à cet égard, infliger une peine plus sévère à l’accusée en raison de ses condamnations antérieures.

Exception

(5) Le présent article ne s’applique pas à une personne visée à l’alinéa 745b).

L.R. (1985), ch. C-46, art. 727; L.R. (1985), ch. 27 (1er suppl.), art. 160; 1995, ch. 22, art. 6; 2003, ch. 21, art. 16.

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Peine justifiée par un chef d’accusation

728. Lorsqu’une seule peine est prononcée à la suite d’un verdict de culpabilité sur deux ou plusieurs chefs contenus dans un acte d’accusation, elle est valable si l’un des chefs l’eût justifiée.

L.R. (1985), ch. C-46, art. 728; 1995, ch. 22, art. 6.

Preuve du certificat de l’analyste

729. (1) Dans les poursuites pour manquement à une ordonnance de probation ou à l’audience tenue pour statuer sur le manquement à une ordonnance de sursis — ordonnances intimant au délinquant de ne pas consommer de drogues ou de ne pas en

avoir en sa possession — , le certificat, censé signé par l’analyste, déclarant qu’il a analysé ou examiné telle substance et donnant ses résultats est admissible en preuve et, sauf preuve contraire, fait foi de son contenu sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Définition de « analyste »

(2) Dans le présent article, « analyste » s’entend au sens de la Loi réglementant certaines drogues et autres substances.

Préavis

(3) Le certificat n’est recevable en preuve que si la partie qui entend le produire donne à la partie adverse, dans un délai raisonnable avant le procès ou l’audience, selon le cas, un préavis de son intention de produire le certificat et une copie de celui-ci.

(4) et (5) [Abrogés, 2008, ch. 18, art. 36]

Présence de l’analyste

(6) La partie contre laquelle est produit le certificat peut, avec l’autorisation du tribunal, exiger la comparution de l’analyste pour le contre-interroger.

L.R. (1985), ch. C-46, art. 729; 1995, ch. 22, art. 6; 1999, ch. 31, art. 69; 2004, ch. 12, art. 11(A); 2008, ch. 18, art. 36.

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Absolutions inconditionnelles et sous conditions Absolutions inconditionnelles et sous conditions

730. (1) Le tribunal devant lequel comparaît l’accusé, autre qu’une organisation, qui plaide coupable ou est reconnu coupable d’une infraction pour laquelle la loi ne prescrit pas de peine minimale ou qui n’est pas punissable d’un emprisonnement de quatorze ans ou de l’emprisonnement à perpétuité peut, s’il considère qu’il y va de l’intérêt véritable de l’accusé sans nuire à l’intérêt public, au lieu de le condamner, prescrire par ordonnance qu’il soit absous inconditionnellement ou aux conditions prévues dans l’ordonnance rendue aux termes du paragraphe 731(2).

Effet de la sommation, de la citation à comparaître, etc.

(2) Sous réserve de la partie XVI, lorsque l’accusé qui n’a pas été mis sous garde ou qui a été mis en liberté aux termes ou en vertu de la partie XVI plaide coupable ou est reconnu coupable d’une infraction mais n’est pas condamné, la sommation ou citation à comparaître à lui délivrée, la promesse de comparaître ou promesse remise par lui ou

l’engagement contracté par lui demeure en vigueur, sous réserve de ses dispositions, jusqu’à ce qu’une décision soit rendue à son égard en vertu du paragraphe (1) à moins que, au moment où il plaide coupable ou est reconnu coupable, le tribunal, le juge ou le juge de paix n’ordonne qu’il soit mis sous garde en attendant cette décision.

Conséquence de l’absolution

(3) Le délinquant qui est absous en conformité avec le paragraphe (1) est réputé ne pas avoir été condamné à l’égard de l’infraction; toutefois, les règles suivantes s’appliquent :

a) le délinquant peut interjeter appel du verdict de culpabilité comme s’il s’agissait d’une condamnation à l’égard de l’infraction à laquelle se rapporte l’absolution;

b) le procureur général ou, dans le cas de poursuites sommaires, le dénonciateur ou son mandataire peut interjeter appel de la décision du tribunal de ne pas condamner le délinquant à l’égard de l’infraction à laquelle se rapporte l’absolution comme s’il s’agissait d’un jugement ou d’un verdict d’acquittement de l’infraction ou d’un rejet de l’accusation portée contre lui;

c) le délinquant peut plaider autrefois convict relativement à toute inculpation subséquente relative à l’infraction.

Déclaration de culpabilité d’une personne soumise à une ordonnance de probation

(4) Lorsque le délinquant soumis aux conditions d’une ordonnance de probation rendue à une époque où son absolution a été ordonnée en vertu du présent article est déclaré coupable d’une infraction, y compris une infraction visée à l’article 733.1, le tribunal qui a rendu l’ordonnance de probation peut, en plus ou au lieu d’exercer le pouvoir que lui confère le paragraphe 732.2(5), à tout moment où il peut prendre une mesure en vertu de ce paragraphe, annuler l’absolution, déclarer le délinquant coupable de l’infraction à laquelle se rapporte l’absolution et infliger toute peine qui aurait pu être infligée s’il avait été déclaré coupable au moment de son absolution; il ne peut être interjeté appel d’une déclaration de culpabilité prononcée en vertu du présent paragraphe lorsqu’il a été fait appel de l’ordonnance prescrivant que le délinquant soit absous.

L.R. (1985), ch. C-46, art. 730; 1995, ch. 22, art. 6; 1997, ch. 18, art. 141; 2003, ch. 21, art. 17.

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Probation Prononcé de l’ordonnance de probation

731. (1) Lorsqu’une personne est déclarée coupable d’une infraction, le tribunal peut, vu l’âge et la réputation du délinquant, la nature de l’infraction et les circonstances dans lesquelles elle a été commise :

a) dans le cas d’une infraction autre qu’une infraction pour laquelle une peine minimale est prévue par la loi, surseoir au prononcé de la peine et ordonner que le délinquant soit libéré selon les conditions prévues dans une ordonnance de probation;

b) en plus d’infliger une amende au délinquant ou de le condamner à un emprisonnement maximal de deux ans, ordonner que le délinquant se conforme aux conditions prévues dans une ordonnance de probation.

Cas d’absolution

(2) Le tribunal peut aussi rendre une ordonnance de probation qui s’applique à l’accusé absous aux termes du paragraphe 730(1).

(3.1) [Abrogé, 1997, ch. 17, art. 1]

L.R. (1985), ch. C-46, art. 731; 1992, ch. 1, art. 58, ch. 20, art. 200; 1995, ch. 22, art. 6; 1997, ch. 17, art. 1.

Armes à feu

731.1 (1) Avant de rendre une ordonnance de probation, le tribunal vérifie l’applicabilité des articles 109 ou 110.

Application des articles 109 ou 110

(2) Il est entendu que l’adjonction de la condition visée à l’alinéa 732.1(3)d) à une ordonnance de probation ne porte pas atteinte à l’application des articles 109 ou 110.

1992, ch. 20, art. 201; 1995, ch. 22, art. 6; 2002, ch. 13, art. 73.

Peines discontinues

732. (1) Le tribunal qui déclare le délinquant coupable d’une infraction et le condamne à un emprisonnement maximal de quatre-vingt-dix jours pour défaut de paiement d’une amende ou pour un autre motif, peut, compte tenu de l’âge et de la réputation du délinquant, de la nature de l’infraction, des circonstances dans lesquelles elle a été commise et de la disponibilité d’un établissement adéquat pour purger la peine, ordonner :

a) que la peine soit purgée de façon discontinue aux moments prévus par l’ordonnance;

b) au délinquant de se conformer aux conditions prévues par l’ordonnance pendant toute période où il purge sa peine hors de la prison et de s’y conformer dès sa sortie de prison.

Demande de l’accusé

(2) À la condition d’en informer au préalable le poursuivant, le délinquant qui purge une peine à exécution discontinue peut demander au tribunal qui a infligé la peine de lui permettre de la purger de façon continue.

Modification de la peine discontinue

(3) Lorsque le tribunal inflige une peine d’emprisonnement au délinquant purgeant déjà une peine discontinue pour une autre infraction, la partie non purgée de cette peine est, sous réserve d’une ordonnance du tribunal au contraire, purgée de façon continue.

L.R. (1985), ch. C-46, art. 732; 1995, ch. 22, art. 6.

Définitions

732.1 (1) Les définitions qui suivent s’appliquent au présent article et à l’article 732.2.

« conditions facultatives »

“optional conditions”

« conditions facultatives » Les conditions prévues aux paragraphes (3) et (3.1).

« modification »

“change”

« modification » Comprend, en ce qui concerne les conditions facultatives, les suppressions et les adjonctions.

Conditions obligatoires

(2) Le tribunal assortit l’ordonnance de probation des conditions suivantes, intimant au délinquant :

a) de ne pas troubler l’ordre public et d’avoir une bonne conduite;

b) de répondre aux convocations du tribunal;

c) de prévenir le tribunal ou l’agent de probation de ses changements d’adresse ou de nom et de les aviser rapidement de ses changements d’emploi ou d’occupation.

Conditions facultatives

(3) Le tribunal peut assortir l’ordonnance de probation de l’une ou de plusieurs des conditions suivantes, intimant au délinquant :

a) de se présenter à l’agent de probation :

(i) dans les deux jours ouvrables suivant l’ordonnance, ou dans le délai plus long fixé par le tribunal,

(ii) par la suite, selon les modalités de temps et de forme fixées par l’agent de probation;

b) de rester dans le ressort du tribunal, sauf permission écrite d’en sortir donnée par le tribunal ou par l’agent de probation;

c) de s’abstenir de consommer :

(i) de l’alcool ou d’autres substances toxiques,

(ii) des drogues, sauf sur ordonnance médicale;

d) de s’abstenir d’être propriétaire, possesseur ou porteur d’une arme;

e) de prendre soin des personnes à sa charge et de subvenir à leurs besoins;

f) d’accomplir au plus deux cent quarante heures de service communautaire au cours d’une période maximale de dix-huit mois;

g) si le délinquant y consent et le directeur du programme l’accepte, de participer activement à un programme de traitement approuvé par la province;

g.1) si le lieutenant-gouverneur en conseil de la province où doit être rendue l’ordonnance de probation a institué un programme de traitement curatif pour abus d’alcool ou de drogue, de subir, à l’établissement de traitement désigné par celui-ci, l’évaluation et la cure de désintoxication pour abus d’alcool ou de drogue qui sont recommandées dans le cadre de ce programme;

g.2) si le lieutenant-gouverneur en conseil de la province où est rendue l’ordonnance de probation a institué un programme visant l’utilisation par le délinquant d’un antidémarreur avec éthylomètre et s’il accepte de participer au programme, de se conformer aux modalités du programme;

h) d’observer telles autres conditions raisonnables que le tribunal considère souhaitables, sous réserve des règlements d’application du paragraphe 738(2), pour assurer la protection de la société et faciliter la réinsertion sociale du délinquant.

Conditions facultatives — organisations

(3.1) Le tribunal peut assortir l’ordonnance de probation visant une organisation de l’une ou de plusieurs des conditions ci-après, intimant à celle-ci :

a) de dédommager toute personne de la perte ou des dommages qu’elle a subis du fait de la perpétration de l’infraction;

b) d’élaborer des normes, règles ou lignes directrices en vue de réduire la probabilité qu’elle commette d’autres infractions;

c) de communiquer la teneur de ces normes, règles et lignes directrices à ses agents;

d) de lui rendre compte de l’application de ces normes, règles et lignes directrices;

e) de désigner celui de ses cadres supérieurs qui veillera à l’observation de ces normes, règles et lignes directrices;

f) d’informer le public, selon les modalités qu’il précise, de la nature de l’infraction dont elle a été déclarée coupable, de la peine infligée et des mesures — notamment l’élaboration des normes, règles ou lignes directrices — prises pour réduire la probabilité qu’elle commette d’autres infractions;

g) d’observer telles autres conditions raisonnables qu’il estime indiquées pour empêcher l’organisation de commettre d’autres infractions ou réparer le dommage causé par l’infraction.

Organismes de réglementation

(3.2) Avant d’imposer la condition visée à l’alinéa (3.1)b), le tribunal doit prendre en considération la question de savoir si un organisme administratif serait mieux à même de superviser l’élaboration et l’application des normes, règles et lignes directrices mentionnées à cet alinéa.

Forme et période de validité de l’ordonnance

(4) L’ordonnance de probation peut être rédigée selon la formule 46 et le tribunal qui rend l’ordonnance y précise la durée de son application.

Obligations du tribunal

(5) Le tribunal qui rend l’ordonnance de probation :

a) en fait remettre une copie au délinquant;

b) lui explique les conditions imposées au titre des paragraphes (2) à (3.1) et le contenu de l’article 733.1;

c) veille à ce que les modalités de présentation de la demande de modification des conditions facultatives prévue au paragraphe 732.2(3) et le contenu des paragraphes 732.2(3) et (5) lui soient expliqués;

d) prend les mesures voulues pour s’assurer qu’il comprend l’ordonnance elle-même et les explications qui lui sont fournies.

Validité de l’ordonnance

(6) Il est entendu que la non-observation du paragraphe (5) ne porte pas atteinte à la validité de l’ordonnance.

1995, ch. 22, art. 6; 1999, ch. 32, art. 6(préambule); 2003, ch. 21, art. 18; 2008, ch. 18, art. 37.

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Entrée en vigueur de l’ordonnance

732.2 (1) L’ordonnance de probation entre en vigueur :

a) à la date à laquelle elle est rendue;

b) dans le cas où le délinquant est condamné à l’emprisonnement en vertu de l’alinéa 731(1)b), ou a été condamné antérieurement à l’emprisonnement pour une autre infraction, dès sa sortie de prison, ou, s’il est libéré sous condition, à la fin de sa période d’emprisonnement;

c) lorsque le délinquant a été condamné avec sursis, à la fin de la période de sursis.

Durée de l’ordonnance et limite de sa validité

(2) Sous réserve du paragraphe (5) :

a) lorsque le délinquant soumis à une ordonnance de probation est déclaré coupable d’une infraction, y compris une infraction visée à l’article 733.1, ou est emprisonné aux termes de l’alinéa 731(1)b) pour défaut de paiement d’une amende, l’ordonnance reste en vigueur, sauf dans la mesure où la peine met temporairement le délinquant dans l’impossibilité de se conformer à l’ordonnance;

b) la durée d’application maximale d’une ordonnance de probation est de trois ans.

Modification de l’ordonnance

(3) Le tribunal qui a rendu une ordonnance de probation peut, à tout moment, sur demande du délinquant, de l’agent de probation ou du poursuivant, ordonner au délinquant de comparaître devant lui et, après audition du délinquant d’une part et du poursuivant et de l’agent de probation, ou de l’un de ceux-ci, d’autre part :

a) apporter aux conditions facultatives de l’ordonnance les modifications qu’il estime justifiées eu égard aux modifications des circonstances survenues depuis qu’elle a été rendue;

b) relever le délinquant, soit complètement, soit selon les modalités ou pour la période qu’il estime souhaitables, de l’obligation d’observer une condition facultative;

c) abréger la durée d’application de l’ordonnance.

Dès lors, le tribunal vise l’ordonnance de probation en conséquence et, s’il modifie les conditions facultatives, il en informe le délinquant et lui remet une copie de l’ordonnance ainsi visée.

Juge en chambre

(4) Les attributions conférées au tribunal par le paragraphe (3) peuvent être exercées par le juge en chambre.

Cas de perpétration d’une infraction

(5) Lorsque le délinquant soumis à une ordonnance de probation est déclaré coupable d’une infraction, y compris une infraction visée à l’article 733.1, et que, selon le cas :

a) le délai durant lequel un appel de cette déclaration de culpabilité peut être interjeté est expiré ou le délinquant n’a pas interjeté appel,

b) il a interjeté appel de cette déclaration de culpabilité et l’appel a été rejeté,

c) il a donné avis écrit au tribunal qui l’a déclaré coupable qu’il a choisi de ne pas interjeter appel de cette déclaration de culpabilité ou d’abandonner son appel, selon le cas,

en sus de toute peine qui peut être infligée pour cette infraction, le tribunal qui a rendu l’ordonnance de probation peut, à la demande du poursuivant, ordonner au délinquant de comparaître devant lui et, après audition du poursuivant et du délinquant :

d) lorsque l’ordonnance de probation a été rendue aux termes de l’alinéa 731(1)a), révoquer l’ordonnance et infliger toute peine qui aurait pu être infligée si le prononcé de la peine n’avait pas été suspendu;

e) apporter aux conditions facultatives les modifications qu’il estime souhaitables ou prolonger la durée d’application de l’ordonnance pour la période, d’au plus un an, qu’il estime souhaitable.

Dès lors, le tribunal vise l’ordonnance de probation en conséquence et, s’il modifie les conditions facultatives de l’ordonnance ou en prolonge la durée d’application, il en informe le délinquant et lui remet une copie de l’ordonnance ainsi visée.

Comparution forcée de la personne soumise à l’ordonnance

(6) Les dispositions des parties XVI et XVIII relatives à la comparution forcée d’un accusé devant un juge de paix s’appliquent, avec les adaptations nécessaires, aux procédures prévues aux paragraphes (3) et (5).

1995, ch. 22, art. 6; 2004, ch. 12, art. 12(A).

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Transfert d’une ordonnance

733. (1) Lorsque le délinquant soumis à une ordonnance de probation devient résident d’une circonscription territoriale autre que celle où l’ordonnance a été rendue, ou y est déclaré coupable ou absous en vertu de l’article 730 d’une infraction, y compris une infraction visée à l’article 733.1, le tribunal qui a rendu l’ordonnance peut, sous réserve du paragraphe (1.1), à la demande de l’agent de probation transférer l’ordonnance à un tribunal de cette autre circonscription territoriale qui aurait, étant donné la forme du procès du délinquant, eu compétence pour rendre l’ordonnance dans cette autre circonscription territoriale si le délinquant y avait subi son procès et y avait été déclaré coupable de l’infraction au sujet de laquelle l’ordonnance a été rendue; le tribunal auquel l’ordonnance a été transférée peut, dès lors, statuer sur l’ordonnance et l’appliquer à tous égards comme s’il l’avait rendue.

Consentement du procureur général

(1.1) L’ordonnance ne peut être transférée :

a) qu’avec le consentement du procureur général de la province où elle a été rendue, si les deux circonscriptions territoriales ne sont pas situées dans la même province;

b) qu’avec le consentement du procureur général du Canada, si les procédures à l’origine de l’ordonnance ont été engagées par celui-ci ou en son nom.

Incapacité d’agir du tribunal

(2) Lorsque le tribunal qui a rendu une ordonnance de probation ou à qui une ordonnance de probation a été transférée en vertu du paragraphe (1) est pour quelque raison dans

l’incapacité d’agir, les pouvoirs de ce tribunal concernant cette ordonnance peuvent être exercés par tout autre tribunal ayant une compétence équivalente dans la même province.

L.R. (1985), ch. C-46, art. 733; L.R. (1985), ch. 24 (2e suppl.), art. 46; 1995, ch. 22, art. 6; 1999, ch. 5, art. 32.

Défaut de se conformer à une ordonnance

733.1 (1) Le délinquant qui, sans excuse raisonnable, omet ou refuse de se conformer à l’ordonnance de probation à laquelle il est soumis est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire et passible d’un emprisonnement maximal de dix-huit mois et d’une amende maximale de deux mille dollars, ou de l’une de ces peines.

Tribunal compétent

(2) Le délinquant qui est inculpé d’une infraction aux termes du paragraphe (1) peut être jugé et condamné par tout tribunal compétent au lieu où l’infraction est présumée avoir été commise, ou au lieu où il est trouvé, est arrêté ou est sous garde, mais si ce dernier lieu est situé à l’extérieur de la province où l’infraction est présumée avoir été commise, aucune poursuite concernant cette infraction ne peut être engagée en ce lieu sans le consentement du procureur général de la province.

1995, ch. 22, art. 6.

Amendes et confiscations Imposition des amendes

734. (1) Sous réserve du paragraphe (2), le tribunal qui déclare une personne, autre qu’une organisation, coupable d’une infraction peut :

a) si celle-ci n’est pas punissable d’une période minimale d’emprisonnement, lui infliger une amende par ordonnance rendue en vertu de l’article 734.1, en sus ou au lieu de toute autre peine qu’il peut infliger;

b) si elle est punissable d’une période minimale d’emprisonnement, lui infliger une amende par ordonnance rendue en vertu de l’article 734.1, en sus de toute autre peine qu’il peut infliger.

Capacité de payer

(2) Sauf dans le cas d’une amende minimale ou de celle pouvant être infligée au lieu d’une ordonnance de confiscation, le tribunal ne peut infliger l’amende prévue au présent article que s’il est convaincu que le délinquant a la capacité de la payer ou de s’en acquitter en application de l’article 736.

Défaut de paiement

(3) Pour l’application du présent article et des articles 734.1 à 737, est en défaut de paiement d’une amende la personne qui ne s’en est pas acquittée intégralement à la date prévue par l’ordonnance rendue en vertu de l’article 734.1.

Emprisonnement pour défaut de paiement

(4) Est réputée infligée, pour défaut de paiement intégral de l’amende infligée aux termes du présent article, la période d’emprisonnement déterminée conformément au paragraphe (5).

Durée de l’emprisonnement

(5) La période d’emprisonnement visée au paragraphe (4) est celle prévue à l’alinéa a) ou celle prévue à l’alinéa b), la plus courte étant à retenir :

a) le nombre de jours qui correspond à la fraction — arrondie à l’unité inférieure — dont :

(i) le numérateur est la somme du montant impayé de l’amende et des frais et dépens de l’envoi et de la conduite en prison de la personne en défaut de paiement d’une amende calculés conformément aux règlements pris en vertu du paragraphe (7),

(ii) le dénominateur est égal à huit fois le taux horaire du salaire minimum en vigueur, à l’époque du défaut, dans la province où l’amende a été infligée;

b) la période d’emprisonnement maximale que le tribunal peut infliger ou, si aucune peine d’emprisonnement n’est prévue, cinq ans, dans le cas d’un acte criminel, ou six mois, dans le cas d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Somme trouvée sur le délinquant

(6) Le tribunal peut ordonner que toute somme d’argent trouvée en la possession du délinquant au moment de son arrestation soit, en tout ou en partie, affectée au versement des sommes d’argent payables en application du présent article, s’il est convaincu que personne d’autre que le délinquant n’en réclame la propriété ou la possession.

Règlements provinciaux

(7) Le lieutenant-gouverneur en conseil d’une province peut prendre des règlements concernant le calcul des frais et dépens visés au sous-alinéa (5)a)(i) et à l’alinéa 734.8(1)b).

Application à d’autres lois

(8) Le présent article et les articles 734.1 à 734.8 et 736 s’appliquent à toute amende imposée sous le régime d’une loi fédérale. Toutefois, les paragraphes (4) et (5) ne s’appliquent pas si le texte en cause prévoit relativement à la peine d’emprisonnement en cas de défaut de paiement de l’amende :

a) soit d’autres modalités de calcul;

b) soit une peine d’emprisonnement minimale ou maximale.

L.R. (1985), ch. C-46, art. 734; L.R. (1985), ch. 27 (1er suppl.), art. 161; 1995, ch. 22, art. 6; 1999, ch. 5, art. 33; 2003, ch. 21, art. 19; 2008, ch. 18, art. 38.

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Contenu de l’ordonnance

734.1 Le tribunal qui inflige l’amende prévue à l’article 734 rend une ordonnance établissant clairement, en ce qui concerne l’amende :

a) le montant;

b) les modalités du paiement;

c) l’échéance du paiement;

d) les autres conditions du paiement que le tribunal estime indiquées.

1995, ch. 22, art. 6.

Obligations du tribunal

734.2 (1) Le tribunal qui rend l’ordonnance prévue à l’article 734.1 :

a) en fait remettre une copie au délinquant;

b) lui explique le contenu des articles 734 à 734.8 et 736;

c) veille à ce que les modalités de présentation de la demande de modification des conditions facultatives prévue à l’article 734.3 lui soient expliquées de même que tout programme existant visé à l’article 736 et les modalités d’admission à celui-ci;

d) prend les mesures voulues pour s’assurer qu’il comprend l’ordonnance elle-même et les explications qui lui sont fournies.

Validité de l’ordonnance

(2) Il est entendu que la non-observation du paragraphe (1) ne porte pas atteinte à la validité de l’ordonnance.

1995, ch. 22, art. 6; 2008, ch. 18, art. 39.

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Modification des conditions de l’ordonnance

734.3 Le tribunal qui rend l’ordonnance prévue à l’article 734.1 ou la personne désignée — par son nom ou par son titre — par celui-ci peut, sur demande présentée par le délinquant ou pour son compte, sous réserve des règles établies par le tribunal aux termes des articles 482 ou 482.1, modifier une condition de l’ordonnance autre que le montant de l’amende, et la mention d’une ordonnance au présent article et aux articles 734, 734.1, 734.2 et 734.6 vaut mention de l’ordonnance modifiée aux termes du présent article.

1995, ch. 22, art. 6; 2002, ch. 13, art. 74.

Attribution du produit au Trésor provincial

734.4 (1) Lorsqu’une amende ou une confiscation est infligée ou qu’un engagement est confisqué et qu’aucune disposition autre que le présent article n’est prévue par la loi pour l’application de son produit, celui-ci est attribué à Sa Majesté du chef de la province où l’amende ou la confiscation a été infligée ou l’engagement confisqué et est versé par la personne qui le reçoit au Trésor de cette province.

Attribution du produit au receveur général

(2) Le produit d’une amende, d’une confiscation ou d’un engagement est attribué à Sa Majesté du chef du Canada et est versé au receveur général par la personne qui le reçoit lorsque :

a) l’amende ou la confiscation est infligée :

(i) soit pour violation d’une loi fiscale fédérale,

(ii) soit pour abus de fonction ou prévarication de la part d’un fonctionnaire ou d’un employé du gouvernement du Canada,

(iii) soit à l’égard de toute poursuite intentée sur l’instance du gouvernement du Canada et dans laquelle ce gouvernement supporte les frais de la poursuite;

b) l’engagement relatif à des poursuites visées à l’alinéa a) est confisqué.

Attribution du produit à une autorité locale

(3) Lorsqu’une autorité provinciale, municipale ou locale supporte en tout ou en partie les frais d’application de la loi qui prévoit une amende ou une confiscation ou la confiscation d’un engagement dans le cadre d’une poursuite :

a) le lieutenant-gouverneur en conseil de la province peut ordonner que le produit de l’amende, de la confiscation ou de l’engagement attribué à Sa Majesté du chef de la province soit versé à cette autorité;

b) le gouverneur en conseil peut ordonner que le produit de l’amende, de la confiscation ou de l’engagement attribué à Sa Majesté du chef du Canada soit versé à cette autorité.

1995, ch. 22, art. 6.

Licences, permis, etc.

734.5 Lorsque le délinquant est en défaut de paiement d’une amende :

a) dans le cas où le produit de l’amende est attribué à Sa Majesté du chef d’une province en application du paragraphe 734.4(1), la personne responsable, sous le régime d’une loi de la province, de la délivrance, du renouvellement ou de la suspension d’un document — licence ou permis — en ce qui concerne le délinquant peut refuser de délivrer ou de renouveler tel document ou peut le suspendre jusqu’au paiement intégral de l’amende, dont la preuve incombe au délinquant;

b) dans le cas où le produit de l’amende est attribué à Sa Majesté du chef du Canada en application du paragraphe 734.4(2), la personne responsable, sous le régime d’une loi fédérale, de la délivrance ou du renouvellement d’un document — licence ou permis — en ce qui concerne le délinquant peut refuser de délivrer ou de renouveler tel document ou peut le suspendre jusqu’au paiement intégral de l’amende, dont la preuve incombe au délinquant.

1995, ch. 22, art. 6; 1999, ch. 5, art. 34.

Exécution civile

734.6 (1) Lorsque le délinquant est en défaut de paiement d’une amende ou lorsqu’une confiscation est imposée par la loi, le procureur général de la province ou le procureur général du Canada, selon l’autorité à laquelle le produit de l’amende ou de la confiscation est attribué, peut, en plus des autres recours prévus par la loi, par le dépôt du jugement infligeant l’amende ou de l’ordonnance de confiscation, faire inscrire ce produit, ainsi que les frais éventuels, au tribunal civil compétent.

Conséquences du dépôt de l’ordonnance

(2) L’inscription vaut jugement exécutoire contre le délinquant comme s’il s’agissait d’un jugement rendu contre lui, devant ce tribunal, au terme d’une action civile au profit du procureur général de la province ou du procureur général du Canada, selon le cas.

1995, ch. 22, art. 6.

Mandat d’incarcération

734.7 (1) Lorsqu’un délai de paiement a été accordé, l’émission d’un mandat d’incarcération par le tribunal à défaut du paiement de l’amende est subordonné aux conditions suivantes :

a) le délai accordé pour le paiement intégral de l’amende est expiré;

b) le tribunal est convaincu que l’application des articles 734.5 et 734.6 n’est pas justifiée dans les circonstances ou que le délinquant a, sans excuse raisonnable, refusé de payer l’amende ou de s’en acquitter en application de l’article 736.

Motifs d’incarcération

(2) Si aucun délai de paiement n’a été accordé et qu’un mandat ordonnant l’incarcération du délinquant à défaut du paiement de l’amende est délivré, le tribunal énonce dans le mandat le motif de l’incarcération immédiate.

Période d’emprisonnement

(2.1) Le mandat d’incarcération délivré au titre des paragraphes (1) ou (2) précise la période d’emprisonnement en cas de défaut de paiement de l’amende.

Comparution forcée de la personne soumise à l’ordonnance

(3) Les dispositions des parties XVI et XVIII relatives à la comparution forcée d’un accusé devant un juge de paix s’appliquent, avec les adaptations nécessaires, aux procédures prévues à l’alinéa (1)b).

Effet de l’emprisonnement

(4) L’emprisonnement du délinquant pour défaut de paiement d’une amende met fin à l’application des articles 734.5 et 734.6 à cette amende.

1995, ch. 22, art. 6; 1999, ch. 5, art. 35.

Définition de « peine »

734.8 (1) Au présent article, « peine » s’entend de la somme des montants suivants :

a) les amendes;

b) les frais et dépens de l’envoi et de la conduite en prison de la personne en défaut de paiement d’une amende calculés conformément aux règlements d’application du paragraphe 734(7).

Réduction de l’emprisonnement en cas de paiement partiel

(2) L’emprisonnement infligé pour défaut de paiement d’une amende est réduit, sur paiement d’une partie de la peine, que le paiement ait été fait avant ou après l’exécution du mandat d’incarcération, du nombre de jours ayant le même rapport avec la durée de l’emprisonnement qu’entre le paiement partiel et la peine globale.

Paiement minimal

(3) Aucune somme offerte en paiement partiel d’une peine ne peut être acceptée après l’exécution du mandat d’incarcération, à moins qu’elle ne soit suffisante pour assurer une réduction de peine d’un nombre entier de jours et que les frais afférents au mandat ou à son exécution n’aient été acquittés.

Destinataire du paiement

(4) Le paiement prévu au présent article peut être effectué à la personne que désigne le procureur général ou, si le délinquant est détenu en prison, à la personne qui en a la garde légale ou à celle que désigne le procureur général.

Affectation de la somme versée

(5) Le paiement prévu au présent article est d’abord affecté au paiement intégral des frais et dépens, ensuite au paiement intégral de la suramende compensatoire infligée en vertu de l’article 737 et enfin au paiement de toute partie de l’amende demeurant non acquittée.

1995, ch. 22, art. 6; 1999, ch. 5, art. 36, ch. 25, art. 19(préambule).

Amendes infligées aux organisations

735. (1) Sauf disposition contraire de la loi, l’organisation déclarée coupable d’une infraction est passible, au lieu de toute peine d’emprisonnement prévue pour cette infraction, d’une amende :

a) dont le montant est fixé par le tribunal, si l’infraction est un acte criminel;

b) maximale de cent mille dollars, si l’infraction est punissable sur déclaration de culpabilité par procédure sommaire.

Contenu de l’ordonnance

(1.1) Le tribunal qui inflige une amende au titre du paragraphe (1) ou d’une autre loi fédérale rend une ordonnance établissant clairement, en ce qui touche l’amende :

a) le montant;

b) les modalités de paiement;

c) l’échéance de tout paiement;

d) les autres modalités de paiement que le tribunal estime indiquées.

Exécution civile

(2) L’article 734.6 s’applique, avec les adaptations nécessaires, à l’organisation qui fait défaut de payer l’amende selon les modalités de l’ordonnance.

L.R. (1985), ch. C-46, art. 735; L.R. (1985), ch. 1 (4e suppl.), art. 18(F), ch. 23 (4e suppl.), art. 7; 1995, ch. 22, art. 6; 1999, ch. 5, art. 37; 2003, ch. 21, art. 20.

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Mode facultatif de paiement d’une amende

736. (1) Le délinquant condamné au paiement d’une amende au terme de l’article 734, qu’il purge ou non une peine d’emprisonnement pour défaut de paiement de celle-ci, peut s’acquitter de l’amende en tout ou en partie par acquisition de crédits au titre de travaux réalisés, sur une période maximale de deux ans, dans le cadre d’un programme, auquel il est admissible, établi à cette fin par le lieutenant-gouverneur en conseil :

a) soit de la province où l’amende a été infligée;

b) soit de la province de résidence du délinquant, lorsque le gouvernement de celle-ci et celui de la province où la peine a été infligée ont conclu un accord en vigueur à cet effet.

Taux, crédits, etc.

(2) Le programme visé au paragraphe (1) détermine le taux auquel les crédits sont acquis et peut prévoir la manière de créditer les sommes gagnées à l’acquittement de l’amende ainsi que toute autre mesure nécessaire ou accessoire à sa réalisation.

Présomption

(3) Les crédits visés au paragraphe (1) sont, pour l’application de la présente loi, réputés constituer le paiement de l’amende.

Entente fédéro-provinciale

(4) Dans le cas où, en application du paragraphe 734.4(2), le produit d’une amende est attribué à Sa Majesté du chef du Canada, le délinquant peut s’acquitter de l’amende en tout ou en partie dans le cadre d’un programme provincial visé au paragraphe (1) lorsque le gouvernement de la province et celui du Canada ont conclu un accord en vigueur à cet effet.

L.R. (1985), ch. C-46, art. 736; L.R. (1985), ch. 27 (1er suppl.), art. 162, ch. 1 (4e suppl.), art. 18(F); 1992, ch. 1, art. 60(F); 1995, ch. 22, art. 6.

Suramende compensatoire

737. (1) Dans le cas où il est condamné — ou absous aux termes de l’article 730 — à l’égard d’une infraction prévue à la présente loi ou à la Loi réglementant certaines drogues et autres substances, le contrevenant est tenu, sous réserve du paragraphe (5), de verser une suramende compensatoire, en plus de toute autre peine qui lui est infligée.

Montant de la suramende

(2) Sous réserve du paragraphe (3), le montant de la suramende compensatoire représente :

a) quinze pour cent de l’amende infligée pour l’infraction;

b) si aucune amende n’est infligée :

(i) 50 $ pour une infraction punissable sur déclaration de culpabilité par procédure sommaire,

(ii) 100 $ pour une infraction punissable sur déclaration de culpabilité par mise en accusation.

Montant supérieur

(3) Le tribunal peut, s’il estime que les circonstances le justifient et s’il est convaincu que le contrevenant a la capacité de payer, ordonner à celui-ci de verser une suramende compensatoire supérieure à celle prévue au paragraphe (2).

Échéance de paiement

(4) La suramende compensatoire est payable à la date d’échéance du paiement de l’amende ou, dans le cas où aucune amende n’est infligée, à la date fixée, pour le paiement de telles suramendes, par le lieutenant-gouverneur en conseil de la province où la suramende est infligée.

Exception

(5) Le tribunal peut ordonner qu’aucune suramende compensatoire ne soit infligée aux termes du paragraphe (1), si le contrevenant en fait la demande et lui démontre que cela lui causerait — ou causerait aux personnes à sa charge — un préjudice injustifié.

Motifs

(6) Le tribunal qui rend l’ordonnance visée au paragraphe (5) consigne ses motifs au dossier du tribunal.

Affectation des suramendes compensatoires

(7) Les suramendes compensatoires sont affectées à l’aide aux victimes d’actes criminels en conformité avec les instructions du lieutenant-gouverneur en conseil de la province où elles sont infligées.

Avis

(8) Le tribunal fait donner au contrevenant un avis écrit établissant, en ce qui concerne la suramende compensatoire :

a) le montant;

b) les modalités du paiement;

c) l’échéance du paiement;

d) la procédure à suivre pour présenter une demande visant à modifier les conditions prévues aux alinéas b) et c) en conformité avec l’article 734.3.

Exécution

(9) Les paragraphes 734(3) à (7) et les articles 734.3, 734.5, 734.7 et 734.8 s’appliquent, avec les adaptations nécessaires, aux suramendes compensatoires infligées aux termes du paragraphe (1) et, pour l’application de ces dispositions :

a) à l’exception du paragraphe 734.8(5), la mention de « amende » vaut mention de « suramende compensatoire »;

b) l’avis donné conformément au paragraphe (8) est réputé être une ordonnance rendue par le tribunal en application de l’article 734.1.

Non-applicabilité de l’article 736

(10) Il demeure entendu que tout mode facultatif de paiement d’une amende prévu à l’article 736 n’est pas applicable à la suramende compensatoire.

L.R. (1985), ch. C-46, art. 737; 1995, ch. 22, art. 6 et 18; 1996, ch. 19, art. 75; 1999, ch. 5, art. 38, ch. 25, art. 20(préambule).

Dédommagement Dédommagement

738. (1) Lorsque le délinquant est condamné ou absous sous le régime de l’article 730, le tribunal qui inflige la peine ou prononce l’absolution peut, en plus de toute autre mesure, à la demande du procureur général ou d’office, lui ordonner :

a) dans le cas où la perte ou la destruction des biens d’une personne — ou le dommage qui leur a été causé — est imputable à la perpétration de l’infraction ou à l’arrestation ou à la tentative d’arrestation du délinquant, de verser à cette personne des dommages­ intérêts non supérieurs à la valeur de remplacement des biens à la date de l’ordonnance moins la valeur — à la date de la restitution — de la partie des biens qui a été restituée à celle-ci, si cette valeur peut être facilement déterminée;

b) dans le cas où les blessures corporelles ou les dommages psychologiques infligés à une personne sont imputables à la perpétration de l’infraction ou à l’arrestation ou à la tentative d’arrestation du délinquant, de verser à cette personne des dommages-intérêts non supérieurs à la valeur des dommages pécuniaires — notamment la perte de revenu — imputables aux blessures corporelles ou aux dommages psychologiques, si le montant peut en être facilement déterminé;

c) dans le cas où les blessures corporelles ou la menace de blessures corporelles infligées par le délinquant à une personne demeurant avec lui, notamment son époux ou conjoint de fait ou un de ses enfants, sont imputables à la perpétration de l’infraction ou à l’arrestation ou à la tentative d’arrestation du délinquant, de verser, indépendamment des versements prévus aux alinéas a) ou b), des dommages-intérêts non supérieurs aux frais d’hébergement, d’alimentation, de transport et de garde d’enfant qu’une telle personne a réellement engagés pour demeurer ailleurs provisoirement, si ces dommages peuvent être facilement déterminés;

d) dans le cas de la perpétration d’une infraction prévue aux articles 402.2 ou 403, de verser à la personne qui, du fait de l’infraction, a engagé des dépenses raisonnables liées au rétablissement de son identité — notamment pour corriger son dossier et sa cote de crédit et remplacer ses pièces d’identité — des dommages-intérêts non supérieurs à ces dépenses si ces dommages peuvent être facilement déterminés.

Règlements du lieutenant-gouverneur

(2) Le lieutenant-gouverneur en conseil d’une province peut, par règlement, interdire l’insertion, dans une ordonnance de probation ou une ordonnance de sursis, d’une condition facultative prévoyant l’exécution forcée d’une ordonnance de dédommagement.

L.R. (1985), ch. C-46, art. 738; 1995, ch. 22, art. 6; 2000, ch. 12, art. 95; 2005, ch. 43, art. 7; 2009, ch. 28, art. 11.

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Dédommagement des parties de bonne foi

739. Lorsque le délinquant est condamné ou absous sous le régime de l’article 730 et qu’il a transféré ou remis moyennant contrepartie des biens obtenus criminellement à un tiers agissant de bonne foi et ignorant l’origine criminelle des biens ou qu’il a emprunté en donnant ces biens en garantie auprès d’un créancier agissant de bonne foi et ignorant l’origine criminelle des biens, le tribunal peut, si ceux-ci ont été restitués à leur propriétaire légitime ou à la personne qui avait droit à leur possession légitime au moment de la perpétration, ordonner au délinquant de verser au tiers ou au créancier des dommages-intérêts non supérieurs à la contrepartie versée par le tiers pour le bien ou au solde du prêt.

L.R. (1985), ch. C-46, art. 739; L.R. (1985), ch. 27 (1er suppl.), art. 163, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 6.

Priorité au dédommagement

740. Le tribunal estimant que les circonstances justifient l’ordonnance de dédommagement prévue aux articles 738 ou 739 à l’égard d’un délinquant rend d’abord cette ordonnance et étudie ensuite la possibilité, compte tenu des circonstances :

a) soit de rendre une ordonnance de confiscation prévue par la présente loi ou une autre loi fédérale à l’égard des biens visés par l’ordonnance de dédommagement;

b) soit d’infliger une amende au délinquant s’il estime que celui-ci a les moyens, à la fois, de se conformer à l’ordonnance de dédommagement et de payer l’amende.

L.R. (1985), ch. C-46, art. 740; 1995, ch. 22, art. 6.

Exécution civile

741. (1) Faute par le délinquant de payer immédiatement la somme d’argent dont le paiement est ordonné en application des articles 732.1, 738, 739 ou 742.3, le destinataire de cette somme peut, par le dépôt de l’ordonnance, faire inscrire la somme d’argent au tribunal civil compétent. L’inscription vaut jugement exécutoire contre le délinquant

comme s’il s’agissait d’un jugement rendu contre lui, devant ce tribunal, au terme d’une action civile au profit du destinataire.

Somme trouvée sur le délinquant

(2) Le tribunal peut ordonner que toute somme d’argent trouvée en la possession du délinquant au moment de son arrestation soit, en tout ou en partie, affectée au versement des sommes d’argent payables en application des articles 738 ou 739, s’il est convaincu que personne d’autre que le délinquant n’en réclame la propriété ou la possession.

L.R. (1985), ch. C-46, art. 741; L.R. (1985), ch. 27 (1er suppl.), art. 164; 1995, ch. 22, art. 6; 2004, ch. 12, art. 13.

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Notification

741.1 Le tribunal qui rend une ordonnance en vertu des articles 738 ou 739 est tenu d’en faire notifier le contenu ou une copie à la personne qui en est le bénéficiaire.

L.R. (1985), ch. 24 (2e suppl.), art. 47; 1992, ch. 11, art. 14, ch. 20, art. 202; 1995, ch. 19, art. 37, ch. 22, art. 6.

Recours civil non atteint

741.2 L’ordonnance de dédommagement rendue aux termes des articles 738 ou 739 en ce qui concerne un acte ou une omission ne porte pas atteinte au recours civil fondé sur cet acte ou cette omission.

1992, ch. 20, art. 203; 1995, ch. 22, art. 6, ch. 42, art. 75.

Condamnations à l’emprisonnement avec sursis Définitions

742. Les définitions qui suivent s’appliquent aux articles 742.1 à 742.7.

« agent de surveillance »

“supervisor”

« agent de surveillance » La personne désignée par le procureur général, par son nom ou par son titre, comme agent de surveillance pour l’application des articles 742.1 à 742.7.

« conditions facultatives »

“optional conditions”

« conditions facultatives » Les conditions prévues au paragraphe 742.3(2).

« modification »

“change”

« modification » Comprend, en ce qui concerne les conditions facultatives, les suppressions et les adjonctions.

L.R. (1985), ch. C-46, art. 742; L.R. (1985), ch. 27 (1er suppl.), art. 165; 1992, ch. 11, art. 15; 1995, ch. 22, art. 6.

Octroi du sursis

742.1 S’il est convaincu que la mesure ne met pas en danger la sécurité de la collectivité et est conforme à l’objectif et aux principes énoncés aux articles 718 à 718.2, le tribunal peut ordonner à toute personne qui, d’une part, a été déclarée coupable d’une infraction autre qu’une infraction constituant des sévices graves à la personne au sens de l’article 752, qu’une infraction de terrorisme ou qu’une infraction d’organisation criminelle, chacune d’entre elles étant poursuivie par mise en accusation et passible d’une peine maximale d’emprisonnement de dix ans ou plus, ou qu’une infraction pour laquelle une peine minimale d’emprisonnement est prévue et, d’autre part, a été condamnée à un emprisonnement de moins de deux ans de purger sa peine dans la collectivité, sous réserve de l’observation des conditions qui lui sont imposées en application de l’article 742.3, afin que sa conduite puisse être surveillée.

1992, ch. 11, art. 16; 1995, ch. 19, art. 38, ch. 22, art. 6; 1997, ch. 18, art. 107.1; 2007, ch. 12, art. 1.

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Armes à feu

742.2 (1) Avant d’octroyer le sursis, le tribunal vérifie l’applicabilité des articles 109 ou 110.

Application des articles 109 ou 110

(2) Il est entendu que l’adjonction de la condition visée à l’alinéa 742.3(2)b) à une ordonnance de sursis ne porte pas atteinte à l’application des articles 109 ou 110.

1995, ch. 22, art. 6; 2002, ch. 13, art. 75; 2004, ch. 12, art. 14(A).

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Conditions obligatoires

742.3 (1) Le tribunal assortit l’ordonnance de sursis des conditions suivantes, intimant au délinquant :

a) de ne pas troubler l’ordre public et d’avoir une bonne conduite;

b) de répondre aux convocations du tribunal;

c) de se présenter à l’agent de surveillance :

(i) dans les deux jours ouvrables suivant la date de l’ordonnance, ou dans le délai plus long fixé par le tribunal,

(ii) par la suite, selon les modalités de temps et de forme fixées par l’agent de surveillance;

d) de rester dans le ressort du tribunal, sauf permission écrite d’en sortir donnée par le tribunal ou par l’agent de surveillance;

e) de prévenir le tribunal ou l’agent de surveillance de ses changements d’adresse ou de nom et de les aviser rapidement de ses changements d’emploi ou d’occupation.

Conditions facultatives

(2) Le tribunal peut assortir l’ordonnance de sursis de l’une ou de plusieurs des conditions suivantes, intimant au délinquant :

a) de s’abstenir de consommer :

(i) de l’alcool ou d’autres substances toxiques,

(ii) des drogues, sauf sur ordonnance médicale;

b) de s’abstenir d’être propriétaire, possesseur ou porteur d’une arme;

c) de prendre soin des personnes à sa charge et de subvenir à leurs besoins;

d) d’accomplir au plus deux cent quarante heures de service communautaire au cours d’une période maximale de dix-huit mois;

e) de suivre un programme de traitement approuvé par la province;

f) d’observer telles autres conditions raisonnables que le tribunal considère souhaitables, sous réserve des règlements d’application du paragraphe 738(2), pour assurer la bonne

conduite du délinquant et l’empêcher de commettre de nouveau la même infraction ou de commettre d’autres infractions.

Obligations du tribunal

(3) Le tribunal qui rend l’ordonnance prévue au présent article :

a) en fait remettre une copie au délinquant;

b) lui explique le contenu du paragraphe (1) et des articles 742.4 et 742.6;

c) veille à ce que les modalités de présentation de la demande de modification des conditions facultatives prévue à l’article 742.4 lui soient expliquées;

d) prend les mesures voulues pour s’assurer qu’il comprend l’ordonnance elle-même et les explications qui lui sont fournies.

Validité de l’ordonnance

(4) Il est entendu que la non-observation du paragraphe (3) ne porte pas atteinte à la validité de l’ordonnance.

1995, ch. 22, art. 6; 2008, ch. 18, art. 40.

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Modification des conditions facultatives

742.4 (1) L’agent de surveillance qui estime que l’évolution des circonstances justifie la modification des conditions facultatives notifie par écrit les modifications proposées et les motifs à leur appui au délinquant, au poursuivant et au tribunal.

Audience

(2) Dans les sept jours suivant la notification, le délinquant ou le poursuivant peuvent demander au tribunal la tenue d’une audience pour étudier les modifications proposées, ou le tribunal peut d’office ordonner la tenue d’une audience à cette fin; l’audience a lieu dans les trente jours suivant la réception de la notification par le tribunal.

Décision

(3) À l’audience, le tribunal rejette ou approuve les modifications proposées et peut apporter aux conditions facultatives toute autre modification qu’il estime indiquée.

Absence de demande d’audience

(4) Dans le cas où la demande d’audience n’est pas présentée dans le délai prévu au paragraphe (2), les modifications proposées prennent effet dans les quatorze jours suivant la réception par le tribunal de la notification prévue au paragraphe (1); l’agent de surveillance avise alors le délinquant et dépose la preuve de la notification au tribunal.

Modifications proposées par le délinquant ou le poursuivant

(5) Les paragraphes (1) et (3) s’appliquent, avec les adaptations nécessaires, aux propositions de modification des conditions facultatives effectuées par le délinquant ou le poursuivant; l’audience est alors obligatoire et est tenue dans les trente jours suivant la réception par le tribunal de la notification prévue au paragraphe (1).

Juge en chambre

(6) Les attributions conférées au tribunal par le présent article peuvent être exercées par le juge en chambre.

1995, ch. 22, art. 6; 1999, ch. 5, art. 39.

Transfert d’une ordonnance

742.5 (1) Lorsqu’un délinquant soumis à une ordonnance de sursis devient résident d’une circonscription territoriale autre que celle où l’ordonnance a été rendue, le tribunal qui a rendu l’ordonnance peut, sous réserve du paragraphe (1.1), à la demande de l’agent de surveillance, transférer l’ordonnance à un tribunal de cette autre circonscription territoriale qui aurait, étant donné la forme du procès du délinquant, eu compétence pour rendre l’ordonnance dans cette autre circonscription territoriale si le délinquant y avait subi son procès et y avait été déclaré coupable de l’infraction au sujet de laquelle l’ordonnance a été rendue; le tribunal auquel l’ordonnance a été transférée peut, dès lors, statuer sur l’ordonnance et l’appliquer à tous égards comme s’il l’avait rendue.

Consentement du procureur général

(1.1) L’ordonnance ne peut être transférée :

a) qu’avec le consentement du procureur général de la province où elle a été rendue, si les deux circonscriptions territoriales ne sont pas situées dans la même province;

b) qu’avec le consentement du procureur général du Canada, si les procédures à l’origine de l’ordonnance ont été engagées par celui-ci ou en son nom.

Incapacité d’agir du tribunal

(2) Lorsque le tribunal qui a rendu une ordonnance de sursis ou à qui une ordonnance de sursis a été transférée en application du paragraphe (1) est pour quelque raison dans

l’incapacité d’agir, les pouvoirs de ce tribunal concernant cette ordonnance peuvent être exercés par tout autre tribunal ayant une juridiction équivalente dans la même province.

1995, ch. 22, art. 6; 1999, ch. 5, art. 40.

Mesures en cas de manquement

742.6 (1) En ce qui touche les procédures visées au présent article :

a) les dispositions des parties XVI et XVIII concernant la comparution forcée d’un prévenu devant un juge de paix s’appliquent avec les adaptations nécessaires, toute mention, dans ces parties, de la perpétration d’une infraction valant mention d’un manquement aux conditions d’une ordonnance de sursis;

b) les pouvoirs d’arrestation en cas de manquement à une condition d’une ordonnance de sursis sont, avec les adaptations nécessaires, les pouvoirs d’arrestation pour les actes criminels, le paragraphe 495(2) étant inapplicable;

c) malgré l’alinéa a), la procédure en cas de prétendu manquement est engagée :

(i) soit par la délivrance du mandat pour l’arrestation du délinquant pour le prétendu manquement,

(ii) soit par l’arrestation sans mandat du délinquant pour le prétendu manquement,

(iii) soit par le fait d’obliger le délinquant à comparaître au titre de l’alinéa d);

d) si le délinquant est déjà détenu ou devant le tribunal, sa comparution peut être obtenue par application des dispositions de l’alinéa a);

e) si le délinquant a été arrêté pour le prétendu manquement, l’agent de la paix qui a procédé à l’arrestation, le fonctionnaire responsable, un juge ou un juge de paix peut le mettre en liberté et sa comparution peut être obtenue par application des dispositions de l’alinéa a);

f) le mandat d’arrestation peut être délivré par un juge d’une cour supérieure de juridiction criminelle, un juge d’une cour de juridiction criminelle ou un juge de paix, quel que soit par ailleurs le juge, tribunal ou juge de paix qui a prononcé la peine, et les dispositions en matière de délivrance de télémandats s’appliquent avec les adaptations nécessaires, le manquement à une condition d’une ordonnance de sursis étant assimilé à un acte criminel.

Mise en liberté provisoire

(2) Pour l’application de l’article 515, le paragraphe 515(6) s’applique à la mise en liberté du délinquant détenu pour un prétendu manquement à une condition d’une ordonnance de sursis.

Audience

(3) L’audience sur le prétendu manquement commence dans les trente jours suivant soit l’arrestation du délinquant, soit le fait de l’obliger à comparaître au titre de l’alinéa (1)d), ou dans les plus brefs délais par la suite.

Compétence du tribunal

(3.1) Peut être saisi du prétendu manquement tout tribunal compétent au lieu où le manquement est présumé avoir été commis, ou au lieu où le délinquant est trouvé, arrêté ou sous garde.

Consentement du procureur général de la province

(3.2) Si le lieu où le délinquant est trouvé, arrêté ou sous garde est situé à l’extérieur de la province où le manquement est présumé avoir été commis, on ne peut procéder devant le tribunal de ce lieu :

a) qu’avec le consentement du procureur général de la province où le manquement est présumé avoir été commis;

b) qu’avec le consentement du procureur général du Canada, si les procédures à l’origine de l’ordonnance de sursis ont été engagées par celui-ci ou en son nom.

Ajournement

(3.3) Un juge peut, à tout moment au cours de l’audience, ajourner celle-ci pour une période raisonnable.

Rapport de l’agent de surveillance

(4) Le prétendu manquement est établi sur le fondement du rapport écrit de l’agent de surveillance, où figurent, le cas échéant, les déclarations signées des témoins.

Préavis

(5) Le rapport n’est recevable en preuve que si la partie qui entend le produire donne à la partie adverse, dans un délai raisonnable avant l’audience, une copie du rapport et un préavis de son intention de produire celui-ci.

(6) et (7) [Abrogés, 2008, ch. 18, art. 41]

Présence de l’agent de surveillance ou du témoin

(8) Le délinquant peut, avec l’autorisation du tribunal, exiger la comparution, pour fin de contre-interrogatoire, de l’agent de surveillance ou de tout témoin dont la déclaration signée figure au rapport.

Pouvoir du tribunal

(9) Le tribunal peut, s’il est convaincu, par une preuve prépondérante, que le délinquant a enfreint, sans excuse raisonnable dont la preuve lui incombe, une condition de l’ordonnance de sursis :

a) ne pas agir;

b) modifier les conditions facultatives;

c) suspendre l’ordonnance et ordonner :

(i) d’une part, au délinquant de purger en prison une partie de la peine qui reste à courir,

(ii) d’autre part, que l’ordonnance s’applique à compter de la libération du délinquant, avec ou sans modification des conditions facultatives;

d) mettre fin à l’ordonnance de sursis et ordonner que le délinquant soit incarcéré jusqu’à la fin de la peine d’emprisonnement.

Arrestation en cas de manquement

(10) L’exécution de l’ordonnance de sursis en ce qui touche sa durée est suspendue pendant la période comprise entre la première des éventualités ci-après à se produire et la décision du tribunal sur le prétendu manquement :

a) la délivrance du mandat pour l’arrestation du délinquant pour le prétendu manquement;

b) l’arrestation sans mandat du délinquant pour le prétendu manquement;

c) le fait d’obliger le délinquant à comparaître au titre de l’alinéa (1)d).

Application des conditions de l’ordonnance

(11) Lorsque le délinquant n’est pas détenu sous garde au cours de la période visée au paragraphe (10), les conditions de l’ordonnance de sursis continuent de s’appliquer, y compris les modifications apportées au titre de l’article 742.4, le présent article s’appliquant par ailleurs à tout prétendu manquement subséquent.

Détention au titre du par. 515(6)

(12) La suspension visée au paragraphe (10) cesse dès qu’une ordonnance de détention sous garde est rendue en vertu du paragraphe 515(6) et, sauf application de l’article 742.7, il y a exécution de l’ordonnance de sursis en ce qui touche sa durée pendant la période où le délinquant est détenu au titre de l’ordonnance.

Réduction de peine méritée non applicable

(13) L’article 6 de la Loi sur les prisons et les maisons de correction ne s’applique pas à la période de détention sous garde visée au paragraphe 515(6).

Exécution du mandat dans un délai non raisonnable

(14) Par dérogation au paragraphe (10), si le mandat n’a pas été exécuté dans un délai raisonnable, le tribunal peut, à tout moment, ordonner que tout ou partie de la période comprise entre la délivrance du mandat et son exécution dont, à son avis, il devrait être tenu compte dans l’intérêt de la justice soit réputé valoir comme temps écoulé au titre de l’ordonnance de sursis, sauf s’il en a été tenu compte au titre du paragraphe (15).

Procédure abandonnée ou excuse raisonnable

(15) Si la procédure sur le prétendu manquement est abandonnée ou rejetée ou si le tribunal conclut que le délinquant avait une excuse raisonnable pour enfreindre l’ordonnance de sursis, sont réputées valoir comme temps écoulé au titre de l’ordonnance :

a) toute période de suspension de l’exécution de l’ordonnance en ce qui touche sa durée;

b) une période équivalant à la moitié de la période pendant laquelle il a été détenu au titre de l’ordonnance visée au paragraphe (12) et il y avait exécution de l’ordonnance en ce qui touche sa durée.

Pouvoir du tribunal

(16) S’il est convaincu, par une preuve prépondérante, que le délinquant a enfreint, sans excuse raisonnable dont la preuve lui incombe, une condition de l’ordonnance de sursis, le tribunal peut, dans les cas exceptionnels et dans l’intérêt de la justice, ordonner que tout ou partie de la période de suspension visée au paragraphe (10) soit réputé valoir comme temps écoulé au titre de l’ordonnance.

Critères

(17) Pour l’application du paragraphe (16), le tribunal tient compte des éléments suivants :

a) les circonstances et la gravité du manquement;

b) la question de savoir si le fait de ne pas rendre l’ordonnance causerait un préjudice injustifié au délinquant, compte tenu de sa situation;

c) la période pendant laquelle les conditions de l’ordonnance de sursis ont continué de s’appliquer au délinquant tandis qu’il y avait suspension de l’exécution de celle-ci en ce qui touche sa durée et le fait qu’il s’y soit conformé ou non au cours de cette période.

1995, ch. 22, art. 6; 1999, ch. 5, art. 41; 2004, ch. 12, art. 15(A); 2008, ch. 18, art. 41.

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Nouvelle infraction

742.7 (1) Lorsque le délinquant faisant l’objet d’une ordonnance de sursis est emprisonné en raison d’une peine infligée pour une autre infraction, quelle que soit l’époque de la perpétration de celle-ci, l’exécution de l’ordonnance en ce qui touche sa durée est suspendue pendant la période d’emprisonnement.

Manquement à une condition d’une ordonnance de sursis

(2) Si une ordonnance de détention est rendue en vertu des alinéas 742.6(9)c) ou d), la période de détention est purgée consécutivement à toute autre période d’emprisonnement que le délinquant purge alors, sauf si le tribunal est d’avis que cela ne serait pas dans l’intérêt de la justice.

Autre peine d’emprisonnement

(3) La période de détention visée au paragraphe (2) et toute autre période d’emprisonnement sont réputées, pour l’application de l’article 743.1 et de l’article 139 de la Loi sur le système correctionnel et la mise en liberté sous condition, être une seule peine d’emprisonnement.

Fin de la suspension

(4) La suspension de l’exécution de l’ordonnance de sursis en ce qui touche sa durée cesse dès que le délinquant soumis à une surveillance au sein de la collectivité est libéré de prison au titre d’une libération conditionnelle ou d’office ou d’une réduction de peine méritée, ou à l’expiration de sa peine d’emprisonnement.

1995, ch. 22, art. 6; 1999, ch. 5, art. 42; 2004, ch. 12, art. 16(A).

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Emprisonnement

Absence de peine

743. Quiconque est déclaré coupable d’un acte criminel pour lequel il n’est prévu aucune peine est passible d’un emprisonnement maximal de cinq ans.

L.R. (1985), ch. C-46, art. 743; 1992, ch. 11, art. 16; 1995, ch. 22, art. 6.

Emprisonnement à perpétuité ou pour plus de deux ans

743.1 (1) Sauf disposition contraire de la présente loi ou de toute autre loi fédérale, une personne doit être condamnée à l’emprisonnement dans un pénitencier si elle est condamnée, selon le cas :

a) à l’emprisonnement à perpétuité;

b) à un emprisonnement de deux ans ou plus;

c) à l’emprisonnement pour deux ou plusieurs périodes de moins de deux ans chacune, à purger l’une après l’autre et dont la durée totale est de deux ans ou plus.

Période postérieure de moins de deux ans

(2) Lorsqu’une personne condamnée à l’emprisonnement dans un pénitencier est, avant l’expiration de cette peine, condamnée à un emprisonnement de moins de deux ans, elle purge cette dernière peine dans un pénitencier. Toutefois, si la peine antérieure d’emprisonnement dans un pénitencier est annulée, elle purge la dernière conformément au paragraphe (3).

Emprisonnement de moins de deux ans

(3) Lorsqu’une personne est condamnée à l’emprisonnement et qu’elle n’est pas visée par les paragraphes (1) ou (2), elle est, sauf si la loi prévoit une prison spéciale, condamnée à l’emprisonnement dans une prison ou un autre lieu de détention de la province où elle est déclarée coupable, où la peine d’emprisonnement peut être légalement exécutée, à l’exclusion d’un pénitencier.

Surveillance de longue durée

(3.1) Malgré le paragraphe (3), lorsque le délinquant soumis à une ordonnance de surveillance de longue durée aux termes de la partie XXIV est condamné pour une autre infraction pendant la période de surveillance, il doit être condamné à l’emprisonnement dans un pénitencier.

Condamnation au pénitencier d’une personne purgeant une peine ailleurs

(4) Lorsqu’une personne est condamnée à l’emprisonnement dans un pénitencier pendant qu’elle est légalement emprisonnée dans un autre endroit qu’un pénitencier, elle doit, sauf lorsqu’il y est autrement pourvu, être envoyée immédiatement au pénitencier et y purger la partie non expirée de la période d’emprisonnement qu’elle purgeait lorsqu’elle a été condamnée au pénitencier, ainsi que la période d’emprisonnement pour laquelle elle a été condamnée au pénitencier.

Transfèrement dans un pénitencier

(5) La personne qui est détenue dans une prison ou un autre lieu de détention qu’un pénitencier et qui doit purger de façon consécutive plusieurs peines d’emprisonnement dont chacune est inférieure à deux ans est transférée dans un pénitencier si la durée totale à purger est égale ou supérieure à deux ans; toutefois, si l’une des peines est annulée ou si sa durée est réduite de telle façon que la période d’emprisonnement restant à purger à la date du transfert devient inférieure à deux ans, cette personne purge sa peine en conformité avec le paragraphe (3).

Terre-Neuve

(6) Pour l’application du paragraphe (3), « pénitencier » ne vise pas, avant la date à fixer par décret du gouverneur en conseil, l’établissement mentionné au paragraphe 15(2) de la Loi sur le système correctionnel et la mise en liberté sous condition.

1992, ch. 11, art. 16; 1995, ch. 19, art. 39, ch. 22, art. 6; 1997, ch. 17, art. 1; 2008, ch. 6, art. 39.

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Rapport au Service correctionnel

743.2 Le tribunal qui condamne ou envoie une personne au pénitencier transmet au Service correctionnel du Canada ses motifs et recommandations relatifs à la mesure, ainsi que tous rapports pertinents qui lui ont été soumis et tous renseignements concernant l’administration de la peine.

1995, ch. 22, art. 6.

Ordonnance de non-communication

743.21 (1) Le tribunal peut ordonner au délinquant de s’abstenir, pendant la période de détention en cause, de communiquer directement ou indirectement avec toute personne — victime, témoin ou autre — identifiée dans l’ordonnance si ce n’est en conformité avec les conditions qui y sont prévues et qu’il estime nécessaires.

Infraction

(2) Quiconque omet, sans excuse légitime, dont la preuve lui incombe, de se conformer à l’ordonnance visée au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire passible d’un emprisonnement maximal de dix-huit mois.

2008, ch. 18, art. 42.

Peine purgée conformément aux règlements

743.3 Une peine d’emprisonnement est purgée conformément aux dispositions et règles qui régissent l’établissement où le prisonnier doit purger sa peine.

1995, ch. 22, art. 6.

743.4 [Abrogé, 2002, ch. 1, art. 184]

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Transfert de compétence

743.5 (1) Lorsqu’un adolescent ou un adulte assujetti à une décision rendue au titre des alinéas 20(1)k) ou k.1) de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), ou à une peine spécifique imposée en vertu des alinéas 42(2)n), o), q) ou r) de la Loi sur le système de justice pénale pour les adolescents est ou a été condamné à une peine d’emprisonnement pour une infraction, le reste de la décision prononcée ou de la peine spécifique imposée est purgée, pour l’application de la présente loi ou de toute autre loi fédérale, comme si elle avait été prononcée ou imposée au titre de la présente loi.

Transfert de compétence

(2) Lorsqu’un adolescent ou un adulte assujetti à une peine d’emprisonnement imposée au titre d’une loi fédérale autre que la Loi sur le système de justice pénale pour les adolescents est assujetti à une décision rendue au titre des alinéas 20(1) k) ou k.1) de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), ou condamné à une peine spécifique imposée au titre des alinéas 42(2) n), o), q) ou r) de la Loi sur le système de justice pénale pour les adolescents, la décision ou la peine spécifique est purgée, pour l’application de la présente loi ou de toute autre loi fédérale, comme si elle avait été imposée au titre de la présente loi.

Peine multiple

(3) Il est entendu que, pour l’application de l’article 139 de la Loi sur le système correctionnel et la mise en liberté sous condition, sont réputés être une seule peine d’emprisonnement :

a) pour l’application du paragraphe (1), le reste des décisions et des peines spécifiques, ainsi que les peines d’emprisonnement subséquentes;

b) pour l’application du paragraphe (2), la peine d’emprisonnement, ainsi que les décisions et les peines spécifiques subséquentes.

1995, ch. 22, art. 6, 19 et 20; 2002, ch. 1, art. 184; 2008, ch. 18, art. 43.

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Admissibilité à la libération conditionnelle Pouvoir judiciaire d’augmentation du temps d’épreuve

743.6 (1) Par dérogation au paragraphe 120(1) de la Loi sur le système correctionnel et la mise en liberté sous condition, le tribunal peut, s’il est convaincu, selon les circonstances de l’infraction, du caractère et des particularités du délinquant, que la réprobation de la société à l’égard de l’infraction commise ou l’effet dissuasif de l’ordonnance l’exige, ordonner que le délinquant condamné le 1er novembre 1992 ou par la suite, sur déclaration de culpabilité par mise en accusation, à une peine d’emprisonnement d’au moins deux ans — y compris une peine d’emprisonnement à perpétuité à condition que cette peine n’ait pas constitué un minimum en l’occurrence — pour une infraction mentionnée aux annexes I ou II de cette loi, purge, avant d’être admissible à la libération conditionnelle totale, le moindre de la moitié de sa peine ou dix ans.

Exception dans le cas d’une organisation criminelle

(1.1) Par dérogation à l’article 120 de la Loi sur le système correctionnel et la mise en liberté sous condition, le tribunal peut ordonner que le délinquant qui, pour une infraction d’organisation criminelle autre qu’une infraction prévue aux articles 467.11, 467.12 ou 467.13, est condamné sur déclaration de culpabilité à une peine d’emprisonnement de deux ans ou plus — y compris une peine d’emprisonnement à perpétuité à condition que cette peine n’ait pas constitué un minimum en l’occurrence — purge, avant d’être admissible à la libération conditionnelle totale, la moitié de sa peine jusqu’à concurrence de dix ans.

Pouvoir judiciaire de retarder la libération conditionnelle

(1.2) Par dérogation à l’article 120 de la Loi sur le système correctionnel et la mise en liberté sous condition, le tribunal est tenu, sauf s’il est convaincu, compte tenu des circonstances de l’infraction et du caractère et des particularités du délinquant, que la réprobation de la société à l’égard de l’infraction commise et l’effet dissuasif de

l’ordonnance auraient la portée voulue si la période d’inadmissibilité était déterminée conformément à cette loi, d’ordonner que le délinquant condamné à une peine d’emprisonnement d’au moins deux ans — y compris une peine d’emprisonnement à perpétuité — pour une infraction de terrorisme ou une infraction prévue aux articles 467.11, 467.12 ou 467.13 purge, avant d’être admissible à la libération conditionnelle totale, la moitié de sa peine jusqu’à concurrence de dix ans.

Principes devant guider le tribunal

(2) Il demeure entendu que les principes suprêmes qui doivent guider le tribunal dans l’application du présent article sont la réprobation de la société et l’effet dissuasif, la réadaptation du délinquant étant, dans tous les cas, subordonnée à ces principes suprêmes.

1995, ch. 22, art. 6, ch. 42, art. 86; 1997, ch. 23, art. 18; 2001, ch. 32, art. 45, ch. 41, art. 21 et 133.

Remise du délinquant au gardien de prison Exécution du mandat d’incarcération

744. L’agent de la paix ou toute autre personne à qui est adressé le mandat d’incarcération autorisé par la présente loi ou toute autre loi fédérale arrête, si nécessaire, la personne y nommée ou décrite, la conduit à la prison mentionnée dans le mandat et la remet, en même temps que le mandat, entre les mains du gardien de la prison, lequel donne alors à l’agent de la paix ou à l’autre personne qui remet le prisonnier un reçu, selon la formule 43, indiquant l’état et la condition du prisonnier lorsqu’il a été remis sous sa garde.

L.R. (1985), ch. C-46, art. 744; L.R. (1985), ch. 27 (1er suppl.), art. 166, ch. 1 (4e suppl.), art. 18(F); 1992, ch. 11, art. 16; 1995, ch. 22, art. 6.

Emprisonnement à perpétuité Emprisonnement à perpétuité

745. Sous réserve de l’article 745.1, le bénéfice de la libération conditionnelle est subordonné, en cas de condamnation à l’emprisonnement à perpétuité :

a) pour haute trahison ou meurtre au premier degré, à l’accomplissement d’au moins vingt-cinq ans de la peine;

b) pour meurtre au deuxième degré, dans le cas d’une personne qui a été reconnue coupable d’avoir causé la mort et qui a déjà été condamnée pour homicide coupable

équivalant à meurtre, peu importe sa qualification dans la présente loi, à l’accomplissement d’au moins vingt-cinq ans de la peine;

b.1) pour meurtre au deuxième degré, dans le cas où l’accusé a déjà été reconnu coupable d’une infraction visée aux articles 4 ou 6 de la Loi sur les crimes contre l’humanité et les crimes de guerre qui avait à son origine le meurtre intentionnel, prémédité ou non, à l’accomplissement d’au moins vingt-cinq ans de la peine;

c) pour meurtre au deuxième degré, à l’accomplissement d’au moins dix ans de la peine, délai que le juge peut porter à au plus vingt-cinq ans en vertu de l’article 745.4;

d) pour toute autre infraction, à l’application des conditions normalement prévues.

L.R. (1985), ch. C-46, art. 745; L.R. (1985), ch. 27 (2e suppl.), art. 10; 1990, ch. 17, art. 14; 1992, ch. 51, art. 39; 1995, ch. 22, art. 6; 2000, ch. 24, art. 46.

Déclaration relative à la mise en liberté

745.01 Sauf dans le cas où le paragraphe 745.6(2) s’applique, le juge qui préside le procès est tenu, au moment de prononcer la peine conformément aux alinéas 745a), b) ou c), de faire la déclaration suivante :

Le contrevenant a été déclaré coupable de (mentionner l’infraction) et condamné à l’emprisonnement à perpétuité. Il ne peut bénéficier de la libération conditionnelle avant (mentionner la date). Cependant, en vertu de l’article 745.6 du Code criminel, il peut, après avoir purgé au moins quinze ans de sa peine, demander la réduction du délai préalable à sa libération conditionnelle. Dans le cas où le jury qui entend la demande accorde la réduction du délai préalable à sa libération conditionnelle, le contrevenant peut présenter une demande de libération conditionnelle en vertu de la Loi sur le système correctionnel et la mise en liberté sous condition dès l’expiration du délai ainsi réduit.

1999, ch. 25, art. 21(préambule).

Mineurs

745.1 En cas de condamnation à l’emprisonnement à perpétuité d’une personne qui avait moins de dix-huit ans à la date de l’infraction pour laquelle elle a été déclarée coupable de meurtre au premier ou au deuxième degré, le bénéfice de la libération conditionnelle est subordonné à l’accomplissement, selon le cas :

a) de cinq ans de la peine lorsque cette personne avait moins de seize ans au moment de la perpétration de l’infraction, délai que le juge qui préside le procès peut porter à au plus sept ans;

b) de dix ans de la peine lorsque cette personne a été déclarée coupable de meurtre au premier degré et qu’elle avait seize ou dix-sept ans au moment de la perpétration de l’infraction;

c) de sept ans de la peine lorsque cette personne a été déclarée coupable de meurtre au deuxième degré et qu’elle avait seize ou dix-sept ans au moment de la perpétration de l’infraction.

1995, ch. 22, art. 6 et 21.

Recommandation du jury

745.2 Sous réserve de l’article 745.3, le juge qui préside le procès doit, avant de dissoudre le jury qui a déclaré un accusé coupable de meurtre au deuxième degré, lui poser la question suivante :

Vous avez déclaré l’accusé coupable de meurtre au deuxième degré et la loi exige que je prononce maintenant contre lui la peine d’emprisonnement à perpétuité. Souhaitez-vous formuler, comme vous avez la faculté de le faire, quant au nombre d’années qu’il doit purger avant de pouvoir bénéficier de la libération conditionnelle, une recommandation dont je tiendrai compte en examinant la possibilité de porter à au plus vingt-cinq ans ce délai qui, aux termes de la loi, s’élève normalement à dix ans?

1995, ch. 22, art. 6.

Mineurs

745.3 Le juge qui préside le procès doit, avant de dissoudre le jury qui a déclaré un accusé ayant moins de seize ans à la date de l’infraction coupable de meurtre au premier ou au deuxième degré, lui poser la question suivante :

Vous avez déclaré l’accusé coupable de meurtre au premier (ou deuxième) degré, et la loi exige que je prononce maintenant contre lui la peine d’emprisonnement à perpétuité. Souhaitez-vous formuler, comme vous avez la faculté de le faire, quant à la période d’emprisonnement qu’il doit purger avant de pouvoir bénéficier de la libération conditionnelle, une recommandation dont je tiendrai compte en fixant ce délai, conformément à la loi, à au moins cinq ans et à au plus sept ans?

1995, ch. 22, art. 6 et 22.

Libération conditionnelle

745.4 Sous réserve de l’article 745.5, au moment de prononcer la peine conformément à l’article 745, le juge qui préside le procès du délinquant déclaré coupable de meurtre au deuxième degré — ou en cas d’empêchement, tout juge du même tribunal — peut, compte tenu du caractère du délinquant, de la nature de l’infraction et des circonstances

entourant sa perpétration ainsi que de toute recommandation formulée en vertu de l’article 745.2, porter, par ordonnance, le délai préalable à sa libération conditionnelle au nombre d’années, compris entre dix et vingt-cinq, qu’il estime indiqué dans les circonstances.

1995, ch. 22, art. 6.

Idem

745.5 Au moment de prononcer la peine conformément à l’article 745.1, le juge qui préside le procès du délinquant déclaré coupable de meurtre au premier ou au deuxième degré et qui avait moins de seize ans au moment de la commission de l’infraction — ou en cas d’empêchement, tout juge du même tribunal — peut, compte tenu de l’âge et du caractère du délinquant, de la nature de l’infraction et des circonstances entourant sa perpétration, ainsi que de toute recommandation formulée en vertu de l’article 745.3, fixer, par ordonnance, le délai préalable à sa libération conditionnelle à la période, comprise entre cinq et sept ans, qu’il estime indiquée dans les circonstances.

1995, ch. 22, art. 6 et 23.

Demande de révision judiciaire

745.6 (1) Sous réserve du paragraphe (2), une personne peut demander, par écrit, au juge en chef compétent de la province où a eu lieu sa déclaration de culpabilité la réduction du délai préalable à sa libération conditionnelle si :

a) elle a été déclarée coupable de haute trahison ou de meurtre;

b) elle a été condamnée à l’emprisonnement à perpétuité avec délai préalable à sa libération conditionnelle de plus de quinze ans;

c) elle a purgé au moins quinze ans de sa peine.

Exception — auteurs de meurtres multiples

(2) La personne déclarée coupable de plus d’un meurtre ne peut présenter une demande en vertu du paragraphe (1), que des procédures aient ou non été engagées à l’égard d’un des meurtres au moment de la commission d’un autre meurtre.

Définition de « juge en chef compétent »

(3) Pour l’application du présent article et des articles 745.61 à 745.64, « juge en chef compétent » désigne :

a) dans la province d’Ontario, le juge en chef de la Cour de l’Ontario;

b) dans la province de Québec, le juge en chef de la Cour supérieure;

c) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, le juge en chef de la Section de première instance de la Cour suprême;

d) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, le juge en chef de la Cour du Banc de la Reine;

e) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, le juge en chef de la Cour suprême;

f) au Yukon, dans les Territoires du Nord-Ouest et au Nunavut, le juge en chef de la Cour d’appel.

1993, ch. 28, art. 78; 1995, ch. 22, art. 6; 1996, ch. 34, art. 2; 1998, ch. 15, art. 20; 2002, ch. 7, art. 146.

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Sélection

745.61 (1) Sur réception de la demande prévue au paragraphe 745.6(1), le juge — juge en chef compétent ou juge de la cour supérieure de juridiction criminelle qu’il désigne à cette fin — décide, en se fondant sur les documents suivants, si le requérant a démontré, selon la prépondérance des probabilités, qu’il existe une possibilité réelle que la demande soit accueillie :

a) la demande;

b) tout rapport fourni par le Service correctionnel du Canada ou une autre autorité correctionnelle;

c) tout autre document que le procureur général ou le requérant présente au juge.

Critères

(2) Le juge prend la décision visée au paragraphe (1) en fonction des critères énoncés aux alinéas 745.63(1)a) à e), compte tenu des adaptations nécessaires.

Décision quant à la nouvelle demande

(3) S’il décide que le requérant n’a pas démontré qu’il existe une possibilité réelle que la demande soit accueillie, le juge peut soit fixer un délai d’au moins deux ans — suivant la date de la décision — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745.6(1), soit décider que celui-ci ne pourra pas présenter une telle demande.

Aucune décision quant à la nouvelle demande

(4) Si le juge décide que le requérant n’a pas démontré qu’il existe une possibilité réelle que la demande soit accueillie, sans toutefois fixer le délai prévu au paragraphe (3) ni décider qu’aucune nouvelle demande ne pourra être présentée, il sera loisible au requérant de présenter une nouvelle demande au plus tôt deux ans après la date de la décision.

Juge chargé de constituer un jury

(5) Si le juge décide que le requérant a démontré qu’il existe une possibilité réelle que la demande soit accueillie, le juge en chef charge un juge de la cour supérieure de juridiction criminelle de constituer un jury pour entendre la demande.

1996, ch. 34, art. 2.

Appel

745.62 (1) Le requérant ou le procureur général peuvent interjeter appel à la cour d’appel d’une décision rendue en vertu de l’article 745.61 sur toute question de droit ou de fait ou toute question mixte de droit et de fait.

Document

(2) Il est statué sur l’appel sur le fondement des documents présentés au juge qui a rendu la décision, des motifs de celle-ci et de tout autre document que la cour d’appel exige.

Articles applicables

(3) Les articles 673 à 696 s’appliquent avec les adaptations nécessaires.

1996, ch. 34, art. 2.

Audience

745.63 (1) Le jury constitué en vertu du paragraphe 745.61(5) pour entendre la demande du requérant décide s’il y a lieu de réduire le délai préalable à la libération conditionnelle de celui-ci, en fonction des critères suivants :

a) le caractère du requérant;

b) sa conduite durant l’exécution de sa peine;

c) la nature de l’infraction pour laquelle il a été condamné;

d) tout autre renseignement fourni par la victime au moment de l’infliction de la peine ou lors de l’audience prévue au présent article;

e) tout autre renseignement que le juge estime utile dans les circonstances.

Renseignements fournis par la victime

(1.1) Les renseignements fournis aux termes de l’alinéa (1)d) peuvent l’être oralement ou par écrit, à la discrétion de la victime, ou de toute autre manière que le juge estime indiquée.

Définition de « victime »

(2) À l’alinéa (1)d), « victime » s’entend au sens du paragraphe 722(4).

Réduction

(3) Le jury peut décider qu’il y a lieu de réduire le délai préalable à la libération conditionnelle du requérant. La décision est prise à l’unanimité.

Aucune réduction

(4) Le délai préalable à la libération conditionnelle du requérant n’est pas réduit si, selon le cas :

a) le jury décide qu’il n’y a pas lieu de le réduire;

b) il conclut qu’il n’est pas en mesure de décider à l’unanimité qu’il y a lieu de le réduire;

c) le juge qui préside conclut que le jury, après une période suffisante de délibérations, n’est pas en mesure de décider à l’unanimité qu’il y a lieu de le réduire.

Décision de réduire le délai

(5) Le jury, s’il décide qu’il y a lieu de réduire le délai préalable à la libération conditionnelle du requérant, peut, par décision des deux tiers au moins de ses membres, en ce qui concerne ce délai :

a) en réduire le nombre d’années;

b) le supprimer.

Nouvelle demande

(6) Si le délai préalable à la libération conditionnelle du requérant n’est pas réduit, le jury peut soit fixer un délai d’au moins deux ans — suivant la date de la décision ou de la

conclusion visées au paragraphe (4) — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745.6(1), soit décider que celui-ci ne pourra pas présenter une telle demande.

Majorité des deux tiers

(7) Le jury fixe le délai visé au paragraphe (6) ou prend la décision qui y est visée à la majorité des deux tiers au moins de ses membres.

Aucune décision quant à la nouvelle demande

(8) Si le jury ne fixe pas le délai à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande ou ne décide pas qu’aucune telle demande ne pourra être présentée, il sera loisible au requérant de présenter cette demande au plus tôt deux ans après la date de la décision ou de la conclusion visées au paragraphe (4).

1996, ch. 34, art. 2; 1999, ch. 25, art. 22(préambule).

Règles

745.64 (1) Le juge en chef compétent de chaque province ou territoire peut établir les règles applicables pour l’application des articles 745.6 à 745.63.

Territoires

(2) Le juge en chef compétent peut charger un juge de la Cour d’appel, de la Cour suprême du Yukon ou des Territoires du Nord-Ouest ou de la Cour de justice du Nunavut, selon le cas, de prendre la décision visée au paragraphe 745.61(1) ou de constituer, en vertu du paragraphe 745.61(5), un jury qui entendra les demandes relatives aux déclarations de culpabilité prononcées dans ces territoires.

1996, ch. 34, art. 2; 1999, ch. 3, art. 53; 2002, ch. 7, art. 147(A).

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Détention sous garde

746. Pour l’application des articles 745, 745.1, 745.4, 745.5 et 745.6, est incluse dans le calcul de la période d’emprisonnement purgée toute période passée sous garde entre la date d’arrestation et de mise sous garde pour l’infraction pour laquelle la personne a été condamnée et celle, dans le cas d’une condamnation à l’emprisonnement à perpétuité :

a) postérieure au 25 juillet 1976, de la condamnation;

b) consécutive à la commutation réelle ou présumée d’une peine de mort, de cette commutation.

L.R. (1985), ch. C-46, art. 746; 1995, ch. 19, art. 41, ch. 22, art. 6 et 24.

Libération conditionnelle interdite

746.1 (1) Sauf dérogation expresse au présent article prévue par une autre loi fédérale, il est interdit de libérer les condamnés à l’emprisonnement à perpétuité conformément aux modalités d’une libération conditionnelle ou d’examiner leur dossier en vue de leur accorder une telle libération sous le régime d’une loi fédérale, notamment de la Loi sur le système correctionnel et la mise en liberté sous condition, avant que ne soit expiré ou terminé le délai préalable à toute libération conditionnelle qui s’applique dans son cas conformément à la présente loi.

Permissions de sortir et semi-liberté

(2) Sous réserve du paragraphe (3), en cas de condamnation à l’emprisonnement à perpétuité assortie, conformément à la présente loi, d’un délai préalable à la libération conditionnelle, il ne peut être accordé, sauf au cours des trois années précédant l’expiration de ce délai :

a) de semi-liberté en application de la Loi sur le système correctionnel et la mise en liberté sous condition;

b) de permission de sortir sans escorte sous le régime de cette loi ou de la Loi sur le système correctionnel et la mise en liberté sous condition;

c) de permission de sortir avec escorte, sous le régime d’une de ces lois, sauf pour des raisons médicales ou pour comparution dans le cadre de procédures judiciaires ou d’enquêtes du coroner, sans l’agrément de la Commission nationale des libérations conditionnelles.

Sorties sans ou sous surveillance ou semi-liberté

(3) La personne qui commet, avant l’âge de dix-huit ans, un meurtre au premier ou au deuxième degré et qui fait l’objet d’une condamnation d’emprisonnement à perpétuité assortie, conformément à la présente loi, d’un délai préalable à la libération conditionnelle ne peut, sauf au cours du dernier cinquième de ce délai, être admissible :

a) à la semi-liberté prévue par la Loi sur le système correctionnel et la mise en liberté sous condition;

b) à la permission de sortir sans escorte prévue par cette loi ou la Loi sur les prisons et les maisons de correction;

c) à la permission de sortir avec escorte, prévue par l’une de ces lois, sauf pour des raisons médicales ou pour comparution dans le cadre de procédures judiciaires ou

d’enquêtes du coroner, sans l’agrément de la Commission nationale des libérations conditionnelles.

1995, ch. 22, art. 6, ch. 42, art. 87; 1997, ch. 17, art. 2.

747. [Abrogé, 1995, ch. 22, art. 6]

Pardon et remises À qui le pardon peut être accordé

748. (1) Sa Majesté peut accorder la clémence royale à une personne condamnée à l’emprisonnement sous le régime d’une loi fédérale, même si cette personne est emprisonnée pour omission de payer une somme d’argent à une autre personne.

Pardon absolu ou conditionnel

(2) Le gouverneur en conseil peut accorder un pardon absolu ou un pardon conditionnel à toute personne déclarée coupable d’une infraction.

Effet du pardon absolu

(3) Lorsque le gouverneur en conseil accorde un pardon absolu à une personne, celle-ci est par la suite réputée n’avoir jamais commis l’infraction à l’égard de laquelle le pardon est accordé.

Peine pour infraction subséquente

(4) Aucun pardon absolu ou conditionnel n’empêche ni ne mitige la punition à laquelle la personne en cause pourrait autrement être légalement condamnée sur une déclaration de culpabilité subséquente pour une infraction autre que celle concernant laquelle le pardon a été accordé.

L.R. (1985), ch. C-46, art. 748; 1992, ch. 22, art. 12; 1995, ch. 22, art. 6.

Remise par le gouverneur en conseil

748.1 (1) Le gouverneur en conseil peut ordonner la remise intégrale ou partielle d’une amende ou d’une confiscation infligée en vertu d’une loi fédérale, quelle que soit la personne à qui elle est payable ou la manière de la recouvrer.

Conditions de la remise

(2) Une ordonnance portant remise aux termes du paragraphe (1) peut comprendre la remise de frais subis dans les poursuites, mais non les frais auxquels un poursuivant privé a droit.

1995, ch. 22, art. 6.

Prérogative royale

749. La présente loi n’a pas pour effet de limiter, de quelque manière, la prérogative royale de clémence que possède Sa Majesté.

L.R. (1985), ch. C-46, art. 749; 1995, ch. 22, art. 6.

Incapacité Vacance

750. (1) Tout emploi public, notamment une fonction relevant de la Couronne, devient vacant dès que son titulaire a été déclaré coupable d’un acte criminel et condamné en conséquence à un emprisonnement de deux ans ou plus.

Durée de l’incapacité

(2) Tant qu’elle n’a pas subi la peine qui lui est infligée ou la peine y substituée par une autorité compétente ou qu’elle n’a pas reçu de Sa Majesté un pardon absolu, une personne visée par le paragraphe (1) est incapable d’occuper une fonction relevant de la Couronne ou un autre emploi public, ou d’être élue, de siéger ou de voter comme membre du Parlement ou d’une législature, ou d’exercer un droit de suffrage.

Incapacité contractuelle

(3) La personne déclarée coupable d’une des infractions ci-après n’a pas qualité, après cette déclaration de culpabilité, pour passer un contrat avec Sa Majesté, pour recevoir un avantage en vertu d’un contrat entre Sa Majesté et toute autre personne ou pour occuper une fonction relevant de Sa Majesté :

a) toute infraction visée à l’article 121, 124 ou 418;

b) toute infraction visée à l’article 380 et commise à l’égard de Sa Majesté;

c) toute infraction visée à l’alinéa 80(1)d), au paragraphe 80(2) ou à l’article 154.01 de la Loi sur la gestion des finances publiques.

Demande de rétablissement des droits

(4) La personne visée au paragraphe (3) peut, avant que lui soit octroyée ou délivrée la réhabilitation prévue à l’article 4.1 de la Loi sur le casier judiciaire, demander au gouverneur en conseil d’être rétablie dans les droits dont elle est privée en application de ce paragraphe.

Ordre de rétablissement

(5) Sur demande présentée conformément au paragraphe (4), le gouverneur en conseil peut ordonner que le demandeur soit rétabli dans tout ou partie des droits dont il est privé en application du paragraphe (3) aux conditions qu’il estime souhaitables dans l’intérêt public.

Disparition de l’incapacité

(6) L’annulation d’une condamnation par une autorité compétente fait disparaître l’incapacité imposée par le présent article.

L.R. (1985), ch. C-46, art. 750; 1995, ch. 22, art. 6; 2000, ch. 1, art. 9; 2006, ch. 9, art. 246.

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Dispositions diverses Attribution des frais en matière de libelle

751. La personne en faveur de qui jugement est rendu dans des poursuites par acte d’accusation pour libelle diffamatoire a le droit de recouvrer de la partie adverse en remboursement de ses frais, une somme raisonnable dont le montant est fixé par ordonnance du tribunal.

L.R. (1985), ch. C-46, art. 751; 1995, ch. 22, art. 6.

Exécution civile

751.1 Faute de paiement immédiat des frais fixés en application de l’article 751, la partie en faveur de qui le jugement est rendu peut, par le dépôt du jugement, faire inscrire celui­ ci pour le montant des frais au tribunal civil compétent; l’inscription vaut jugement exécutoire contre la partie adverse, comme s’il s’agissait d’un jugement rendu contre elle, devant ce tribunal, au terme d’une action civile.

1995, ch. 22, art. 6.

PARTIE XXIV

DÉLINQUANTS DANGEREUX ET DÉLINQUANTS À CONTRÔLER

Définitions Définitions

752. Les définitions qui suivent s’appliquent à la présente partie.

« infraction désignée »

“designated offence”

« infraction désignée »

a) Infraction primaire;

b) infraction prévue à l’une des dispositions suivantes :

(i) l’alinéa 81(1)a) (usage d’explosifs),

(ii) l’alinéa 81(1)b) (usage d’explosifs),

(iii) l’article 85 (usage d’une arme à feu ou d’une fausse arme à feu lors de la perpétration d’une infraction),

(iv) l’article 87 (braquer une arme à feu),

(iv.1) l’article 98 (introduction par effraction pour voler une arme à feu),

(iv.2) l’article 98.1 (vol qualifié visant une arme à feu),

(v) l’article 153.1 (exploitation d’une personne handicapée à des fins sexuelles),

(vi) l’article 163.1 (pornographie juvénile),

(vii) l’article 170 (père, mère ou tuteur qui sert d’entremetteur),

(viii) l’article 171 (maître de maison qui permet des actes sexuels interdits),

(ix) l’article 172.1 (leurre),

(x) l’alinéa 212(1)i) (fait de stupéfier ou subjuguer pour avoir des rapports sexuels),

(xi) le paragraphe 212(2.1) (infraction grave — vivre des produits de la prostitution d’une personne âgée de moins de dix-huit ans),

(xii) le paragraphe 212(4) (infraction — prostitution d’une personne âgée de moins de dix-huit ans),

(xiii) l’article 245 (fait d’administrer une substance délétère),

(xiv) l’article 266 (voies de fait),

(xv) l’article 269 (infliction illégale de lésions corporelles),

(xvi) l’article 269.1 (torture),

(xvii) l’alinéa 270(1)a) (voies de fait contre un agent de la paix),

(xviii) l’article 273.3 (passage d’enfants à l’étranger),

(xix) le paragraphe 279(2) (séquestration),

(xx) l’article 279.01 (traite des personnes),

(xx.1) l’article 279.011 (traite de personnes âgées de moins de dix-huit ans),

(xxi) l’article 279.1 (prise d’otage),

(xxii) l’article 280 (enlèvement d’une personne âgée de moins de seize ans),

(xxiii) l’article 281 (enlèvement d’une personne âgée de moins de quatorze ans),

(xxiv) l’article 344 (vol qualifié),

(xxv) l’article 348 (introduction par effraction dans un dessein criminen( �

c) infraction prévue à l’une des dispositions ci-après du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans toute version antérieure au 1er janvier 1988 :

(i) le paragraphe 146(2) (rapports sexuels avec une personne de sexe féminin âgée d’au moins quatorze ans mais de moins de seize ans),

(ii) l’article 148 (rapports sexuels avec une personne faible d’esprit),

(iii) l’article 166 (père, mère ou tuteur qui cause le déflorement),

(iv) l’article 167 (maître de maison qui permet le déflorement);

d) infraction constituée par la tentative ou le complot en vue de perpétrer l’une ou l’autre des infractions énumérées aux alinéas b) ou c).

« infraction primaire »

“primary designated offence”

« infraction primaire » Infraction :

a) prévue par l’une des dispositions suivantes :

(i) l’article 151 (contacts sexuels),

(ii) l’article 152 (incitation à des contacts sexuels),

(iii) l’article 153 (exploitation sexuelle),

(iv) l’article 155 (inceste),

(v) l’article 239 (tentative de meurtre),

(vi) l’article 244 (décharger une arme à feu avec une intention particulière),

(vii) l’article 267 (agression armée ou infliction de lésions corporelles),

(viii) l’article 268 (voies de fait graves),

(ix) l’article 271 (agression sexuelle),

(x) l’article 272 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles),

(xi) l’article 273 (agression sexuelle grave),

(xii) le paragraphe 279(1) (enlèvement);

b) prévue à l’une des dispositions ci-après du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans toute version antérieure au 4 janvier 1983 :

(i) l’article 144 (viol),

(ii) l’article 145 (tentative de viol),

(iii) l’article 149 (attentat à la pudeur d’une personne de sexe féminin),

(iv) l’article 156 (attentat à la pudeur d’une personne de sexe masculin),

(v) le paragraphe 245(2) (voies de fait causant des lésions corporelles),

(vi) le paragraphe 246(1) (voies de fait avec intention de commettre un acte criminel), si l’intention est de commettre l’une des infractions visées aux sous-alinéas (i) à (v) du présent alinéa;

c) prévue à l’une des dispositions ci-après du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans leur version édictée par l’article 19 de la Loi modifiant le Code criminel en matière d’infractions sexuelles et d’autres infractions contre la personne et apportant des modifications corrélatives à d’autres lois, chapitre 125 des Statuts du Canada de 1980-81-82-83 :

(i) l’article 246.1 (agression sexuelle),

(ii) l’article 246.2 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles),

(iii) l’article 246.3 (agression sexuelle grave);

d) prévue à l’une des dispositions ci-après du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans toute version antérieure au 1er janvier 1988 :

(i) le paragraphe 146(1) (rapports sexuels avec une personne de sexe féminin âgée de moins de quatorze ans),

(ii) l’alinéa 153(1)a) (rapports sexuels avec sa belle-fille);

e) constituée par la tentative ou le complot en vue de perpétrer l’une ou l’autre des infractions énumérées aux alinéas a) à d).

« sévices graves à la personne »

“serious personal injury offence”

« sévices graves à la personne » Selon le cas :

a) les infractions — la haute trahison, la trahison, le meurtre au premier degré ou au deuxième degré exceptés — punissables, par mise en accusation, d’un emprisonnement d’au moins dix ans et impliquant :

(i) soit l’emploi, ou une tentative d’emploi, de la violence contre une autre personne,

(ii) soit une conduite dangereuse, ou susceptible de l’être, pour la vie ou la sécurité d’une autre personne ou une conduite ayant infligé, ou susceptible d’infliger, des dommages psychologiques graves à une autre personne;

b) les infractions ou tentatives de perpétration de l’une des infractions visées aux articles 271 (agression sexuelle), 272 (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles) ou 273 (agression sexuelle grave).

« surveillance de longue durée »

“long-term supervision”

« surveillance de longue durée » La surveillance de longue durée ordonnée en vertu des paragraphes 753(4), 753.01(5) ou (6) ou 753.1(3) ou du sous-alinéa 759(3)a)(i).

« tribunal »

“court”

« tribunal » Le tribunal qui a condamné le délinquant qui fait l’objet d’une demande en vertu de la présente partie ou une cour supérieure de juridiction criminelle.

L.R. (1985), ch. C-46, art. 752; 2008, ch. 6, art. 40 et 61; 2010, ch. 3, art. 8.

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Délinquants dangereux et délinquants à contrôler Obligation du poursuivant d’aviser le tribunal

752.01 Dans le cas où le poursuivant est d’avis que, d’une part, l’infraction dont le délinquant a été déclaré coupable constitue des sévices graves à la personne et est une infraction désignée et que, d’autre part, celui-ci a déjà été condamné pour au moins deux infractions désignées lui ayant valu, dans chaque cas, une peine d’emprisonnement de deux ans ou plus, il est tenu, dans les meilleurs délais possible suivant la déclaration de culpabilité et, en tout état de cause, avant la détermination de la peine, d’aviser le tribunal s’il a ou non l’intention de faire une demande au titre du paragraphe 752.1(1).

2008, ch. 6, art. 41.

Renvoi pour évaluation

752.1 (1) Sur demande du poursuivant, le tribunal doit, avant d’imposer une peine au délinquant qui a commis des sévices graves à la personne ou une infraction visée à l’alinéa 753.1(2)a) et lorsqu’il a des motifs raisonnables de croire que celui-ci pourrait être déclaré délinquant dangereux ou délinquant à contrôler en vertu respectivement des articles 753 et 753.1, le renvoyer, par une ordonnance écrite et pour une période maximale de soixante jours, à la garde de la personne qu’il désigne, laquelle effectue ou fait effectuer par des experts une évaluation qui sera utilisée comme preuve lors de l’examen de la demande visée aux articles 753 ou 753.1.

Rapport

(2) La personne qui a la garde du délinquant doit, au plus tard trente jours après l’expiration de la période d’évaluation, déposer auprès du tribunal un rapport

d’évaluation et mettre des copies de celui-ci à la disposition du poursuivant et de l’avocat du délinquant.

Prorogation des délais

(3) Sur demande du poursuivant, le tribunal peut, s’il est convaincu qu’il y a des motifs raisonnables de le faire, proroger d’au plus trente jours le délai de dépôt du rapport.

1997, ch. 17, art. 4; 2008, ch. 6, art. 41.

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Demande de déclaration — délinquant dangereux

753. (1) Sur demande faite, en vertu de la présente partie, postérieurement au dépôt du rapport d’évaluation visé au paragraphe 752.1(2), le tribunal doit déclarer qu’un délinquant est un délinquant dangereux s’il est convaincu que, selon le cas :

a) l’infraction commise constitue des sévices graves à la personne, aux termes de l’alinéa a) de la définition de cette expression à l’article 752, et que le délinquant qui l’a commise constitue un danger pour la vie, la sécurité ou le bien-être physique ou mental de qui que ce soit, en vertu de preuves établissant, selon le cas :

(i) que, par la répétition de ses actes, notamment celui qui est à l’origine de l’infraction dont il a été déclaré coupable, le délinquant démontre qu’il est incapable de contrôler ses actes et permet de croire qu’il causera vraisemblablement la mort de quelque autre personne ou causera des sévices ou des dommages psychologiques graves à d’autres personnes,

(ii) que, par la répétition continuelle de ses actes d’agression, notamment celui qui est à l’origine de l’infraction dont il a été déclaré coupable, le délinquant démontre une indifférence marquée quant aux conséquences raisonnablement prévisibles que ses actes peuvent avoir sur autrui,

(iii) un comportement, chez ce délinquant, associé à la perpétration de l’infraction dont il a été déclaré coupable, d’une nature si brutale que l’on ne peut s’empêcher de conclure qu’il y a peu de chance pour qu’à l’avenir ce comportement soit inhibé par les normes ordinaires de restriction du comportement;

b) l’infraction commise constitue des sévices graves à la personne, aux termes de l’alinéa b) de la définition de cette expression à l’article 752, et que la conduite antérieure du délinquant dans le domaine sexuel, y compris lors de la perpétration de l’infraction dont il a été déclaré coupable, démontre son incapacité à contrôler ses impulsions sexuelles et laisse prévoir que vraisemblablement il causera à l’avenir de ce fait des sévices ou autres maux à d’autres personnes.

Présomption

(1.1) Si le tribunal est convaincu que, d’une part, l’infraction dont le délinquant a été reconnu coupable est une infraction primaire qui mérite une peine d’emprisonnement de deux ans ou plus et que, d’autre part, celui-ci a déjà été condamné pour au moins deux infractions primaires lui ayant valu, dans chaque cas, une peine d’emprisonnement de deux ans ou plus, il est présumé, sauf preuve contraire établie selon la prépondérance des probabilités, que les conditions prévues aux alinéas (1)a) ou b), selon le cas, sont remplies.

Moment de la présentation de la demande

(2) La demande visée au paragraphe (1) doit être présentée avant que la peine soit imposée au délinquant, sauf si les conditions suivantes sont réunies :

a) avant cette imposition, le poursuivant avise celui-ci de la possibilité qu’il présente une demande en vertu de l’article 752.1 et une demande en vertu du paragraphe (1) au plus tard six mois après l’imposition;

b) à la date de la présentation de cette dernière demande — au plus tard six mois après l’imposition —, il est démontré que le poursuivant a à sa disposition des éléments de preuve pertinents qui n’étaient pas normalement accessibles au moment de l’imposition.

Demande présentée après l’imposition de la peine

(3) Malgré le paragraphe 752.1(1), la demande visée à ce paragraphe peut être présentée après l’imposition de la peine ou après que le délinquant a commencé à purger sa peine dans les cas où les conditions visées aux alinéas (2)a) et b) sont réunies.

Peine pour délinquant dangereux

(4) S’il déclare que le délinquant est un délinquant dangereux, le tribunal :

a) soit lui inflige une peine de détention dans un pénitencier pour une période indéterminée;

b) soit lui inflige une peine minimale d’emprisonnement de deux ans pour l’infraction dont il a été déclaré coupable et ordonne qu’il soit soumis, pour une période maximale de dix ans, à une surveillance de longue durée;

c) soit lui inflige une peine pour l’infraction dont il a été déclaré coupable.

Peine de détention pour une période indéterminée

(4.1) Le tribunal inflige une peine de détention dans un pénitencier pour une période indéterminée sauf s’il est convaincu, sur le fondement des éléments mis en preuve lors de

l’audition de la demande, que l’on peut vraisemblablement s’attendre à ce que le fait d’infliger une mesure moins sévère en vertu des alinéas (4)b) ou c) protège de façon suffisante le public contre la perpétration par le délinquant d’un meurtre ou d’une infraction qui constitue des sévices graves à la personne.

Cas où la demande est présentée après l’infliction de la peine

(4.2) Si la demande est présentée après que le délinquant a commencé à purger sa peine dans les cas où les conditions visées aux alinéas (2)a) et b) sont réunies, la peine infligée en vertu de l’alinéa (4)a) ou la peine infligée et l’ordonnance rendue en vertu de l’alinéa (4)b) remplacent la peine qui lui a été infligée pour l’infraction dont il a été déclaré coupable.

Délinquant non déclaré délinquant dangereux

(5) S’il ne déclare pas que le délinquant est un délinquant dangereux, le tribunal peut, selon le cas :

a) considérer la demande comme une demande de déclaration portant que le délinquant est un délinquant à contrôler, auquel cas l’article 753.1 s’applique, et soit déclarer que le délinquant est un délinquant à contrôler, soit tenir une autre audience à cette fin;

b) lui imposer une peine pour l’infraction dont il a été déclaré coupable.

(6) [Abrogé, 2008, ch. 6, art. 42]

L.R. (1985), ch. C-46, art. 753; 1997, ch. 17, art. 4; 2008, ch. 6, art. 42.

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Demande de renvoi pour évaluation — déclaration de culpabilité ultérieure

753.01 (1) Si le délinquant déclaré délinquant dangereux est reconnu coupable postérieurement d’une infraction qui constitue des sévices graves à la personne ou d’une infraction prévue au paragraphe 753.3(1), sur demande du poursuivant, le tribunal doit, avant d’infliger une peine au délinquant, le renvoyer, par une ordonnance écrite et pour une période maximale de soixante jours, à la garde de la personne qu’il désigne, laquelle effectue ou fait effectuer par des experts une évaluation qui sera utilisée comme preuve lors de l’examen de la demande visée au paragraphe (4).

Rapport

(2) La personne qui a la garde du délinquant dépose auprès du tribunal, au plus tard trente jours après l’expiration de la période d’évaluation, un rapport d’évaluation et met des copies de celui-ci à la disposition du poursuivant et de l’avocat du délinquant.

Prorogation des délais

(3) Sur demande du poursuivant, le tribunal peut, s’il est convaincu qu’il y a des motifs raisonnables de le faire, proroger d’au plus trente jours le délai de dépôt du rapport d’évaluation.

Demande pour une nouvelle peine ou ordonnance

(4) Le poursuivant peut, postérieurement au dépôt du rapport d’évaluation, demander au tribunal qu’il inflige au délinquant une peine de détention dans un pénitencier pour une période indéterminée ou qu’il rende une ordonnance lui imposant une nouvelle période de surveillance de longue durée, en sus de toute autre peine infligée pour l’infraction.

Peine de détention pour une période indéterminée

(5) Dans le cas où la demande vise l’infliction d’une peine de détention dans un pénitencier pour une période indéterminée, le tribunal y fait droit, sauf s’il est convaincu, sur le fondement des éléments mis en preuve lors de l’audition de la demande, que l’on peut vraisemblablement s’attendre à ce qu’une peine pour l’infraction dont le délinquant a été déclaré coupable — avec ou sans une nouvelle période de surveillance de longue durée — protège de façon suffisante le public contre la perpétration par le délinquant d’un meurtre ou d’une infraction qui constitue des sévices graves à la personne.

Nouvelle surveillance de longue durée

(6) Dans le cas où la demande vise l’imposition d’une nouvelle période de surveillance de longue durée, le tribunal rend l’ordonnance imposant au délinquant une telle période en sus de la peine infligée pour l’infraction dont celui-ci a été déclaré coupable, sauf s’il est convaincu, sur le fondement des éléments mis en preuve lors de l’audition de la demande, que l’on peut vraisemblablement s’attendre à ce que la peine seule protège de façon suffisante le public contre la perpétration par le délinquant d’un meurtre ou d’une infraction qui constitue des sévices graves à la personne.

2008, ch. 6, art. 43.

Éléments de preuve fournis par la victime

753.02 Tout élément de preuve fourni, au moment de l’audition de la demande visée au paragraphe 753(1), par la victime d’une infraction dont le délinquant a été déclaré coupable est réputé avoir également été fourni au cours de toute audience tenue au titre de l’alinéa 753(5)a) ou des paragraphes 753.01(5) ou (6) à l’égard du délinquant.

2008, ch. 6, art. 43.

Demande de déclaration — délinquant à contrôler

753.1 (1) Sur demande faite, en vertu de la présente partie, postérieurement au dépôt du rapport d’évaluation visé au paragraphe 752.1(2), le tribunal peut déclarer que le délinquant est un délinquant à contrôler, s’il est convaincu que les conditions suivantes sont réunies :

a) il y a lieu d’imposer au délinquant une peine minimale d’emprisonnement de deux ans pour l’infraction dont il a été déclaré coupable;

b) celui-ci présente un risque élevé de récidive;

c) il existe une possibilité réelle que ce risque puisse être maîtrisé au sein de la collectivité.

Risque élevé de récidive

(2) Le tribunal est convaincu que le délinquant présente un risque élevé de récidive si :

a) d’une part, celui-ci a été déclaré coupable d’une infraction visée aux articles 151 (contacts sexuels), 152 (incitation à des contacts sexuels) ou 153 (exploitation sexuelle), aux paragraphes 163.1(2) (production de pornographie juvénile), 163.1(3) (distribution de pornographie juvénile), 163.1(4) (possession de pornographie juvénile) ou 163.1(4.1) (accès à la pornographie juvénile), à l’article 172.1 (leurre), au paragraphe 173(2) (exhibitionnisme) ou aux articles 271 (agression sexuelle), 272 (agression sexuelle armée) ou 273 (agression sexuelle grave), ou a commis un acte grave de nature sexuelle lors de la perpétration d’une autre infraction dont il a été déclaré coupable;

b) d’autre part :

(i) soit le délinquant a accompli des actes répétitifs, notamment celui qui est à l’origine de l’infraction dont il a été déclaré coupable, qui permettent de croire qu’il causera vraisemblablement la mort de quelque autre personne ou causera des sévices ou des dommages psychologiques graves à d’autres personnes,

(ii) soit sa conduite antérieure dans le domaine sexuel, y compris lors de la perpétration de l’infraction dont il a été déclaré coupable, laisse prévoir que vraisemblablement il causera à l’avenir de ce fait des sévices ou autres maux à d’autres personnes.

Délinquant déclaré délinquant à contrôler

(3) S’il déclare que le délinquant est un délinquant à contrôler, le tribunal lui inflige une peine minimale d’emprisonnement de deux ans pour l’infraction dont il a été déclaré coupable et ordonne qu’il soit soumis, pour une période maximale de dix ans, à une surveillance de longue durée.

Exception — demande présentée après l’imposition de la peine

(3.1) Le tribunal ne peut toutefois imposer la peine visée au paragraphe (3) au délinquant qu’il déclare délinquant à contrôler — et la peine qui a été imposée à celui-ci pour l’infraction dont il a été déclaré coupable demeure — si la demande a été :

a) d’une part, présentée après que le délinquant a commencé à purger sa peine dans les cas où les conditions visées aux alinéas 753(2)a) et b) sont réunies;

b) d’autre part, considérée comme une demande présentée en vertu du présent article à la suite de la décision du tribunal de la considérer comme telle au titre de l’alinéa 753(5)a).

(4) et (5) [Abrogés, 2008, ch. 6, art. 44]

Délinquant non déclaré délinquant à contrôler

(6) S’il ne déclare pas que le délinquant est un délinquant à contrôler, le tribunal lui impose une peine pour l’infraction dont il a été déclaré coupable.

1997, ch. 17, art. 4; 2002, ch. 13, art. 76; 2008, ch. 6, art. 44.

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Surveillance de longue durée

753.2 (1) Sous réserve du paragraphe (2), le délinquant soumis à une surveillance de longue durée est surveillé au sein de la collectivité en conformité avec la Loi sur le système correctionnel et la mise en liberté sous condition lorsqu’il a terminé de purger :

a) d’une part, la peine imposée pour l’infraction dont il a été déclaré coupable;

b) d’autre part, toutes autres peines d’emprisonnement imposées pour des infractions dont il est déclaré coupable avant ou après la déclaration de culpabilité pour l’infraction visée à l’alinéa a).

Peine purgée concurremment avec la surveillance

(2) Toute peine — autre que carcérale — infligée au délinquant visé au paragraphe (1) est purgée concurremment avec la surveillance de longue durée.

Réduction de la période de surveillance

(3) Le délinquant soumis à une surveillance de longue durée peut — tout comme un membre de la Commission nationale des libérations conditionnelles ou, avec l’approbation de celle-ci, son surveillant de liberté conditionnelle au sens du paragraphe 134.2(2) de la Loi sur le système correctionnel et la mise en liberté sous condition — demander à la cour supérieure de juridiction criminelle de réduire la période de surveillance ou d’y mettre fin pour le motif qu’il ne présente plus un risque élevé de

récidive et, de ce fait, n’est plus une menace pour la collectivité, le fardeau de la preuve incombant au demandeur.

Avis au procureur général

(4) La personne qui fait la demande au titre du paragraphe (3) en avise le procureur général lors de sa présentation.

1997, ch. 17, art. 4; 2008, ch. 6, art. 45.

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Défaut de se conformer à une surveillance de longue durée

753.3 (1) Le délinquant qui, sans excuse raisonnable, omet ou refuse de se conformer à la surveillance de longue durée à laquelle il est soumis est coupable d’un acte criminel et passible d’un emprisonnement maximal de dix ans.

En quel lieu l’accusé peut être jugé et puni

(2) Un accusé qui est inculpé d’une infraction aux termes du paragraphe (1) peut être jugé et condamné par tout tribunal ayant juridiction pour juger cette infraction au lieu où l’infraction est présumée avoir été commise, ou au lieu où l’accusé est trouvé, est arrêté ou est sous garde, mais si le lieu où l’accusé est trouvé, est arrêté ou est sous garde est à l’extérieur de la province où l’infraction est présumée avoir été commise, aucune poursuite concernant cette infraction ne devra être engagée en ce lieu sans le consentement du procureur général de cette province.

1997, ch. 17, art. 4; 2008, ch. 6, art. 46.

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Nouvelle infraction

753.4 (1) Dans le cas où un délinquant commet une ou plusieurs infractions prévues par la présente loi ou une loi quelconque alors qu’il est soumis à une surveillance de longue durée et où un tribunal lui inflige une peine d’emprisonnement pour cette ou ces infractions, la surveillance est interrompue jusqu’à ce que le délinquant ait terminé de purger toutes les peines, à moins que le tribunal ne mette fin à la surveillance.

Réduction de la durée de la surveillance

(2) Le tribunal qui impose la peine d’emprisonnement peut ordonner la réduction de la durée de la surveillance.

1997, ch. 17, art. 4; 2008, ch. 6, art. 47.

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Audition des demandes

754. (1) Sauf s’il s’agit d’une demande de renvoi pour évaluation, le tribunal ne peut entendre une demande faite sous le régime de la présente partie que dans le cas suivant :

a) le procureur général de la province où le délinquant a été jugé y a consenti, soit avant ou après la présentation de la demande;

b) le poursuivant a donné au délinquant un préavis d’au moins sept jours francs après la présentation de la demande indiquant ce sur quoi la demande se fonde;

c) une copie de l’avis a été déposée auprès du greffier du tribunal ou du juge de la cour provinciale.

Absence de jury

(2) La demande faite en vertu de la présente partie est entendue et décidée par le tribunal en l’absence du jury.

Inutilité de la preuve

(3) Aux fins d’une demande faite en vertu de la présente partie, lorsqu’un déliquant admet des allégations figurant à l’avis mentionné à l’alinéa (1)b), il n’est pas nécessaire d’en faire la preuve.

Présomption de consentement

(4) La production d’un document contenant apparemment une nomination que peut faire, ou un consentement que peut donner, le procureur général en vertu de la présente partie, et apparemment signé par le procureur général fait preuve, en l’absence de preuve contraire, de cette nomination ou de ce consentement sans qu’il soit nécessaire de prouver la signature ou la qualité officielle de la personne l’ayant apparemment signé.

L.R. (1985), ch. C-46, art. 754; L.R. (1985), ch. 27 (1er suppl.), art. 203; 2008, ch. 6, art. 48.

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Exception à la surveillance de longue durée : emprisonnement à perpétuité

755. (1) Le tribunal ne rend pas d’ordonnance de surveillance de longue durée si le délinquant est condamné à l’emprisonnement à perpétuité.

Durée maximale de la surveillance de longue durée

(2) La durée maximale de la surveillance de longue durée à laquelle le délinquant est soumis à tout moment est de dix ans.

L.R. (1985), ch. C-46, art. 755; 1997, ch. 17, art. 5; 2008, ch. 6, art. 49.

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756. [Abrogé, 1997, ch. 17, art. 5]

Preuve de sa moralité

757. Sans préjudice du droit pour le délinquant de présenter une preuve concernant sa moralité ou sa réputation, une preuve de ce genre peut, si le tribunal l’estime opportun, être admise :

a) sur la question de savoir si le délinquant est ou non un délinquant dangereux ou un délinquant à contrôler;

b) relativement à la peine à infliger ou à l’ordonnance à rendre sous le régime de la présente partie.

L.R. (1985), ch. C-46, art. 757; 1997, ch. 17, art. 5; 2008, ch. 6, art. 50.

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Présence de l’accusé à l’audition de la demande

758. (1) Le délinquant doit être présent à l’audition de la demande en vertu de la présente partie et, au moment où la demande doit être entendue :

a) s’il est enfermé dans une prison, le tribunal peut ordonner, par écrit, à la personne ayant la garde de l’accusé, de le faire comparaître devant lui;

b) s’il n’est pas enfermé dans une prison, le tribunal émet une sommation ou un mandat pour enjoindre à l’accusé d’être présent devant lui et les dispositions de la partie XVI concernant la sommation et le mandat s’appliquent, compte tenu des adaptations de circonstance.

Exception

(2) Nonobstant le paragraphe (1), le tribunal peut :

a) faire expulser le délinquant, s’il se conduit mal en interrompant les procédures de telle sorte qu’il ne serait pas possible de continuer les procédures en sa présence;

b) permettre au délinquant d’être absent du tribunal pendant la totalité ou une partie de l’audition, aux conditions que le tribunal estime à propos.

S.R., ch. C-34, art. 693; 1976-77, ch. 53, art. 14.

Appel par le délinquant

759. (1) Le délinquant déclaré délinquant dangereux ou délinquant à contrôler peut interjeter appel à la cour d’appel de toute décision rendue sous le régime de la présente partie, sur toute question de droit ou de fait ou toute question mixte de droit et de fait.

(1.1) [Abrogé, 2008, ch. 6, art. 51]

Appel par le procureur général

(2) Le procureur général peut interjeter appel à la cour d’appel de toute décision rendue sous le régime de la présente partie, sur toute question de droit.

Décision sur appel

(3) La cour d’appel peut prendre l’une des décisions suivantes :

a) admettre l’appel et :

(i) soit déclarer que le délinquant est ou non un délinquant dangereux ou un délinquant à contrôler ou infliger une peine qui aurait pu être infligée par le tribunal de première instance sous le régime de la présente partie ou rendre une ordonnance qui aurait pu être ainsi rendue,

(ii) soit ordonner une nouvelle audience conformément aux instructions qu’elle estime appropriées;

b) rejeter l’appel.

(3.1) et (3.2) [Abrogés, 2008, ch. 6, art. 51]

Effet de la décision

(4) La décision de la cour d’appel est assimilée à une décision du tribunal de première instance.

(4.1) à (5) [Abrogés, 2008, ch. 6, art. 51]

Commencement de la sentence

(6) Par dérogation au paragraphe 719(1), la sentence que la cour d’appel impose à un délinquant en conformité avec le présent article est réputée avoir commencé lorsque le délinquant a été condamné par le tribunal qui l’a déclaré coupable.

La partie XXI s’applique aux appels

(7) Les dispositions de la partie XXI relatives à la procédure sur appel s’appliquent, compte tenu des adaptations de circonstance, aux appels prévus par le présent article.

L.R. (1985), ch. C-46, art. 759; 1995, ch. 22, art. 10; 1997, ch. 17, art. 6; 2008, ch. 6, art. 51.

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Avertissement du Service correctionnel du Canada

760. Le tribunal qui déclare qu’un délinquant est un délinquant dangereux ou un délinquant à contrôler doit ordonner que soit remise au Service correctionnel du Canada, à titre d’information, avec les notes sténographiques du procès, copie des rapports et témoignages des psychiatres, psychologues, criminologues et autres experts, ainsi que des observations faites par le tribunal, portant sur les motifs de la déclaration.

L.R. (1985), ch. C-46, art. 760; 1997, ch. 17, art. 7.

Révision

761. (1) Sous réserve du paragraphe (2), la Commission nationale des libérations conditionnelles examine les antécédents et la situation des personnes mises sous garde en vertu d’une sentence de détention dans un pénitencier pour une période indéterminée dès l’expiration d’un délai de sept ans à compter du jour où ces personnes ont été mises sous garde et, par la suite, tous les deux ans au plus tard, afin d’établir s’il y a lieu de les libérer conformément à la partie II de la Loi sur le système correctionnel et la mise en liberté sous condition et, dans l’affirmative, à quelles conditions.

Idem

(2) La Commission nationale des libérations conditionnelles examine, au moins une fois par an, les antécédents et la situation des personnes mises sous garde en vertu d’une sentence de détention dans un pénitencier pour une période indéterminée imposée avant le 15 octobre 1977 afin d’établir s’il y a lieu de les libérer conformément à la partie II de la Loi sur le système correctionnel et la mise en liberté sous condition et, dans l’affirmative, à quelles conditions.

L.R. (1985), ch. C-46, art. 761; 1992, ch. 20, art. 215; 1997, ch. 17, art. 8.

PARTIE XXV

EFFET ET MISE À EXÉCUTION DES ENGAGEMENTS Demande de confiscation d’engagements

762. (1) Les demandes portant confiscation d’engagements sont adressées aux tribunaux, désignés dans la colonne II de l’annexe, des provinces respectives indiquées à la colonne I de l’annexe.

Définitions

(2) Les définitions qui suivent s’appliquent à la présente partie.

« annexe »

“schedule”

« annexe » L’annexe à la présente partie.

« greffier du tribunal »

“clerk of the court”

« greffier du tribunal » Le fonctionnaire désigné dans la colonne III de l’annexe en ce qui concerne le tribunal indiqué à la colonne II de l’annexe.

S.R., ch. C-34, art. 696.

L’engagement continue à lier

763. Lorsqu’une personne est tenue, par engagement, de comparaître devant un tribunal, un juge de paix ou un juge de la cour provinciale pour une fin quelconque et que la session de ce tribunal ou les procédures sont ajournées, ou qu’une ordonnance est rendue pour changer le lieu du procès, cette personne et ses cautions continuent d’être liées par l’engagement de la même manière que s’il avait été contracté à l’égard des procédures reprises ou du procès aux date, heure et lieu où la reprise des procédures ou la tenue du procès est ordonnée.

L.R. (1985), ch. C-46, art. 763; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Responsabilité des cautions

764. (1) Lorsqu’un prévenu est tenu, aux termes d’un engagement, de comparaître pour procès, son interpellation ou la déclaration de sa culpabilité ne libère pas de l’engagement, mais l’engagement continue de lier le prévenu et ses cautions, s’il en existe, pour sa comparution jusqu’à ce que le prévenu soit élargi ou condamné, selon le cas.

Incarcération ou nouvelles cautions

(2) Nonobstant le paragraphe (1), le tribunal, le juge de paix ou le juge de la cour provinciale peut envoyer un prévenu en prison ou exiger qu’il fournisse de nouvelles cautions ou des cautions supplémentaires pour sa comparution jusqu’à ce qu’il soit élargi ou condamné, selon le cas.

Effet de l’envoi en prison

(3) Les cautions d’un prévenu qui est tenu, par engagement, de comparaître pour procès sont libérées si le prévenu est envoyé en prison selon le paragraphe (2).

Inscription sur l’engagement

(4) Les dispositions de l’article 763 et des paragraphes (1) à (3) du présent article sont inscrites sur tout engagement contracté en vertu de la présente loi.

L.R. (1985), ch. C-46, art. 764; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Effet d’une arrestation subséquente

765. Lorsqu’un prévenu est tenu, aux termes d’un engagement, de comparaître pour procès, son arrestation sur une autre inculpation n’annule pas l’engagement, mais l’engagement continue de lier le prévenu et ses cautions, s’il en est, pour sa comparution jusqu’à ce que le prévenu soit élargi ou condamné, selon le cas, à l’égard de l’infraction que vise l’engagement.

S.R., ch. C-34, art. 699.

Remise de l’accusé par les cautions

766. (1) Une caution d’une personne tenue, aux termes d’un engagement, de comparaître peut, par une requête écrite à un tribunal, un juge de paix ou un juge de la cour provinciale, demander à être relevée de son obligation aux termes de l’engagement, et le tribunal, le juge de paix ou le juge de la cour provinciale émet dès lors par écrit une ordonnance pour l’envoi de cette personne à la prison la plus rapprochée de l’endroit où elle était tenue, par l’engagement, de comparaître.

Arrestation

(2) Une ordonnance prévue au paragraphe (1) est décernée à la caution et, dès sa réception, la caution ou tout agent de la paix peut arrêter la personne nommée dans l’ordonnance et la remettre en même temps que l’ordonnance au gardien de la prison y nommée; le gardien la reçoit et l’emprisonne jusqu’à ce qu’elle soit élargie en conformité avec la loi.

Certificat et enregistrement de la remise

(3) Lorsqu’un tribunal, un juge de paix ou un juge de la cour provinciale qui émet une ordonnance selon le paragraphe (1) reçoit du shérif un certificat portant que la personne nommée dans l’ordonnance a été envoyée en prison selon le paragraphe (2), il ordonne qu’une inscription de l’envoi en prison soit portée sur l’engagement.

Libération des cautions

(4) Une inscription prévue au paragraphe (3) annule l’engagement et libère les cautions.

L.R. (1985), ch. C-46, art. 766; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Remise de l’accusé au tribunal, par les cautions

767. Une caution d’une personne tenue, par engagement, de comparaître peut l’amener devant le tribunal où elle est requise de comparaître, à tout moment pendant les sessions du tribunal et avant son procès, et la caution peut se libérer de son obligation prévue par l’engagement en remettant cette personne à la garde du tribunal, qui l’envoie alors en prison jusqu’à ce qu’elle soit élargie en conformité avec la loi.

S.R., ch. C-34, art. 701.

Nouvelles cautions

767.1 (1) Nonobstant le paragraphe 766(1) et l’article 767, lorsque, en conformité avec l’article 767, une caution d’une personne tenue par engagement de comparaître amène celle-ci devant le tribunal ou demande d’être dégagée de son obligation en vertu de l’engagement, en conformité avec le paragraphe 766(1), le tribunal, le juge de paix ou le juge de la cour provinciale, selon le cas, peut, au lieu de faire emprisonner la personne ou de rendre une ordonnance pour son emprisonnement, permettre qu’une autre caution soit substituée aux termes de l’engagement.

Signature de l’engagement par la nouvelle caution

(2) Lorsqu’une nouvelle caution est substituée aux termes d’un engagement en vertu du paragraphe (1) et qu’elle signe l’engagement, la première caution est libérée de son obligation mais l’engagement et l’ordonnance de mise en liberté provisoire en vertu de laquelle l’engagement a été contracté ne sont pas touchés autrement.

L.R. (1985), ch. 27 (1er suppl.), art. 167.

Sauvegarde des droits des cautions

768. La présente partie n’a pas pour effet de limiter ni de restreindre un droit, pour une caution, d’arrêter et de faire mettre sous garde une personne dont elle est caution aux termes d’un engagement.

S.R., ch. C-34, art. 702.

Application des dispositions relatives à la mise en liberté provisoire par voie judiciaire

769. Lorsqu’une personne a été remise sous garde par sa caution et a été envoyée en prison, les dispositions des parties XVI, XXI et XXVII concernant la mise en liberté provisoire par voie judiciaire s’appliquent, compte tenu des adaptations de circonstance, à son sujet et elle doit être immédiatement conduite devant un juge de paix ou un juge comme prévenu sous l’inculpation d’infraction ou comme appelant, selon le cas, pour l’application de ces dispositions.

S.R., ch. C-34, art. 703; S.R., ch. 2(2e suppl.), art. 14.

Un manquement est inscrit

770. (1) Lorsque, dans des procédures visées par la présente loi, une personne liée par engagement ne se conforme pas à une condition de l’engagement, un tribunal, un juge de paix ou un juge de la cour provinciale connaissant les faits inscrit ou fait inscrire sur l’engagement un certificat rédigé selon la formule 33 indiquant :

a) la nature du manquement;

b) la raison du manquement, si elle est connue;

c) si les fins de la justice ont été frustrées ou retardées en raison du manquement;

d) les noms et adresses du cautionné et des cautions.

Transmission au greffier du tribunal

(2) Un engagement sur lequel est inscrit un certificat en conformité avec le paragraphe (1) est envoyé au greffier du tribunal et conservé par lui aux archives du tribunal.

Un certificat constitue une preuve

(3) Un certificat inscrit sur un engagement en conformité avec le paragraphe (1) constitue une preuve du manquement auquel il se rapporte.

Transmission du dépôt

(4) Lorsque, dans des procédures auxquelles s’applique le présent article, le cautionné ou la caution a déposé de l’argent à titre de garantie pour l’accomplissement d’une condition d’engagement, cet argent est envoyé au greffier du tribunal avec l’engagement qui a fait l’objet du manquement, pour être traité en conformité avec la présente partie.

L.R. (1985), ch. C-46, art. 770; L.R. (1985), ch. 27 (1er suppl.), art. 203; 1997, ch. 18, art. 108.

Procédure en cas de manquement

771. (1) Lorsqu’un engagement a été endossé d’un certificat aux termes de l’article 770 et a été reçu par le greffier du tribunal en conformité avec cet article :

a) un juge du tribunal fixe, à la demande du greffier du tribunal ou du procureur général ou de l’avocat agissant en son nom, les date, heure et lieu pour l’audition d’une demande en vue de la confiscation de l’engagement;

b) le greffier du tribunal, au moins dix jours avant la date fixée en vertu de l’alinéa a) pour l’audition, envoie par courrier recommandé ou fait signifier de la manière prescrite par le tribunal ou par les règles de pratique, à chaque cautionné et à chaque caution que nomme l’engagement, à l’adresse indiquée dans le certificat, un avis lui enjoignant de comparaître aux lieu et date indiqués par le juge afin d’exposer les raisons pour lesquelles l’engagement ne devrait pas être confisqué.

Ordonnance du juge

(2) Lorsque ont été observées les dispositions du paragraphe (1), le juge peut, après avoir donné aux parties l’occasion de se faire entendre, à sa discrétion agréer ou rejeter la demande et décerner toute ordonnance, concernant la confiscation de l’engagement, qu’il estime à propos.

Débiteurs de la Couronne à la suite d’un jugement

(3) Lorsque, en vertu du paragraphe (2), un juge ordonne la confiscation de l’engagement, le cautionné et ses cautions deviennent débiteurs, par jugement, de la Couronne, chacun au montant que le juge lui ordonne de payer.

Ordonnance peut être déposée

(3.1) Une ordonnance rendue en vertu du paragraphe (2) peut être déposée auprès du greffier de la cour supérieure et, lorsque l’ordonnance est déposée, celui-ci délivre un bref de saisie-exécution rédigé selon la formule 34 et le remet au shérif de chacune des circonscriptions territoriales dans lesquelles soit le cautionné soit l’une de ses cautions réside, exerce une activité commerciale ou a des biens.

Transfert du dépôt

(4) Lorsqu’une personne contre qui est rendue une ordonnance de confiscation d’engagement a fait un dépôt, il n’est pas émis de bref de saisie-exécution, mais le montant du dépôt est transféré par la personne qui en a la garde à celle qui, selon la loi, a le droit de le recevoir.

L.R. (1985), ch. C-46, art. 771; L.R. (1985), ch. 27 (1er suppl.), art. 168; 1994, ch. 44, art. 78; 1999, ch. 5, art. 43.

Recouvrement en vertu du bref

772. (1) Lorsqu’un bref de saisie-exécution est émis en conformité avec l’article 771, le shérif à qui il est remis l’exécute et en traite le produit de la même manière qu’il est autorisé à exécuter des brefs de saisie-exécution émanant des cours supérieures de la province dans des procédures civiles et à traiter leur produit.

Frais

(2) Dans les cas où le présent article s’applique, la Couronne a droit aux frais d’exécution et de procédures y accessoires qui sont fixés, dans la province de Québec, par tout tarif applicable devant la Cour supérieure dans des procédures civiles et, dans toute autre province, par un tarif applicable devant la cour supérieure de la province dans des procédures civiles, selon que le juge peut l’ordonner.

S.R., ch. C-34, art. 706.

Incarcération lorsqu’il n’est pas satisfait à un bref

773. (1) Lorsqu’un bref de saisie-exécution a été décerné sous le régime de la présente partie et qu’il appert, d’un certificat dans un rapport du shérif, qu’il est impossible de trouver suffisamment de biens, effets, terrains et bâtiments pour satisfaire au bref, ou que le produit de l’exécution du bref n’est pas suffisant pour satisfaire au bref, un juge du tribunal peut, à la demande du procureur général ou de l’avocat agissant en son nom, déterminer les date, heure et lieu où les cautions devront démontrer pourquoi un mandat de dépôt ne devrait pas être émis contre eux.

Avis

(2) Il est donné aux cautions un avis de sept jours francs des date, heure et lieu déterminés pour l’audition conformément au paragraphe (1).

Audition

(3) Lors de l’audition mentionnée au paragraphe (1), le juge s’enquiert des circonstances de la cause, et, à sa discrétion, il peut :

a) ordonner la libération du montant dont cette caution est responsable;

b) rendre, à l’égard de cette caution, et de son emprisonnement, l’ordonnance qu’il estime appropriée aux circonstances, et émettre un mandat de dépôt rédigé selon la formule 27.

Mandat de dépôt

(4) Un mandat de dépôt émis aux termes du présent article autorise le shérif à prendre sous garde la personne à l’égard de laquelle le mandat a été émis et à l’enfermer dans une prison de la circonscription territoriale où le bref a été décerné ou dans la prison la plus rapprochée du tribunal, jusqu’à ce que satisfaction soit faite ou jusqu’à ce qu’expire la période d’emprisonnement que le juge a déterminée.

Définition de « procureur général »

(5) Au présent article et à l’article 771, « procureur général » désigne, lorsque s’applique le paragraphe 734.4(2), le procureur général du Canada.

L.R. (1985), ch. C-46, art. 773; 1995, ch. 22, art. 10.

PARTIE XXVI

RECOURS EXTRAORDINAIRES Application de la présente partie

774. La présente partie s’applique aux procédures pénales par voie de certiorari, d’habeas corpus, de mandamus, de procedendo et de prohibition.

L.R. (1985), ch. C-46, art. 774; L.R. (1985), ch. 27 (1er suppl.), art. 169.

Demande d’habeas corpus

774.1 Malgré les autres dispositions de la présente loi, la personne à l’égard de laquelle une demande de bref d’habeas corpus a été présentée doit se présenter en personne devant le tribunal.

2002, ch. 13, art. 77.

Détention sur enquête quant à la légalité de l’emprisonnement

775. Lorsque des procédures visées par la présente partie ont été engagées devant un juge ou un tribunal compétent, par une personne détenue du fait qu’elle est accusée ou qu’elle a été déclarée coupable d’une infraction, ou à l’égard de cette personne, afin qu’il soit

statué sur la légalité de son emprisonnement, le juge ou le tribunal peut, sans statuer sur la question, rendre une ordonnance en vue de la détention ultérieure de cette personne et prescrire que le juge, le juge de paix ou le juge de la cour provinciale sur le mandat duquel elle est détenue, ou que tout autre juge, juge de paix ou juge de la cour provinciale prenne les mesures, entende les témoignages ou accomplisse toute autre chose qui, de l’avis du juge ou du tribunal, serviront le mieux les fins de la justice.

L.R. (1985), ch. C-46, art. 775; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Lorsque la condamnation ou l’ordonnance ne peut faire l’objet d’un nouvel examen

776. Aucune condamnation ou ordonnance ne peut être écartée par certiorari dans les cas suivants :

a) un appel a été interjeté, que l’appel ait été ou non poursuivi jusqu’à sa conclusion;

b) le défendeur a comparu et plaidé, l’affaire a été jugée au fond et un appel aurait pu être interjeté, mais le défendeur ne l’a pas interjeté.

S.R., ch. C-34, art. 710.

Lorsqu’il est possible de remédier à une condamnation ou ordonnance

777. (1) Aucune condamnation, aucune ordonnance ou aucun mandat pour l’exécution d’une condamnation ou ordonnance ne peut, lorsqu’il est évoqué par certiorari, être réputé invalide pour cause d’irrégularité, vice de forme ou insuffisance, si le tribunal ou le juge devant qui la question est soulevée, après avoir examiné les dépositions, est convaincu, à la fois :

a) qu’une infraction de la nature décrite dans la condamnation, l’ordonnance ou le mandat, selon le cas, a été commise;

b) qu’il existait une juridiction pour prononcer la condamnation, ou rendre l’ordonnance ou émettre le mandat, selon le cas;

c) que la peine imposée, s’il en est, n’excédait pas celle qui légalement aurait pu l’être;

toutefois, le tribunal ou le juge possède, pour agir à l’égard des procédures de la manière qu’il estime convenable, les mêmes pouvoirs que ceux qui sont conférés à un tribunal devant lequel un appel aurait pu être interjeté.

Correction de la peine

(2) Lorsque, dans des procédures auxquelles le paragraphe (1) s’applique, le tribunal ou le juge est convaincu qu’une personne a été régulièrement déclarée coupable d’une

infraction, mais que la peine imposée excède celle qui aurait pu légalement être imposée, le tribunal ou le juge :

a) ou bien corrige la sentence :

(i) si la peine est une amende, en imposant une amende non supérieure à l’amende maximale qui aurait pu légalement être imposée,

(ii) si la peine est l’emprisonnement et que la personne n’a pas purgé un emprisonnement aux termes de la sentence qui est égal ou supérieur à l’emprisonnement qui aurait pu légalement être imposé, en imposant un emprisonnement qui n’excède pas l’emprisonnement maximal qui aurait pu être légalement imposé,

(iii) si la peine consiste en une amende et un emprisonnement, en imposant une peine conforme au sous-alinéa (i) ou (ii), selon les exigences de l’espèce;

b) ou bien défère la question au juge, juge de paix ou juge de la cour provinciale qui a déclaré la personne coupable et lui ordonne d’imposer une peine non supérieure à celle qui peut être légalement imposée.

Modification

(3) Lorsqu’une décision est changée en vertu du paragraphe (1) ou (2), la condamnation et le mandat de dépôt, s’il en est, sont modifiés de manière à devenir conformes à la décision, telle qu’elle a été changée.

Suffisance des énonciations

(4) Toute énonciation qui apparaît dans une condamnation et qui est suffisante pour les objets de la condamnation l’est aux fins d’une dénonciation, sommation, ordonnance ou d’un mandat où elle se rencontre aux procédures.

L.R. (1985), ch. C-46, art. 777; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Irrégularités dans les limites de l’art. 777

778. Sans que soit limitée la portée générale de l’article 777, cet article est réputé s’appliquer dans les cas suivants :

a) l’énonciation de la décision ou de toute autre matière ou chose est faite au temps passé plutôt qu’au temps présent;

b) la peine imposée est moindre que celle qui aurait pu être imposée, en vertu de la loi, pour l’infraction paraissant avoir été commise, d’après les témoignages;

c) il y a eu omission de nier des circonstances dont l’existence aurait rendu légal l’acte dont il est porté plainte, que ces circonstances soient énoncées par voie d’exception ou autrement dans la disposition aux termes de laquelle l’infraction est imputée, ou soient énoncées dans une autre disposition.

S.R., ch. C-34, art. 712.

Ordonnance générale de cautionnement par engagement

779. (1) Un tribunal compétent pour annuler une condamnation, ordonnance ou autre procédure sur certiorari peut prescrire, au moyen d’une ordonnance générale, qu’aucune motion pour annuler une condamnation, ordonnance ou autre procédure de ce genre, évoquée devant le tribunal par certiorari, ne soit entendue à moins que le défendeur n’ait contracté un engagement, avec une ou plusieurs cautions suffisantes, devant un ou plusieurs juges de paix de la circonscription territoriale où la condamnation ou l’ordonnance a été rendue, ou devant un juge ou autre fonctionnaire, ou n’ait opéré le dépôt prescrit, portant comme condition qu’il poursuivra le bref de certiorari, à ses propres frais, sans retard volontaire, et, s’il en est requis, qu’il paiera à la personne en faveur de qui la condamnation, l’ordonnance ou autre procédure est confirmée, tous ses frais et dépens à taxer selon la pratique du tribunal devant lequel la condamnation, l’ordonnance ou la procédure est confirmée.

Les dispositions de la partie XXV

(2) Les dispositions de la partie XXV relatives à la confiscation des engagements s’appliquent à un engagement contracté en vertu du présent article.

S.R., ch. C-34, art. 713.

Effet d’une ordonnance rejetant une motion en annulation

780. Lorsqu’une motion aux fins d’annuler une condamnation, ordonnance ou autre procédure est rejetée, l’ordonnance du tribunal rejetant la demande constitue une autorisation suffisante pour que le greffier du tribunal retourne immédiatement la condamnation, l’ordonnance ou la procédure au tribunal ou à la personne dont elle a été retirée, et pour que soient exercées à cet égard des procédures en vue de leur exécution.

S.R., ch. C-34, art. 714.

Défaut de preuve d’un décret

781. (1) Aucune ordonnance, condamnation ou autre procédure ne peut être annulée ni écartée, et aucun défendeur ne peut être renvoyé, pour le seul motif qu’une preuve n’a pas été donnée :

a) d’une proclamation ou d’un décret du gouverneur en conseil ou du lieutenant­ gouverneur en conseil;

b) de règles établies, de règlements ou règlements administratifs pris par le gouverneur en conseil d’après une loi fédérale ou par le lieutenant-gouverneur en conseil aux termes d’une loi provinciale;

c) de la publication, dans la Gazette du Canada ou la gazette officielle de la province, d’une proclamation ou règle, d’un décret, règlement ou règlement administratif.

Connaissance d’office

(2) Les proclamations, décrets, règles, règlements et règlements administratifs mentionnés au paragraphe (1) et leur publication sont admis d’office.

S.R., ch. C-34, art. 715.

Vice de forme

782. Aucun mandat de dépôt ne peut, sur certiorari ou habeas corpus, être tenu pour nul du seul fait d’un défaut y contenu dans le cas suivant :

a) il est allégué dans le mandat que le défendeur a été déclaré coupable;

b) il existe une déclaration de culpabilité valide pour appuyer le mandat.

S.R., ch. C-34, art. 716.

Aucune action contre le fonctionnaire lorsqu’une condamnation, etc. est annulée

783. Lorsqu’une demande est présentée en vue de l’annulation d’une condamnation, ordonnance ou autre procédure faite ou maintenue par un juge de la cour provinciale agissant en vertu de la partie XIX ou un juge de paix pour le motif qu’il a outrepassé sa juridiction, le tribunal ou le juge à qui la demande est présentée peut, en annulant la condamnation, ordonnance ou autre procédure, ordonner qu’aucune procédure civile ne sera prise contre le juge de paix ou le juge de la cour provinciale ou contre un fonctionnaire qui a agi en vertu de la condamnation, ordonnance ou autre procédure, ou aux termes de tout mandat décerné pour son application.

L.R. (1985), ch. C-46, art. 783; L.R. (1985), ch. 27 (1er suppl.), art. 203.

Appel concernant un mandamus, etc.

784. (1) Appel peut être interjeté à la cour d’appel contre une décision qui accorde ou refuse le secours demandé dans des procédures par voie de mandamus, de certiorari ou de prohibition.

Application de la partie XXI

(2) Sauf disposition contraire du présent article, la partie XXI s’applique, compte tenu des adaptations de circonstance, aux appels interjetés sous le régime du présent article.

Rejet de la demande et appel

(3) Lorsqu’une demande de bref d’habeas corpus ad subjiciendum est refusée par un juge d’un tribunal compétent, aucune demande ne peut être présentée de nouveau pour les mêmes motifs, soit au même tribunal ou au même juge, soit à tout autre tribunal ou juge, à moins qu’une preuve nouvelle ne soit fournie, mais il y a appel de ce refus à la cour d’appel et, si lors de cet appel la demande est refusée, un nouvel appel peut être interjeté à la Cour suprême du Canada, si celle-ci l’autorise.

Si le bref est émis

(4) Lorsqu’un bref d’habeas corpus ad subjiciendum est émis par un juge, aucun appel de cette décision ne peut être interjeté à l’instance d’une partie quelconque, y compris le procureur général de la province en cause ou le procureur général du Canada.

Appel d’un jugement lors du rapport du bref

(5) Lorsqu’un jugement est délivré au moment du rapport d’un bref d’habeas corpus ad subjiciendum, il peut en être interjeté appel à la cour d’appel et il y a appel d’un jugement de ce tribunal à la Cour suprême du Canada, si celle-ci l’autorise, à l’instance du demandeur ou du procureur général de la province en cause ou du procureur général du Canada, mais non à l’instance de quelque autre partie.

Audition d’un appel

(6) Un appel en matière d’habeas corpus est entendu par le tribunal auquel il est adressé à une date rapprochée, que ce soit pendant les sessions prescrites du tribunal ou en dehors de cette période.

L.R. (1985), ch. C-46, art. 784; 1997, ch. 18, art. 109.

PARTIE XXVII

DÉCLARATIONS DE CULPABILITÉ PAR PROCÉDURE SOMMAIRE Définitions

Définitions

785. Les définitions qui suivent s’appliquent à la présente partie.

« cour des poursuites sommaires »

“summary conviction court”

« cour des poursuites sommaires » Personne qui a juridiction dans la circonscription territoriale où le sujet des procédures a pris naissance, d’après ce qui est allégué, et, selon le cas :

a) à qui la disposition en vertu de laquelle les procédures sont intentées confère une juridiction à leur égard;

b) qui est un juge de paix ou un juge de la cour provinciale, lorsque la disposition en vertu de laquelle les procédures sont intentées ne confère pas expressément juridiction à une personne ou catégorie de personnes;

c) qui est un juge de la cour provinciale, lorsque la disposition en vertu de laquelle les procédures sont intentées confère juridiction, en l’espèce, à deux ou plusieurs juges de paix.

« dénonciateur »

“informant”

« dénonciateur » Personne qui dépose une dénonciation.

« dénonciation »

“information”

« dénonciation » Sont assimilés à une dénonciation :

a) un chef dans une dénonciation;

b) une plainte à l’égard de laquelle un juge de paix est autorisé, par une loi fédérale ou une disposition établie sous son régime, à rendre une ordonnance.

« greffier de la cour d’appel »

“clerk of the appeal court”

« greffier de la cour d’appel » S’entend notamment d’un greffier local de la cour d’appel.

« ordonnance »

“order”

« ordonnance » Toute ordonnance, y compris une ordonnance pour le paiement d’une somme d’argent.

« poursuivant »

“prosecutor”

« poursuivant » Le procureur général ou le dénonciateur lorsque le procureur général n’intervient pas, y compris un avocat ou un mandataire agissant pour le compte de l’un ou de l’autre.

« procédures »

“proceedings”

« procédures »

a) Procédures à l’égard d’infractions qu’une loi fédérale, ou toute disposition établie sous son régime, déclare punissables sur déclaration de culpabilité par procédure sommaire;

b) procédures où un juge de paix est autorisé, par une loi fédérale ou une disposition établie sous son régime, à rendre une ordonnance.

« procès » ou « instruction »

“trial”

« procès » ou « instruction » S’entend notamment de l’audition d’une plainte.

« sentence », « peine » ou « condamnation »

“sentence”

« sentence », « peine » ou « condamnation » Y est assimilée :

a) la déclaration faite en vertu du paragraphe 199(3);

b) l’ordonnance rendue en vertu des paragraphes 109(1) ou 110(1), des articles 259 ou 261, des paragraphes 730(1) ou 737(3) ou (5) ou des articles 738, 739, 742.1 ou 742.3;

c) la décision prise en vertu des articles 731 ou 732 ou des paragraphes 732.2(3) ou (5), 742.4(3) ou 742.6(9);

d) d’une ordonnance rendue en vertu du paragraphe 16(1) de la Loi réglementant certaines drogues et autres substances.

L.R. (1985), ch. C-46, art. 785; L.R. (1985), ch. 27 (1er suppl.), art. 170 et 203; 1992, ch. 1, art. 58; 1995, ch. 22, art. 7, ch. 39, art. 156; 1996, ch. 19, art. 76; 1999, ch. 25, art. 23(préambule); 2002, ch. 13, art. 78; 2006, ch. 14, art. 7.

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Application de la présente partie

786. (1) Sauf disposition contraire de la loi, la présente partie s’applique aux procédures définies dans cette partie.

Prescription

(2) À moins d’une entente à l’effet contraire entre le poursuivant et le défendeur, les procédures se prescrivent par six mois à compter du fait en cause.

L.R. (1985), ch. C-46, art. 786; 1997, ch. 18, art. 110.

Peine Peine générale

787. (1) Sauf disposition contraire de la loi, toute personne déclarée coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire est passible d’une amende maximale de cinq mille dollars et d’un emprisonnement maximal de six mois, ou de l’une de ces peines.

Emprisonnement à défaut de paiement, etc. en l’absence d’une autre disposition

(2) Lorsque la loi autorise l’imposition d’une amende ou la prise d’une ordonnance pour le versement d’une somme d’argent, mais ne déclare pas qu’un emprisonnement peut être imposé à défaut du paiement de l’amende ou de l’observation de l’ordonnance, le tribunal peut ordonner que, à défaut du paiement de l’amende ou de l’observation de l’ordonnance, selon le cas, le défendeur soit emprisonné pour une période maximale de six mois.

(3) à (11) [Abrogés, L.R. (1985), ch. 27 (1er suppl.), art. 171]

L.R. (1985), ch. C-46, art. 787; L.R. (1985), ch. 27 (1er suppl.), art. 171; 2008, ch. 18, art. 44.

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Dénonciation Commencement des procédures

788. (1) Les procédures prévues à la présente partie débutent par le dépôt d’une dénonciation rédigée selon la formule 2.

Un seul juge de paix peut agir avant le procès

(2) Nonobstant toute autre loi exigeant qu’une dénonciation soit faite devant deux ou plusieurs juges de paix ou jugée par eux, un juge de paix peut :

a) recevoir la dénonciation;

b) émettre une sommation ou un mandat à l’égard de la dénonciation;

c) accomplir toutes autres choses préliminaires au procès.

S.R., ch. C-34, art. 723.

Formalités de la dénonciation

789. (1) Dans les procédures auxquelles la présente partie s’applique, la dénonciation :

a) est établie par écrit et sous serment;

b) peut imputer plus d’une infraction ou viser plus d’un sujet de plainte, mais lorsque plus d’une infraction est imputée ou que la dénonciation vise plus d’un sujet de plainte, chaque infraction ou sujet de plainte, selon le cas, doit être énoncé sous un chef distinct.

Aucune mention des condamnations antérieures

(2) Aucune dénonciation à l’égard d’une infraction pour laquelle, en raison de condamnations antérieures, il peut être imposé une plus forte peine, ne peut contenir une mention de condamnations antérieures.

S.R., ch. C-34, art. 724.

Tout juge de paix peut agir avant ou après le procès

790. (1) Les dispositions de la présente loi ou de toute autre loi n’ont pas pour effet d’exiger qu’un juge de paix devant qui des procédures sont commencées, ou qui émet des actes de procédure avant ou après le procès, soit le juge de paix ou un des juges de paix devant qui le procès a lieu.

Deux ou plusieurs juges de paix

(2) Lorsque deux ou plusieurs juges de paix ont juridiction quant à des procédures, ils doivent être présents et agir ensemble au procès, mais un seul juge de paix peut, par la suite, accomplir tout ce qui est requis ou autorisé relativement aux procédures.

(3) et (4) [Abrogés, L.R. (1985), ch. 27 (1er suppl.), art. 172]

L.R. (1985), ch. C-46, art. 790; L.R. (1985), ch. 27 (1er suppl.), art. 172.

791. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 173]

792. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 174]

Irrégularités et objections 793. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 175]

Nier une exception, etc.

794. (1) Il n’est pas nécessaire que soit énoncée ou niée, selon le cas, une exception, exemption, limitation, excuse ou réserve, prévue par le droit, dans la dénonciation.

Charge de la preuve

(2) Il incombe au défendeur de prouver qu’une exception, exemption, limitation, excuse ou réserve, prévue par le droit, joue en sa faveur; quant au poursuivant, il n’est pas tenu, si ce n’est à titre de réfutation, de prouver que l’exception, exemption, limitation, excuse ou réserve ne joue pas en faveur du défendeur, qu’elle soit ou non énoncée dans la dénonciation.

S.R., ch. C-34, art. 730.

Application Application des parties XVI, XVIII, XX et XX.1

795. Les dispositions des parties XVI et XVIII concernant les moyens de contraindre un prévenu à comparaître devant un juge de paix, et celles de la partie XX et XX.1, dans la mesure où elles ne sont pas incompatibles avec la présente partie, s’appliquent, avec les adaptations nécessaires, aux procédures prévues par la présente partie.

L.R. (1985), ch. C-46, art. 795; L.R. (1985), ch. 27 (1er suppl.), art. 176; 1991, ch. 43, art. 7.

796. et 797. [Abrogés, L.R. (1985), ch. 27 (1er suppl.), art. 176]

Procès Juridiction

798. Toute cour des poursuites sommaires a juridiction pour instruire, décider et juger les procédures que vise la présente partie dans la circonscription territoriale sur laquelle s’étend la juridiction de la personne qui constitue la cour.

S.R., ch. C-34, art. 733.

Non-comparution du poursuivant

799. Lorsque, dans des procédures que vise la présente partie, le défendeur comparaît pour le procès et que le poursuivant, ayant été dûment avisé, ne comparaît pas, la cour des poursuites sommaires peut rejeter la dénonciation ou ajourner le procès aux conditions qu’elle estime opportunes.

S.R., ch. C-34, art. 734.

Lorsque les deux parties comparaissent

800. (1) Lorsque le poursuivant et le défendeur comparaissent, la cour des poursuites sommaires procède à la tenue du procès.

Avocat ou représentant

(2) Un défendeur peut comparaître en personne ou par l’entremise d’un avocat ou représentant, mais la cour des poursuites sommaires peut exiger que le défendeur comparaisse en personne et, si elle le juge à propos, décerner un mandat selon la formule 7 pour l’arrestation du défendeur, et ajourner le procès en attendant sa comparution en application du mandat.

Présence à distance

(2.1) Le tribunal peut, avec le consentement du défendeur enfermé dans une prison, lui permettre de comparaître en utilisant la télévision en circuit fermé ou tout autre moyen permettant, d’une part, au tribunal et au défendeur de se voir et de communiquer simultanément et, d’autre part, au défendeur de communiquer en privé avec son avocat, s’il est représenté par un avocat.

Comparution d’une organisation

(3) Lorsque le défendeur est une organisation, celle-ci doit comparaître par avocat ou représentant, et, si elle ne comparaît pas, la cour des poursuites sommaires peut, sur preuve de la signification de la sommation, procéder ex parte à la tenue du procès.

L.R. (1985), ch. C-46, art. 800; 1997, ch. 18, art. 111; 2003, ch. 21, art. 21.

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Interpellation du défendeur

801. (1) Si le défendeur comparaît, on lui expose la substance de la dénonciation déposée contre lui, et on lui demande :

a) s’il admet ou nie sa culpabilité à la dénonciation, lorsque les procédures portent sur une infraction punissable sur déclaration de culpabilité par procédure sommaire;

b) s’il a quelque raison à faire valoir pour laquelle une ordonnance ne devrait pas être rendue contre lui, dans des procédures où un juge de paix est autorisé, par la loi, à rendre une ordonnance.

Déclaration de culpabilité, condamnation ou ordonnance si l’inculpation est admise

(2) Si le défendeur plaide coupable ou n’établit aucun motif suffisant pour lequel une ordonnance ne devrait pas être rendue contre lui, selon le cas, la cour des poursuites sommaires le condamne, l’absout en vertu de l’article 730 ou rend une ordonnance contre lui en conséquence.

Procédure en cas de dénégation

(3) Lorsque le défendeur nie sa culpabilité ou déclare avoir des motifs à exposer pour lesquels une ordonnance ne devrait pas être rendue contre lui, selon le cas, la cour des poursuites sommaires procède au procès et reçoit les dépositions des témoins, tant à charge qu’à décharge, en conformité avec les dispositions de la partie XVIII relatives aux enquêtes préliminaires.

(4) et (5) [Abrogés, L.R. (1985), ch. 27 (1er suppl.), art. 177]

L.R. (1985), ch. C-46, art. 801; L.R. (1985), ch. 27 (1er suppl.), art. 177, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 10.

Droit à réponse et défense complète

802. (1) Le poursuivant a le droit de conduire personnellement sa cause, et le défendeur a le droit d’y faire une réponse et défense complète.

Interrogatoire des témoins

(2) Le poursuivant ou le défendeur, selon le cas, peut interroger et contre-interroger les témoins personnellement ou par l’intermédiaire d’un avocat ou représentant.

Sous serment

(3) Chaque témoin à un procès, dans des procédures que vise la présente partie, est interrogé sous serment.

S.R., ch. C-34, art. 737.

Représentant

802.1 Malgré les paragraphes 800(2) et 802(2), le défendeur ne peut comparaître ou interroger ou contre-interroger des témoins par l’entremise d’un représentant si l’infraction est passible, sur déclaration de culpabilité par procédure sommaire, d’un emprisonnement de plus de six mois, sauf s’il est une personne morale ou si le représentant y est autorisé au titre d’un programme approuvé par le lieutenant-gouverneur en conseil de la province.

2002, ch. 13, art. 79.

Ajournement

803. (1) La cour des poursuites sommaires peut, à sa discrétion, ajourner un procès, même en cours, et le faire tenir aux lieu et date déterminés en présence des parties et leurs avocats ou représentants respectifs.

Non-comparution d’un défendeur

(2) Si le défendeur ou l’un des codéfendeurs ne comparaît pas aux date, heure et lieu fixés pour le procès après en avoir été avisé ou qu’il ne comparaît pas à la reprise d’un procès ajourné en conformité avec le paragraphe (1), la cour des poursuites sommaires :

a) peut procéder ex parte à l’audition et à la décision des procédures, en l’absence du défendeur ou du codéfendeur, comme s’il avait comparu;

b) peut, si elle le juge à propos, délivrer un mandat rédigé selon la formule 7 pour l’arrestation du défendeur ou du codéfendeur et ajourner le procès en attendant sa comparution en application de ce mandat.

Consentement du procureur général

(3) Lorsque la cour des poursuites sommaires procède de la manière indiquée à l’alinéa (2)a), aucune procédure visée à l’article 145 résultant de l’omission par le défendeur ou le codéfendeur de comparaître aux date, heure et lieu fixés pour le procès ou pour la reprise du procès ne peut être engagée ou continuée, sauf avec le consentement du procureur général.

Non-comparution du poursuivant

(4) Lorsque le poursuivant ne comparaît pas aux date, heure et lieu désignés pour la reprise d’un procès ajourné, la cour des poursuites sommaires peut rejeter la dénonciation avec ou sans frais.

(5) à (8) [Abrogés, 1991, ch. 43, art. 9]

L.R. (1985), ch. C-46, art. 803; 1991, ch. 43, art. 9; 1994, ch. 44, art. 79; 1997, ch. 18, art. 112; 2008, ch. 18, art. 45.

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Décision Déclaration de culpabilité, condamnation, ordonnance ou rejet

804. Lorsque la cour des poursuites sommaires a entendu le poursuivant, le défendeur et les témoins, elle doit, après avoir étudié l’affaire, déclarer le défendeur coupable, l’absoudre en vertu de l’article 730, rendre une ordonnance contre lui ou rejeter la dénonciation, selon le cas.

L.R. (1985), ch. C-46, art. 804; L.R. (1985), ch. 27 (1er suppl.), art. 178, ch. 1 (4e suppl.), art. 18(F); 1995, ch. 22, art. 10.

805. [Abrogé, L.R. (1985), ch. 27 (1er suppl.), art. 179]

Procès-verbal de la condamnation ou de l’ordonnance

806. (1) Lorsqu’un défendeur est déclaré coupable ou qu’une ordonnance est rendue à son égard, la cour des poursuites sommaires dresse, sans frais, un procès-verbal de la déclaration de culpabilité ou de l’ordonnance indiquant que l’affaire a été traitée sous le régime de la présente partie et, à la demande du défendeur, du poursuivant ou de toute autre personne, la cour fait rédiger une déclaration de culpabilité ou une ordonnance suivant la formule 35 ou 36, selon le cas, et en fait dresser une copie certifiée et la remet à la personne ayant présenté la demande.

Mandat de dépôt

(2) Lorsqu’un défendeur est déclaré coupable ou qu’une ordonnance est rendue contre lui, la cour des poursuites sommaires émet un mandat de dépôt selon la formule 21 ou 22, et l’article 528 s’applique à l’égard d’un mandat de dépôt émis sous l’autorité du présent paragraphe.

Admission en preuve de la copie

(3) La copie du mandat de dépôt délivré, suivant la formule 21, par le greffier du tribunal certifiée conforme par ce dernier est admise en preuve dans toute procédure.

L.R. (1985), ch. C-46, art. 806; L.R. (1985), ch. 27 (1er suppl.), art. 185(F); 1994, ch. 44, art. 80.

Emploi des amendes dans le cas de codélinquants

807. Lorsque plusieurs personnes se joignent pour accomplir la même infraction et que, sur déclaration de culpabilité, chacune est astreinte à payer un montant à une personne lésée, il ne peut être versé à cette dernière plus qu’un montant égal à la valeur de la propriété détruite ou endommagée ou au montant du dommage causé, avec les frais, s’il en existe, et le reste du montant déclaré payable sera affecté de la manière dont d’autres peines imposées par la loi sont appliquées.

S.R., ch. C-34, art. 742.

Ordonnance de rejet

808. (1) Lorsque la cour des poursuites sommaires rejette une dénonciation, elle peut, si le défendeur le demande, rédiger une ordonnance de rejet, et doit en donner au défendeur une copie certifiée.

Effet du certificat

(2) Une copie d’une ordonnance de rejet, certifiée d’après le paragraphe (1), constitue, sans autre preuve, une fin de non-recevoir à l’égard de toutes procédures subséquentes contre le défendeur pour la même affaire.

S.R., ch. C-34, art. 743.

Frais

809. (1) La cour des poursuites sommaires peut, à sa discrétion, adjuger et ordonner le paiement des frais qu’elle estime raisonnables et non incompatibles avec ceux des honoraires établis par l’article 840 qui peuvent être prélevés ou admis pour les procédures faites devant cette cour des poursuites sommaires :

a) au dénonciateur par le défendeur, lorsque la cour des poursuites sommaires déclare ce dernier coupable ou rend une ordonnance contre lui;

b) au défendeur par le dénonciateur, lorsque la cour des poursuites sommaires rejette une dénonciation.

L’ordonnance est énoncée

(2) Une ordonnance selon le paragraphe (1) est énoncée dans la déclaration de culpabilité, l’ordonnance ou l’ordonnance de rejet, selon le cas.

Frais compris dans l’amende

(3) Lorsqu’une amende ou une somme d’argent, ou les deux, sont déclarées payables par un défendeur, et qu’une période d’emprisonnement à défaut du paiement est imposée, le défendeur, faute de paiement, peut être mis dans l’obligation de purger la période d’emprisonnement imposée et, pour l’application du présent paragraphe, tous les frais adjugés contre le défendeur sont censés faire partie de l’amende ou de la somme d’argent déclarée payable.

En l’absence d’amende

(4) Lorsque aucune amende ou somme d’argent n’est déclarée payable par un défendeur, mais que des frais sont adjugés contre le défendeur ou le dénonciateur, la personne tenue de les payer est, à défaut de paiement, passible d’un emprisonnement d’un mois.

Définition de « frais »

(5) Au présent article, « frais » s’entend notamment des frais et charges, une fois déterminés, subis pour envoyer et conduire en prison la personne contre laquelle ils ont été adjugés.

S.R., ch. C-34, art. 744.

Engagement de ne pas troubler l’ordre public En cas de crainte de blessures ou dommages

810. (1) La personne qui craint, pour des motifs raisonnables, qu’une autre personne ne lui cause ou cause à son époux ou conjoint de fait ou à son enfant des lésions personnelles ou n’endommage sa propriété peut déposer une dénonciation devant un juge de paix. Une autre personne peut la déposer pour elle.

Devoir du juge de paix

(2) Un juge de paix qui reçoit une dénonciation prévue au paragraphe (1) fait comparaître les parties devant lui ou devant une cour des poursuites sommaires ayant juridiction dans la même circonscription territoriale.

Décision

(3) La cour des poursuites sommaires ou le juge de paix devant lequel les parties comparaissent peut, s’il est convaincu, par la preuve apportée, que les craintes de la personne pour qui la dénonciation est déposée sont fondées sur des motifs raisonnables :

a) ou bien ordonner que le défendeur contracte l’engagement, avec ou sans caution, de ne pas troubler l’ordre public et d’observer une bonne conduite pour toute période maximale

de douze mois, ainsi que de se conformer aux autres conditions raisonnables prescrites dans l’engagement, y compris celles visées aux paragraphes (3.1) et (3.2), que la cour estime souhaitables pour assurer la bonne conduite du défendeur;

b) ou bien envoyer le défendeur en prison pour une période maximale de douze mois, si le défendeur omet ou refuse de contracter l’engagement.

Condition

(3.1) Le juge de paix ou la cour des poursuites sommaires qui, en vertu du paragraphe (3), rend une ordonnance doit, s’il en arrive à la conclusion qu’il est souhaitable pour la sécurité du défendeur, ou pour celle d’autrui, de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, ordonner que celui-ci contracte l’engagement de n’avoir aucun des objets visés en sa possession pour la période indiquée dans l’engagement.

Remise

(3.11) Le cas échéant, l’ordonnance prévoit la façon de remettre, de détenir ou d’entreposer les objets visés au paragraphe (3.1) qui sont en la possession du défendeur, ou d’en disposer, et de remettre les autorisations, permis et certificats d’enregistrement dont celui-ci est titulaire.

Motifs

(3.12) Le juge de paix ou la cour des poursuites sommaires qui n’assortit pas l’ordonnance rendue en application du paragraphe (2) de la condition prévue au paragraphe (3.1) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Conditions supplémentaires

(3.2) Le juge de paix ou la cour des poursuites sommaires qui, en vertu du paragraphe (3), rend une ordonnance doit considérer s’il est souhaitable pour la sécurité du dénonciateur, de la personne pour qui elle dépose la dénonciation, de l’époux ou conjoint de fait de celle-ci ou de son enfant d’ajouter dans l’engagement l’une ou l’autre des conditions suivantes, ou les deux :

a) interdiction de se trouver aux lieux, ou dans un certain rayon de ceux-ci, spécifiés dans l’engagement, où se trouve régulièrement la personne pour qui la dénonciation a été déposée, son époux ou conjoint de fait ou son enfant;

b) interdiction de communiquer directement ou indirectement avec la personne pour qui la dénonciation a été déposée, avec son époux ou conjoint de fait ou avec son enfant.

Formules

(4) Un engagement et un mandat d’incarcération à défaut d’engagement prévus par le paragraphe (3) peuvent être rédigés selon les formules 32 et 23, respectivement.

Modification de l’engagement

(4.1) Le juge de paix ou la cour des poursuites sommaires peut, sur demande du dénonciateur ou du défendeur, modifier les conditions fixées dans l’engagement.

Procédure

(5) La présente partie s’applique, compte tenu des adaptations de circonstance, aux procédures relevant du présent article.

L.R. (1985), ch. C-46, art. 810; 1991, ch. 40, art. 33; 1994, ch. 44, art. 81; 1995, ch. 22, art. 8, ch. 39, art. 157; 2000, ch. 12, art. 95.

Crainte de certaines infractions

810.01 (1) Quiconque a des motifs raisonnables de craindre qu’une personne commettra une infraction prévue à l’article 423.1, une infraction d’organisation criminelle ou une infraction de terrorisme peut, avec le consentement du procureur général, déposer une dénonciation devant un juge d’une cour provinciale.

Comparution des parties

(2) Le juge qui reçoit la dénonciation peut faire comparaître les parties devant un juge de la cour provinciale.

Décision

(3) Le juge devant lequel les parties comparaissent peut, s’il est convaincu, par la preuve apportée, que les craintes du dénonciateur sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement de ne pas troubler l’ordre public et d’observer une bonne conduite pour une période maximale de douze mois.

Prolongation

(3.1) Toutefois, s’il est convaincu en outre que le défendeur a déjà été reconnu coupable d’une infraction visée au paragraphe (1), le juge peut lui ordonner de contracter l’engagement pour une période maximale de deux ans.

Refus de contracter un engagement

(4) Le juge peut infliger au défendeur qui omet ou refuse de contracter l’engagement une peine de prison maximale de douze mois.

Conditions de l’engagement

(4.1) S’il l’estime souhaitable pour garantir la bonne conduite du défendeur, le juge peut assortir l’engagement de conditions raisonnables lui intimant notamment :

a) de participer à un programme de traitement;

b) de porter un dispositif de surveillance à distance, si le procureur général en fait la demande;

c) de rester dans une région donnée, sauf permission écrite qu’il pourrait lui accorder;

d) de regagner sa résidence et d’y rester aux moments précisés dans l’engagement;

e) de s’abstenir de consommer des drogues — sauf sur ordonnance médicale —, de l’alcool ou d’autres substances intoxicantes.

Conditions — armes à feu

(5) Le juge doit décider s’il est souhaitable d’interdire au défendeur, pour sa sécurité ou celle d’autrui, d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, et, dans l’affirmative, il doit assortir l’engagement d’une condition à cet effet et y préciser la période d’application de celle-ci.

Remise

(5.1) Le cas échéant, l’engagement prévoit la façon de remettre, de détenir ou d’entreposer les objets visés au paragraphe (5) qui sont en la possession du défendeur, ou d’en disposer, et de remettre les autorisations, permis et certificats d’enregistrement dont celui-ci est titulaire.

Motifs

(5.2) Le juge qui n’assortit pas l’engagement de la condition prévue au paragraphe (5) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Modification des conditions

(6) Tout juge de la cour provinciale peut, sur demande du dénonciateur, du procureur général ou du défendeur, modifier les conditions fixées dans l’engagement.

Autres dispositions applicables

(7) Les paragraphes 810(4) et (5) s’appliquent, avec les adaptations nécessaires, aux engagements contractés en vertu du présent article.

1997, ch. 23, art. 19 et 26; 2001, ch. 32, art. 46, ch. 41, art. 22 et 133; 2002, ch. 13, art. 80; 2009, ch. 22, art. 19.

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Crainte d’une infraction d’ordre sexuel

810.1 (1) Quiconque a des motifs raisonnables de craindre que des personnes âgées de moins de seize ans seront victimes d’une infraction visée aux articles 151, 152, 155 ou 159, aux paragraphes 160(2) ou (3), aux articles 163.1, 170, 171 ou 172.1, au paragraphe 173(2) ou aux articles 271, 272 ou 273 peut déposer une dénonciation devant un juge d’une cour provinciale, même si les personnes en question n’y sont pas nommées.

Comparution des parties

(2) Le juge qui reçoit la dénonciation peut faire comparaître les parties devant un juge de la cour provinciale.

Décision

(3) Le juge devant lequel les parties comparaissent peut, s’il est convaincu par la preuve apportée que les craintes du dénonciateur sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement de ne pas troubler l’ordre public et d’avoir une bonne conduite pour une période maximale de douze mois.

Prolongation

(3.01) Toutefois, s’il est convaincu en outre que le défendeur a déjà été reconnu coupable d’une infraction d’ordre sexuel à l’égard d’une personne âgée de moins de seize ans, le juge peut lui ordonner de contracter l’engagement pour une période maximale de deux ans.

Conditions de l’engagement

(3.02) Le juge peut assortir l’engagement des conditions raisonnables qu’il estime souhaitables pour garantir la bonne conduite du défendeur, notamment celles lui intimant :

a) ne pas se livrer à des activités qui entraînent des contacts avec des personnes âgées de moins de seize ans, notamment utiliser un ordinateur au sens du paragraphe 342.1(2) dans le but de communiquer avec une personne âgée de moins de seize ans;

b) ne pas se trouver dans un parc public ou une zone publique où l’on peut se baigner, s’il s’y trouve des personnes âgées de moins de seize ans ou s’il est raisonnable de s’attendre à ce qu’il s’y en trouve, ou dans une garderie, une cour d’école ou un terrain de jeu;

c) de participer à un programme de traitement;

d) de porter un dispositif de surveillance à distance, si le procureur général demande l’ajout de cette condition;

e) de rester dans une région désignée, sauf permission écrite donnée par le juge;

f) de regagner sa résidence et d’y rester aux moments précisés dans l’engagement;

g) de s’abstenir de consommer des drogues — sauf sur ordonnance médicale —, de l’alcool ou d’autres substances intoxicantes.

Conditions — armes à feu

(3.03) Le juge doit décider s’il est souhaitable pour la sécurité du défendeur, ou pour celle d’autrui, de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, et, dans l’affirmative, il doit assortir l’engagement d’une condition à cet effet et y prévoir la période d’application de celle-ci.

Remise

(3.04) Le cas échéant, l’engagement prévoit la façon de remettre, de détenir ou d’entreposer les objets visés au paragraphe (3.03) qui sont en la possession du défendeur, ou d’en disposer, et de remettre les autorisations, permis et certificats d’enregistrement dont celui-ci est titulaire.

Condition — présentation devant une autorité

(3.05) Le juge doit décider s’il est souhaitable que le défendeur se présente devant les autorités correctionnelles de la province ou les autorités policières compétentes et, dans l’affirmative, il doit assortir l’engagement d’une condition à cet effet.

Refus de contracter un engagement

(3.1) Le juge de la cour provinciale peut infliger au défendeur qui omet ou refuse de contracter l’engagement une peine de prison maximale de douze mois.

Modification des conditions

(4) Tout juge de la cour provinciale peut, sur demande du dénonciateur ou du défendeur, modifier les conditions fixées dans l’engagement.

Autres dispositions applicables

(5) Les paragraphes 810(4) et (5) s’appliquent, avec les adaptations nécessaires, aux engagements contractés en vertu du présent article.

1993, ch. 45, art. 11; 1997, ch. 18, art. 113; 2002, ch. 13, art. 81; 2008, ch. 6, art. 52, 54 et 62.

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En cas de crainte de sévices graves à la personne

810.2 (1) Quiconque a des motifs raisonnables de craindre que des personnes seront victimes de sévices graves à la personne au sens de l’article 752 peut, avec le consentement du procureur général, déposer une dénonciation devant un juge d’une cour provinciale, même si les personnes en question n’y sont pas nommées.

Comparution des parties

(2) Le juge qui reçoit la dénonciation peut faire comparaître les parties devant un juge de la cour provinciale.

Décision

(3) Le juge devant lequel les parties comparaissent peut, s’il est convaincu par la preuve apportée que les craintes du dénonciateur sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement de ne pas troubler l’ordre public et d’avoir une bonne conduite pour une période maximale de douze mois.

Prolongation

(3.1) Toutefois, s’il est convaincu en outre que le défendeur a déjà été reconnu coupable d’une infraction visée au paragraphe (1), le juge peut lui ordonner de contracter l’engagement pour une période maximale de deux ans.

Refus de contracter un engagement

(4) Le juge peut infliger au défendeur qui omet ou refuse de contracter l’engagement une peine de prison maximale de douze mois.

Conditions de l’engagement

(4.1) Le juge peut assortir l’engagement des conditions raisonnables qu’il estime souhaitables pour garantir la bonne conduite du défendeur, notamment celles lui intimant :

a) de participer à un programme de traitement;

b) de porter un dispositif de surveillance à distance, si le procureur général demande l’ajout de cette condition;

c) de rester dans une région désignée, sauf permission écrite donnée par le juge;

d) de regagner sa résidence et d’y rester aux moments précisés dans l’engagement;

e) de s’abstenir de consommer des drogues — sauf sur ordonnance médicale —, de l’alcool ou d’autres substances intoxicantes.

Conditions — armes à feu

(5) Le juge doit décider s’il est souhaitable pour la sécurité du défendeur, ou pour celle d’autrui, de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, et, dans l’affirmative, il doit assortir l’engagement d’une condition à cet effet et y prévoir la période d’application de celle-ci.

Remise

(5.1) Le cas échéant, l’engagement prévoit la façon de remettre, de détenir ou d’entreposer les objets visés au paragraphe (5) qui sont en la possession du défendeur, ou d’en disposer, et de remettre les autorisations, permis et certificats d’enregistrement dont celui-ci est titulaire.

Motifs

(5.2) Le juge qui n’assortit pas l’engagement de la condition prévue au paragraphe (5) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.

Condition — présentation devant une autorité

(6) Le juge doit décider s’il est souhaitable que le défendeur se présente devant les autorités correctionnelles de la province ou les autorités policières compétentes et, dans l’affirmative, il doit assortir l’engagement d’une condition à cet effet.

Modification des conditions

(7) Tout juge de la cour provinciale peut, sur demande du dénonciateur, du procureur général ou du défendeur, modifier les conditions fixées dans l’engagement.

Autres dispositions applicables

(8) Les paragraphes 810(4) et (5) s’appliquent, avec les adaptations nécessaires, aux engagements contractés en vertu du présent article.

1997, ch. 17, art. 9; 2002, ch. 13, art. 82; 2008, ch. 6, art. 53.

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Manquement à l’engagement

811. Quiconque viole l’engagement prévu aux articles 83.3, 810, 810.01, 810.1 ou 810.2 est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 811; 1993, ch. 45, art. 11; 1994, ch. 44, art. 82; 1997, ch. 17, art. 10, ch. 23, art. 20 et 27; 2001, ch. 41, art. 23.

Appel Définition de « cour d’appel »

812. (1) Pour l’application des articles 813 à 828, « cour d’appel » désigne :

a) dans la province d’Ontario, la Cour supérieure de justice dans la région, le district ou le comté ou groupe de comtés où le jugement a été rendu;

b) dans la province de Québec, la Cour supérieure;

c) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, la Cour suprême;

d) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, la Cour du Banc de la Reine;

e) [Abrogé, 1992, ch. 51, art. 43]

f) dans la province de l’Île-du-Prince-Édouard, la Section de première instance de la Cour suprême;

g) dans la province de Terre-Neuve, la Section de première instance de la Cour suprême;

h) au Yukon et dans les Territoires du Nord-Ouest, un juge de la Cour suprême;

i) au Nunavut, un juge de la Cour de justice.

Juge de la Cour d’appel : Nunavut

(2) Un juge de la Cour d’appel du Nunavut constitue la cour d’appel, pour l’application des articles 813 à 828, relativement à tout appel d’une condamnation, ordonnance ou sentence d’une cour des poursuites sommaires constituée d’un juge de la Cour de justice du Nunavut.

L.R. (1985), ch. C-46, art. 812; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (2e suppl.), art. 10; 1990, ch. 16, art. 7, ch. 17, art. 15; 1992, ch. 51, art. 43; 1998, ch. 30, art. 14; 1999, ch. 3, art. 55; 2002, ch. 7, art. 149.

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Appel du défendeur, du dénonciateur ou du procureur général

813. Sauf disposition contraire de la loi :

a) le défendeur dans des procédures prévues par la présente partie peut appeler à la cour d’appel :

(i) d’une condamnation ou d’une ordonnance rendue contre lui,

(ii) d’une sentence qui lui est imposée,

(iii) d’un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux;

b) le dénonciateur, le procureur général ou son agent dans des procédures prévues par la présente partie peut appeler à la cour d’appel :

(i) d’une ordonnance arrêtant les procédures sur une dénonciation ou rejetant une dénonciation,

(ii) d’une sentence prononcée contre un défendeur,

(iii) d’un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux,

et le procureur général du Canada ou son représentant jouit des mêmes droits d’appel, dans des procédures intentées sur l’instance du gouvernement du Canada et dirigées par

ce gouvernement ou pour son compte, que le procureur général d’une province ou son agent possède en vertu du présent alinéa.

L.R. (1985), ch. C-46, art. 813; L.R. (1985), ch. 27 (1er suppl.), art. 180; 1991, ch. 43, art. 9.

Manitoba et Alberta

814. (1) Dans les provinces du Manitoba et d’Alberta, un appel prévu par l’article 813 est entendu à la session de la cour d’appel qui se tient le plus près de l’endroit où la cause des procédures a pris naissance, mais le juge de la cour d’appel peut, à la demande de l’une des parties, désigner un autre endroit pour l’audition de l’appel.

Saskatchewan

(2) Dans la province de la Saskatchewan, un appel prévu par l’article 813 est entendu à la session de la cour d’appel au centre judiciaire le plus rapproché de l’endroit où le jugement a été rendu, mais le juge de la cour d’appel peut, à la demande de l’une des parties, désigner un autre endroit pour l’audition de l’appel.

Colombie-Britannique

(3) Dans la province de la Colombie-Britannique, un appel prévu par l’article 813 est entendu à la session de la cour d’appel qui se tient le plus près de l’endroit où le jugement a été rendu, mais le juge de la cour d’appel peut, à la demande de l’une des parties, désigner un autre endroit pour l’audition de l’appel.

Territoires

(4) Au Yukon, dans les Territoires du Nord-Ouest et au Nunavut, un appel prévu par l’article 813 est entendu à l’endroit où la cause des procédures a pris naissance ou à l’endroit le plus rapproché où un tribunal a reçu instructions de se tenir.

L.R. (1985), ch. C-46, art. 814; 1993, ch. 28, art. 78; 2002, ch. 7, art. 150.

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Avis d’appel

815. (1) Un appelant qui se propose d’introduire un recours devant la cour d’appel donne avis d’appel de la manière et dans le délai que les règles de cour peuvent prescrire.

Prolongation de délai

(2) La cour d’appel ou l’un de ses juges peut proroger le délai de l’avis d’appel.

S.R., ch. C-34, art. 750; 1972, ch. 13, art. 66; 1974-75-76, ch. 93, art. 89.

Mise en liberté provisoire de l’appelant Promesse ou engagement de l’appelant

816. (1) Toute personne qui était le défendeur dans des procédures devant une cour des poursuites sommaires et qui interjette appel en vertu de l’article 813 doit, si elle est sous garde, y demeurer à moins que la cour d’appel qui doit entendre l’appel n’ordonne sa mise en liberté pourvu que, selon le cas :

a) elle remette à la cour d’appel une promesse, sans condition ou aux conditions que la cour d’appel fixe, de se livrer en conformité avec l’ordonnance;

b) elle contracte, sans caution, un engagement dont le montant et les conditions, le cas échéant, sont fixés par la cour d’appel, mais sans dépôt d’argent ni d’autre valeur;

c) elle contracte, avec ou sans caution, un engagement dont le montant et les conditions, le cas échéant, sont fixés par la cour d’appel et elle dépose auprès de la cour d’appel la somme d’argent ou autre valeur que la cour d’appel fixe;

la personne ayant la garde de l’appelant doit, lorsque l’appelant se conforme à l’ordonnance, le mettre immédiatement en liberté.

Certaines dispositions de l’art. 525 s’appliquent

(2) Les dispositions des paragraphes 525(5), (6) et (7) s’appliquent, compte tenu des adaptations de circonstance, à quiconque a été mis en liberté conformément au paragraphe (1).

L.R. (1985), ch. C-46, art. 816; L.R. (1985), ch. 27 (1er suppl.), art. 181(A).

Promesse ou engagement du poursuivant

817. (1) Le poursuivant dans des procédures devant une cour des poursuites sommaires qui interjette appel en vertu de l’article 813 doit, immédiatement après le dépôt de l’avis d’appel et de la preuve de sa signification en conformité avec l’article 815, comparaître devant un juge de paix, et le juge de paix, après avoir donné au poursuivant et à l’intimé la possibilité de se faire entendre, ordonne que le poursuivant :

a) ou bien remette une promesse selon que le prescrit le présent article;

b) ou bien contracte un engagement du montant qu’il stipule, avec ou sans caution et avec ou sans dépôt d’argent ou d’autre valeur selon qu’il le stipule.

Conditions

(2) Une promesse remise ou un engagement contracté en vertu du présent article sont subordonnés à la condition que le poursuivant comparaîtra, en personne ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu.

Appels interjetés par le procureur général

(3) Le présent article ne s’applique pas relativement à un appel interjeté par le procureur général ou par un avocat agissant en son nom.

Forme de la promesse ou de l’engagement

(4) Une promesse en vertu du présent article peut être rédigée selon la formule 14 et un engagement en vertu du présent article peut être rédigé selon la formule 32.

S.R., ch. 2(2e suppl.), art. 16.

Demande de révision faite à la cour d’appel

818. (1) Lorsqu’un juge de paix rend une ordonnance en vertu de l’article 817, l’appelant ou l’intimé peuvent, avant l’audition de l’appel ou à tout moment au cours de celle-ci, demander à la cour d’appel la révision de l’ordonnance rendue par le juge.

Suite donnée à la demande par la cour d’appel

(2) Lors de l’audition d’une demande en vertu du présent article, la cour d’appel, après avoir donné à l’appelant et à l’intimé la possibilité de se faire entendre, doit :

a) ou bien rejeter la demande;

b) ou bien, si la personne demandant la révision fait valoir des motifs justifiant de le faire, accueillir la demande, annuler l’ordonnance rendue par le juge de paix et rendre l’ordonnance qui, de l’avis de la cour d’appel, aurait dû être rendue.

Effet de l’ordonnance

(3) Une ordonnance rendue en vertu du présent article a la même force et le même effet que si elle avait été rendue par le juge de paix.

S.R., ch. 2(2e suppl.), art. 16; 1974-75-76, ch. 93, art. 91.1.

Demande de fixation d’une date pour l’audition de l’appel

819. (1) Lorsque, dans le cas d’un appelant qui a été déclaré coupable par une cour des poursuites sommaires et qui est sous garde en attendant l’audition de son appel, l’audition de son appel n’est pas commencée dans les trente jours qui suivent celui où l’avis de cet

appel a été donné en conformité avec les règles mentionnées à l’article 815, la personne ayant la garde de l’appelant doit, dès l’expiration de ces trente jours, demander à la cour d’appel de fixer une date pour l’audition de l’appel.

Ordonnance fixant la date d’audition

(2) Sur réception d’une demande en vertu du paragraphe (1) et après avoir donné au poursuivant la possibilité de se faire entendre, la cour d’appel fixe une date pour l’audition de l’appel et donne les instructions qu’elle estime nécessaires pour hâter l’audition et l’appel de l’appelant.

S.R., ch. 2(2e suppl.), art. 16; 1974-75-76, ch. 93, art. 92.

Le paiement de l’amende ne constitue pas un désistement du droit d’appel

820. (1) Une personne ne se désiste pas de son droit d’appel, aux termes de l’article 813, du seul fait qu’elle paye l’amende imposée lors de sa condamnation sans indiquer, de quelque façon, une intention d’interjeter appel ou de s’en réserver le droit.

Présomption

(2) Jusqu’à preuve du contraire, une condamnation, ordonnance ou sentence est censée ne pas avoir fait l’objet d’un appel.

S.R., ch. C-34, art. 753.

Procédure sur appel Avis et transmission de la déclaration de culpabilité, etc.

821. (1) Lorsqu’un avis d’appel a été donné en conformité avec les règles mentionnées à l’article 815, le greffier de la cour d’appel donne avis de l’appel à la cour des poursuites sommaires qui a prononcé la déclaration de culpabilité, rendu l’ordonnance ou imposé la sentence portée en appel, et, sur réception de cet avis, la cour des poursuites sommaires transmet à la cour d’appel la déclaration de culpabilité, l’ordonnance ou l’ordonnance de rejet et tous les autres documents en sa possession concernant les procédures, avant la date où l’appel doit être entendu, ou dans tel délai supplémentaire que la cour d’appel peut fixer, et le greffier de la cour d’appel conserve les documents aux archives de ce tribunal.

Réserve

(2) La cour d’appel ne peut rejeter un appel du seul fait qu’une personne autre que l’appelant n’a pas observé les dispositions de la présente partie relatives aux appels.

L’appelant fournit une transcription de la preuve

(3) Si les dépositions, lors d’un procès devant une cour des poursuites sommaires, ont été recueillies par un sténographe dûment assermenté, ou au moyen d’un appareil d’enregistrement du son, l’appelant doit, sauf décision de la cour d’appel ou disposition des règles mentionnées à l’article 815 à l’effet contraire, faire fournir à la cour d’appel et à l’intimé une transcription de ces dépositions, certifiée par le sténographe ou en conformité avec le paragraphe 540(6), pour qu’elle serve lors de l’appel.

S.R., ch. C-34, art. 754; 1972, ch. 13, art. 67; 1974-75-76, ch. 93, art. 93.

Articles applicables aux appels

822. (1) En cas d’appel interjeté conformément à l’article 813 à la suite d’une condamnation, d’un acquittement, d’une sentence, d’une ordonnance ou d’un verdict, les articles 683 à 689, à l’exception des paragraphes 683(3) et 686(5), s’appliquent avec les adaptations nécessaires.

Nouveau procès

(2) Lorsqu’une cour d’appel ordonne un nouveau procès, celui-ci se tient devant une autre cour des poursuites sommaires que celle qui a jugé le défendeur en première instance, à moins que la cour d’appel n’en ordonne autrement.

Ordonnance de détention ou de mise en liberté

(3) Lorsqu’une cour d’appel ordonne un nouveau procès, elle peut, en attendant ce procès, rendre toute ordonnance de mise en liberté ou de détention de l’appelant que peut prendre un juge de paix conformément à l’article 515 et cette ordonnance peut s’appliquer comme si elle avait été prise par un juge de paix en vertu de cet article et la partie XVI s’applique à l’ordonnance, compte tenu des adaptations de circonstance.

Procès de novo

(4) Par dérogation aux paragraphes (1) à (3), lorsque, dans le cas d’un appel interjeté en vertu de l’article 813, en raison de l’état du dossier de l’affaire établi par la cour des poursuites sommaires, ou pour toute autre raison, la cour d’appel, sur demande faite en ce sens par le défendeur, le dénonciateur, le procureur général ou son représentant, estime que l’intérêt de la justice serait mieux servi par la tenue d’un appel sous forme de procès de novo, elle peut ordonner que l’appel soit entendu sous forme de procès de novo, conformément aux règles qui peuvent être établies en vertu des articles 482 ou 482.1 et, à cette fin, les articles 793 à 809 s’appliquent, avec les adaptations nécessaires.

Témoignage antérieur

(5) La cour d’appel peut, pour audition et décision d’un appel conformément au paragraphe (4), autoriser que soient lus devant elle les témoignages recueillis par la cour

des poursuites sommaires pourvu qu’ils aient été validés conformément à l’article 540 et si, selon le cas :

a) l’appelant et l’intimé sont consentants;

b) la cour d’appel est convaincue que la présence du témoin ne peut vraisemblablement être obtenue;

c) la cour d’appel est convaincue, en raison de la nature formelle de la preuve, ou pour toute autre raison, que la partie adverse n’en subit aucun préjudice;

toute déposition ainsi lue, en vertu du présent paragraphe, a la même force probante et le même effet que si le témoin avait personnellement déposé devant la cour d’appel.

Appel d’une sentence

(6) S’il est interjeté appel d’une sentence en la manière prévue au paragraphe (4), la cour d’appel considère, à moins que la sentence n’en soit une que détermine la loi, la justesse de la sentence dont appel est interjeté et peut, d’après la preuve, le cas échéant, qu’elle croit utile d’exiger ou de recevoir, par ordonnance :

a) rejeter l’appel;

b) modifier la sentence dans les limites prescrites par la loi pour l’infraction dont l’accusé a été déclaré coupable;

en rendant une ordonnance en vertu de l’alinéa b), la cour d’appel peut tenir compte de toute période que le défendeur a passée sous garde par suite de l’infraction.

Appels : dispositions générales

(7) Les dispositions suivantes s’appliquent aux appels interjetés conformément au paragraphe (4) :

a) jugement sur un appel fondé sur une objection à une dénonciation, ou autre acte judiciaire, ne peut être rendu en faveur de l’appelant dans les cas suivants :

(i) tous les cas où est imputée une irrégularité de fond ou de forme,

(ii) tous les cas de divergence entre la dénonciation, ou autre acte judiciaire, et la preuve présentée au procès,

à moins que ne soit démontré ce qui suit :

(iii) d’une part, l’objection a été présentée au procès,

(iv) d’autre part, il y a eu refus d’ajourner le procès bien que la divergence mentionnée au sous-alinéa (ii) ait trompé ou induit l’appelant en erreur;

b) jugement sur un appel fondé sur une irrégularité dans une déclaration de culpabilité ou dans une ordonnance ne peut être rendu en faveur de l’appelant; le tribunal rend alors une ordonnance pour remédier à cette irrégularité.

L.R. (1985), ch. C-46, art. 822; 1991, ch. 43, art. 9; 2002, ch. 13, art. 83.

823. [Abrogé, 1991, ch. 43, art. 9]

Ajournement

824. La cour d’appel peut ajourner l’audition d’un appel, selon qu’il est nécessaire.

S.R., ch. C-34, art. 756.

Rejet pour cause d’omission de comparaître ou d’abandon de l’appel

825. La cour d’appel, sur preuve qu’un avis d’appel a été donné et que, selon le cas :

a) l’appelant a omis de se conformer à une ordonnance rendue en vertu de l’article 816 ou 817 ou aux conditions de toute promesse remise ou de tout engagement contracté ainsi que le prescrit l’un ou l’autre de ces articles;

b) l’appel n’a pas été poursuivi ou a été abandonné,

peut ordonner que l’appel soit rejeté.

S.R., ch. C-34, art. 757; S.R., ch. 2(2e suppl.), art. 18.

Frais

826. Lorsqu’un appel est entendu et décidé ou est abandonné ou est rejeté faute de poursuite, la cour d’appel peut rendre, relativement aux frais, toute ordonnance qu’elle estime juste et raisonnable.

S.R., ch. C-34, art. 758.

Quand et à qui les frais sont versés

827. (1) Lorsque la cour d’appel ordonne que l’appelant ou l’intimé acquitte les frais, l’ordonnance prescrit que les frais seront versés au greffier de la cour d’appel, pour qu’ils soient payés par ce dernier à celui qui y a droit, et elle est tenue de fixer le délai dans lequel les frais doivent être acquittés.

Certificat établissant que les frais n’ont pas été acquittés

(2) Lorsque les frais ne sont pas acquittés en totalité dans le délai fixé à cette fin et que la personne qui a reçu l’ordre d’en faire le versement n’a pas été liée par un engagement de les verser, le greffier de la cour d’appel émet, à la demande de celui qui y a droit, ou de toute personne agissant pour son compte, et sur paiement des honoraires que le greffier de la cour d’appel est autorisé à toucher, un certificat rédigé selon la formule 42, attestant que les frais ou une partie des frais, selon le cas, n’ont pas été payés.

Envoi en prison

(3) Un juge de paix ayant juridiction dans la circonscription territoriale où un certificat a été émis aux termes du paragraphe (2) peut, sur production du certificat, au moyen d’un mandat selon la formule 26, faire incarcérer la personne en défaut pour une période maximale d’un mois, à moins que ne soient payés plus tôt le montant des frais et, si le juge de paix estime opportun de l’ordonner, le montant des frais de l’envoi et du transport de cette personne en prison.

S.R., ch. C-34, art. 759.

Exécution de la condamnation ou de l’ordonnance de la cour d’appel

828. (1) Une condamnation prononcée ou une ordonnance rendue par la cour d’appel peut être appliquée :

a) soit de la même manière que si elle avait été prononcée ou rendue par la cour des poursuites sommaires;

b) soit au moyen d’un acte de procédure de la cour d’appel.

Application par le juge de paix

(2) Lorsqu’un appel porté contre une condamnation ou une ordonnance décrétant le paiement d’une somme d’argent est rejeté, la cour des poursuites sommaires qui a prononcé la condamnation ou rendu l’ordonnance, ou un juge de paix pour la même circonscription territoriale, peut émettre un mandat de dépôt comme si aucun appel n’avait été interjeté.

Devoir du greffier de la cour d’appel

(3) Lorsqu’une condamnation prononcée ou ordonnance rendue par une cour d’appel doit être appliquée par un juge de paix, le greffier de la cour d’appel envoie au juge de paix la condamnation ou ordonnance et tous écrits y relatifs, sauf le préavis d’appel et tout engagement.

S.R., ch. C-34, art. 760.

Appels sommaires basés sur une transcription ou un exposé conjoint des faits sur lequel les parties se sont entendues Définition de « cour d’appel »

829. (1) Pour l’application des articles 830 à 838, « cour d’appel » vise, dans une province, la cour supérieure de juridiction criminelle pour la province.

Nunavut

(2) Au Nunavut, toutefois, pour tout appel d’une condamnation, d’un jugement ou verdict d’acquittement ou d’une autre ordonnance ou décision passée en force de chose jugée d’une cour de poursuites sommaires constituée d’un juge de la Cour de justice, « cour d’appel » s’entend d’un juge de la Cour d’appel du Nunavut.

L.R. (1985), ch. C-46, art. 829; L.R. (1985), ch. 27 (1er suppl.), art. 182; 1999, ch. 3, art. 56.

Appels

830. (1) Une partie à des procédures que vise la présente partie ou le procureur général peut appeler d’une condamnation, d’un jugement ou verdict d’acquittement ou d’un verdict d’inaptitude à subir son procès ou de non-responsabilité criminelle pour cause de troubles mentaux ou d’une autre ordonnance ou décision définitive d’une cour des poursuites sommaires, pour l’un des motifs suivants :

a) erreur de droit;

b) excès de compétence;

c) refus ou défaut d’exercice de compétence.

Motifs de l’appel

(2) Un appel interjeté en vertu du présent article doit être entendu sur la transcription des procédures de première instance, à moins que, dans les quinze jours du dépôt de l’avis d’appel, les parties ne déposent par écrit un exposé conjoint des faits.

Règles d’appel

(3) L’appel prévu au présent article doit être interjeté dans le délai et de la manière que prescrivent les règles de cour applicables; en l’absence de telles règles, un avis d’appel écrit doit être signifié à l’intimé et une copie de cet avis, accompagnée d’une preuve de la signification, doit être déposée à la cour d’appel dans les trente jours qui suivent la

condamnation, le jugement ou le verdict d’acquittement ou l’autre ordonnance ou décision finale dont il est fait appel.

Droits du procureur général du Canada

(4) Le procureur général du Canada jouit des mêmes droits d’appel dans des procédures intentées à la demande du gouvernement du Canada et dirigées par ce gouvernement ou pour son compte, que ceux dont le présent article investit le procureur général d’une province.

L.R. (1985), ch. C-46, art. 830; L.R. (1985), ch. 27 (1er suppl.), art. 182; 1991, ch. 43, art. 9.

Application

831. Les articles 816, 817, 819 et 825 s’appliquent, compte tenu des adaptations de circonstance, à un appel interjeté en vertu de l’article 830, sauf que, sur réception d’une demande de fixation d’une date pour l’audition de l’appel faite par la personne ayant la garde d’un appelant visé à l’article 819, la cour d’appel doit, après avoir donné au poursuivant la possibilité de se faire entendre, donner les instructions qu’elle estime nécessaires pour hâter l’audition de l’appel.

L.R. (1985), ch. C-46, art. 831; L.R. (1985), ch. 27 (1er suppl.), art. 182.

Promesse ou engagement

832. (1) Lorsqu’un avis d’appel est déposé en vertu de l’article 830, la cour d’appel peut ordonner que l’appelant comparaisse devant un juge de paix et remette une promesse ou contracte un engagement tel que prévu à l’article 816 lorsque le défendeur est l’appelant ou tel que le prévoit l’article 817 dans tout autre cas.

Procureur général

(2) Le paragraphe (1) ne s’applique pas lorsque l’appelant est le procureur général ou un avocat agissant en son nom.

L.R. (1985), ch. C-46, art. 832; L.R. (1985), ch. 27 (1er suppl.), art. 182.

Aucun bref requis

833. Aucun bref de certiorari ou autre bref n’est nécessaire pour révoquer une condamnation, un jugement, un verdict ou une autre ordonnance ou décision définitive d’une cour des poursuites sommaires pour obtenir le jugement, la décision ou l’opinion de la cour d’appel.

L.R. (1985), ch. C-46, art. 833; L.R. (1985), ch. 27 (1er suppl.), art. 182; 1991, ch. 43, art. 9.

Pouvoirs de la cour d’appel

834. (1) Lorsqu’un avis d’appel est déposé en vertu de l’article 830, la cour d’appel doit entendre et déterminer les motifs d’appel, et elle peut :

a) confirmer, infirmer ou modifier la condamnation, le jugement, le verdict, ou toute autre ordonnance ou décision définitive, ou

b) remettre l’affaire à la cour des poursuites sommaires avec son opinion.

Elle peut en outre rendre toute autre ordonnance, notamment à l’égard des frais, qu’elle estime pertinente.

Autorité du juge

(2) Lorsque la compétence de la cour d’appel peut être exercée par un juge de cette cour, elle peut, sous réserve des règles de cour applicables, être exercée à tout moment, lors des vacances judiciaires ou d’une session régulière, par un juge de cette cour siégeant en chambre.

L.R. (1985), ch. C-46, art. 834; L.R. (1985), ch. 27 (1er suppl.), art. 182; 1991, ch. 43, art. 9.

Exécution

835. (1) Lorsque la cour d’appel rend sa décision sur un appel, la cour des poursuites sommaires d’où l’appel provient ou un juge de paix exerçant la même juridiction a la même autorité pour faire exécuter une condamnation, ordonnance ou décision qui a été confirmée, modifiée ou rendue par la cour d’appel que la cour des poursuites sommaires aurait possédée si aucun appel n’avait été interjeté.

Idem

(2) Une ordonnance de la cour d’appel est exécutoire selon la procédure qui lui est applicable.

L.R. (1985), ch. C-46, art. 835; L.R. (1985), ch. 27 (1er suppl.), art. 182.

Appel en vertu de l’article 830

836. Toute personne qui interjette un appel en vertu de l’article 830 d’une condamnation, d’un jugement, d’un verdict ou de toute autre ordonnance ou décision définitive dont elle

a le droit d’appeler en vertu de l’article 813 est réputée avoir renoncé à tous ses droits d’appel aux termes de l’article 813.

L.R. (1985), ch. C-46, art. 836; L.R. (1985), ch. 27 (1er suppl.), art. 182; 1991, ch. 43, art. 9.

Aucun appel

837. Lorsque la loi prévoit qu’une condamnation ou une ordonnance est sans appel, aucun appel en vertu de l’article 830 ne peut être interjeté contre cette condamnation ou ordonnance.

L.R. (1985), ch. C-46, art. 837; L.R. (1985), ch. 27 (1er suppl.), art. 182.

Prorogation du délai

838. La cour d’appel ou un juge de celle-ci peut, en tout temps, proroger les délais mentionnés aux articles 830, 831 ou 832.

L.R. (1985), ch. C-46, art. 838; L.R. (1985), ch. 27 (1er suppl.), art. 182.

Pourvois devant la cour d’appel Appel sur une question de droit

839. (1) Sous réserve du paragraphe (1.1), un appel à la cour d’appel, au sens de l’article 673, peut, avec l’autorisation de celle-ci ou d’un de ses juges, être interjeté, pour tout motif qui comporte une question de droit seulement :

a) de toute décision d’un tribunal relativement à un appel prévu par l’article 822;

b) d’une décision d’une cour d’appel rendue en vertu de l’article 834, sauf lorsque ce tribunal est la cour d’appel.

Nunavut

(1.1) Un appel à la Cour d’appel du Nunavut peut, avec l’autorisation de celle-ci ou d’un de ses juges, être interjeté, pour tout motif qui comporte une question de droit seulement, de toute décision d’un juge de la Cour d’appel du Nunavut en sa qualité de cour d’appel au sens des paragraphes 812(2) ou 829(2).

Articles applicables

(2) Les articles 673 à 689 s’appliquent, compte tenu des adaptations de circonstance, à un appel prévu par le présent article.

Frais

(3) Nonobstant le paragraphe (2), la cour d’appel peut rendre toute ordonnance, quant aux frais, qu’elle estime appropriée relativement à un appel prévu par le présent article.

Exécution de la décision

(4) La décision de la cour d’appel peut être exécutée de la même manière que si elle avait été rendue par la cour des poursuites sommaires devant laquelle les procédures ont, en premier lieu, été entendues et jugées.

Droit, pour le procureur général du Canada, d’interjeter appel

(5) Le procureur général du Canada a les mêmes droits d’appel, dans les procédures intentées sur l’instance du gouvernement du Canada et dirigées par ou pour ce gouvernement, que ceux dont est investi le procureur général d’une province aux termes de la présente partie.

L.R. (1985), ch. C-46, art. 839; L.R. (1985), ch. 27 (1er suppl.), art. 183; 1999, ch. 3, art. 57.

Honoraires et allocations Honoraires et allocations

840. (1) Sous réserve du paragraphe (2), les honoraires et allocations mentionnés à l’annexe de la présente partie, et nuls autres, sont les honoraires et allocations qui peuvent être prélevés ou admis dans les procédures devant les cours des poursuites sommaires et devant les juges de paix aux termes de la présente partie.

Décret du lieutenant-gouverneur en conseil

(2) Le lieutenant-gouverneur en conseil d’une province peut décréter que tout ou partie des honoraires et allocations mentionnés à l’annexe de la présente partie ne seront pas prélevés ou admis dans les procédures devant les cours des poursuites sommaires et devant les juges de paix en vertu de la présente partie dans cette province. Il peut alors décréter que d’autres honoraires et allocations pour des points semblables à ceux mentionnés à l’annexe ou pour tout autre point seront prélevés ou admis.

L.R. (1985), ch. C-46, art. 840; 1994, ch. 44, art. 83; 1997, ch. 18, art. 114.

PARTIE XXVIII

DISPOSITIONS DIVERSES

Documents électroniques Définitions

841. Les définitions qui suivent s’appliquent aux articles 842 à 847.

« document électronique »

“electronic document”

« document électronique » Ensemble de données enregistrées ou mises en mémoire sur quelque support que ce soit par un système informatique ou un dispositif semblable et qui peuvent être lues ou perçues par une personne ou par un tel système ou dispositif. Sont également visés tout affichage et toute sortie imprimée ou autre de ces données ainsi que tout document, dossier, ordonnance, pièce, avis et formule contenant ces données.

« données »

“data”

« données » Toute forme de représentation d’informations ou de notions.

L.R. (1985), ch. C-46, art. 841; L.R. (1985), ch. 31 (4e suppl.), art. 97; 2002, ch. 13, art. 84.

Utilisation de moyens électroniques par le tribunal

842. Malgré les autres dispositions de la présente loi, le tribunal peut, en conformité avec les règles de cour ou toute loi, créer, recueillir, recevoir, mettre en mémoire, transférer, diffuser, publier ou traiter de quelque autre façon des documents électroniques.

2002, ch. 13, art. 84.

Transmission de données par moyen électronique

843. (1) Malgré les autres dispositions de la présente loi, le tribunal peut accepter des données transmises par un moyen électronique si elles sont transmises conformément au droit du lieu d’où elles proviennent ou du lieu où elles sont reçues.

Acceptation du dépôt

(2) Dans le cas où la présente loi exige le dépôt d’un document et qu’il se fait par transmission de données par un moyen électronique, il y a dépôt du document dès l’acceptation de la transmission par le tribunal.

2002, ch. 13, art. 84.

Documents écrits

844. Tout document devant être fait par écrit en application de la présente loi peut être fait sous forme de document électronique s’il est fait en conformité avec les règles de cour ou toute loi.

2002, ch. 13, art. 84.

Signature de documents

845. Toute signature exigée par la présente loi peut être faite dans le document électronique si elle est faite en conformité avec les règles de cour ou toute loi.

2002, ch. 13, art. 84.

Serment

846. Si une dénonciation, un affidavit, une déclaration solennelle ou une affirmation solennelle ou sous serment doivent être faits au titre de la présente loi, le tribunal peut accepter qu’ils soient présentés sous forme de document électronique dans le cas suivant :

a) le déposant affirme dans le document qu’à sa connaissance les renseignements contenus dans celui-ci sont véridiques;

b) la personne autorisée à recevoir la dénonciation, l’affidavit, la déclaration ou l’affirmation affirme dans le document que la dénonciation, l’affidavit, la déclaration ou l’affirmation a été fait sous serment ou avec déclaration solennelle ou affirmation solennelle, selon le cas;

c) le document est conforme au droit du lieu où il a été fait.

2002, ch. 13, art. 84.

Copies

847. La personne qui a le droit de recevoir copie d’un document du tribunal a le droit, dans le cas d’un document électronique, d’obtenir du tribunal, sur paiement d’un droit raisonnable, déterminé d’après un tarif fixé ou approuvé par le procureur général de la province concernée, une copie imprimée du document.

2002, ch. 13, art. 84.

Comparution à distance de l’accusé Accusé en prison

848. Par dérogation aux autres dispositions de la présente loi, lorsque l’accusé enfermé en prison n’a pas accès à des conseils juridiques, le tribunal ne peut l’autoriser à comparaître par un moyen leur permettant, à lui et à l’accusé, de se voir et de communiquer simultanément que s’il est convaincu que celui-ci pourra comprendre la nature des procédures et que ses décisions seront volontaires.

2002, ch. 13, art. 84.

Formules Formules

849. (1) Les formules reproduites dans la présente partie, variées pour convenir aux cas d’espèce, ou des formules analogues, sont censées bonnes, valables et suffisantes dans les circonstances auxquelles elles pourvoient respectivement.

Sceau non requis

(2) Aucun juge de paix n’est tenu d’apposer un sceau à quelque écrit ou acte judiciaire qu’il est autorisé à délivrer et pour lequel la présente partie prévoit une formule.

Langues officielles

(3) Sont imprimés dans les deux langues officielles les textes des formules prévues à la présente partie.

[Note : Les formules mentionnées à cet article se trouvent sous l’intertitre [Formules], à la fin de la loi.]

2002, ch. 13, art. 84.

ANNEXE DE LA PARTIE XX.1

[Abrogée, 2005, ch. 22, art. 37]

ANNEXE [de la partie XXV]

(article 762)

Colonne I Colonne II Colonne III

Ontario Un juge de la Cour d’appel, à l’égard d’un engagement pour la comparution d’une personne devant ce tribunal

Le registraire de la Cour d’appel

La Cour supérieure de justice, à l’égard de Un registraire de la Cour tous les autres engagements supérieure de justice

Colonne I Colonne II Colonne III La Cour du Québec, chambre criminelle etQuébec Le greffierpénale

Un protonotaire de la CourNouvelle-Écosse La Cour suprême suprême Nouveau- Le registraire de la CourLa Cour du Banc de la ReineBrunswick du Banc de la Reine

La Cour suprême, à l’égard d’un Colombie- engagement pour la comparution d’une Le registraire de district de Britannique personne devant ce tribunal ou la Cour la Cour suprême

d’appel Une cour provinciale, à l’égard d’un engagement pour la comparution d’une Le greffier de la cour personne devant un juge de ce tribunal ou provinciale un juge de paix

Île-du-Prince- La Section de première instance de la Cour Le protonotaireÉdouard suprême Le registraire ou le

Manitoba La Cour du Banc de la Reine registraire adjoint de la Cour du Banc de la Reine Le registraire local de laSaskatchewan La Cour du Banc de la Reine Cour du Banc de la Reine Le greffier de la Cour duAlberta La Cour du Banc de la Reine Banc de la Reine Le registraire de la CourTerre-Neuve La Cour suprême suprême Le greffier de la CourYukon La Cour suprême suprême

Territoires du Le greffier de la CourLa Cour suprêmeNord-Ouest suprême Le greffier de la Cour deNunavut La Cour de justice du Nunavut justice du Nunavut

L.R. (1985), ch. C-46, ann. à la partie XXV; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (2e suppl.), art. 10; 1992, ch. 1, art. 58, ch. 51, art. 40 à 42; 1998, ch. 30, art. 14; 1999, ch. 3, art. 54, ch. 5, art. 44; 2002, ch. 7, art. 148.

Version précédente

ANNEXE [de la partie XXVII]

(article 840)

HONORAIRES ET ALLOCATIONS QUE PEUVENT EXIGER LES COURS DES POURSUITES SOMMAIRES ET LES JUGES DE PAIX 1. Dénonciation ....... 1,00 $ 2. Sommation ou mandat ....... 0,50 3. Mandat sur sommation décernée en premier lieu ....... 0,30 4. Chaque copie nécessaire de sommation ou de mandat ....... 0,30 5. Chaque assignation de témoins ou mandat d’amener des témoins ....... 0,30

(Une assignation peut renfermer n’importe quel nombre de noms. Une seule assignation peut être émise pour le compte d’une partie à quelque procédure, à moins que la cour des poursuites sommaires ou le juge de paix n’estime nécessaire ou opportune l’émission de plus d’une assignation.) Dénonciation pour mandat d’amener un témoin et mandat d’amener un6. 1,00témoin ....... Chaque copie nécessaire d’assignation de témoin ou de mandat d’amener un7. 0,20témoin .......

8. Chaque engagement ....... 1,00 9. Pour entendre et décider une procédure ....... 1,00 10. Si l’audition dure plus de deux heures ....... 2,00

11. Lorsque deux ou plusieurs juges de paix entendent et décident une procédure,chacun d’eux a droit aux honoraires qu’autorise le poste 9. 12. Chaque mandat de dépôt ....... 0,50

13. Préparation du dossier de la déclaration de culpabilité ou de l’ordonnance à la 1,00demande d’une partie aux procédures .......

14. Copie d’un écrit autre qu’une déclaration de culpabilité ou ordonnance, à la 0,10demande d’une partie aux procédures; chaque folio de cent mots .......

15. Mémoire de frais, lorsqu’il est établi en détail à la demande d’une partie aux 0,20procédures ....... (Les postes 14 et 15 ne sont exigibles que lorsqu’il y a eu décision.)

16. Vacation pour faire remettre le cas d’un prisonnier ....... 1,00 17. Vacation pour recevoir un engagement de cautionnement ....... 1,00 HONORAIRES ET ALLOCATIONS QUI PEUVENT ÊTRE ACCORDÉS AUX AGENTS DE LA PAIX 18. Arrestation d’une personne avec ou sans mandat ....... 1,50 $ 19. Signification de sommation ou d’assignation ....... 0,50

20. Allocation pour signifier une sommation ou assignation ou opérer une 0,10arrestation, par mille parcouru, aller et retour ....... (Lorsqu’il n’est pas fait usage d’un moyen de transport public, on peut accorder des frais raisonnables de transport.)

21. Allocation lorsque la signification ne peut être faite, sur preuve de diligents 0,10efforts pour opérer cette signification, dans chaque sens, par mille ....... 22. Pour revenir avec un prisonnier, après arrestation, et l’amener devant une 0,10

cour des poursuites sommaires ou devant un juge de paix à un endroit différent de celui où l’agent de la paix a reçu le mandat d’arrestation, si le voyage ne peut se faire que par une route différente de celle qu’a suivie l’agent de la paix pour opérer l’arrestation, dans chaque sens, par mille .......

23. Pour conduire un prévenu en prison, sur renvoi à une autre audience ou auxfins de procès, dans chaque sens, par mille ....... (Lorsqu’il n’est pas fait usage d’un moyen de transport public, on peut accorder des frais raisonnables de transport. Aucuns frais ne peuvent être réclamés au titre du présent poste à l’égard d’une signification pour laquelle des honoraires sont exigés en vertu du poste 22.) Vacation auprès d’une cour des poursuites sommaires ou d’un juge de paix

24. lors de procédures sommaires en déclaration de culpabilité, pour chaque jour nécessairement employé ....... (Il ne peut être exigé, pour un jour quelconque, plus de deux dollars au titre du présent poste, quel que soit le nombre des procédures auxquelles l’agent de la paix a vaqué durant ce jour devant cette cour des poursuites sommaires ou ce juge de paix.)

HONORAIRES ET ALLOCATIONS QUI PEUVENT ÊTRE ACCORDÉS AUX TÉMOINS 25. Chaque jour de présence au procès .......

26. Allocation de déplacement pour assister au procès, dans chaque sens, parmille ....... HONORAIRES ET ALLOCATIONS QUI PEUVENT ÊTRE ACCORDÉS AUX INTERPRÈTES 27. Chaque demi-journée de présence au procès .......

28. Frais véritables de séjour lorsque l’interprète est absent de son lieu derésidence ordinaire, au plus, par jour .......

29. Allocation de déplacement pour assister au procès, dans chaque sens, parmille .......

S.R., ch. C-34, ann. à la partie XXIV.

[Formules]

FORMULE 1

(article 487)

DÉNONCIATION EN VUE D’OBTENIR UN MANDAT DE PERQUISITION

Canada,

Province de ................,

0,10

2,00

4,00 $

0,10

2,50 $

10,00

0,10

(circonscription territoriale).

Les présentes constituent la dénonciation de A.B., de ................, dans ladite (circonscription territoriale), (profession ou occupation), ci-après appelé le dénonciateur, portée devant moi.

Le dénonciateur déclare que (décrire les choses à rechercher et l’infraction qui donne lieu à la perquisition), et qu’il a des motifs raisonnables de croire que lesdites choses ou une partie d’entre elles se trouvent dans (l’habitation, etc.) de C.D., de ................, dans ladite (circonscription territoriale). (Ajouter ici ces motifs raisonnables, quels qu’ils soient.)

En conséquence, le dénonciateur demande qu’un mandat de perquisition soit accordé pour perquisitionner dans ladite (habitation, etc.) en vue de trouver lesdites choses.

Assermenté devant moi ce .......... jour de ............. en l’an de ....... grâce .........., à ................ . (Signature du dénonciateur) ....... Juge de paix dans et pour .....................

FORMULE 2

(articles 506 et 788)

DÉNONCIATION

Canada,

Province de ................,

(circonscription territoriale).

Les présentes constituent la dénonciation de C.D., de ................, (profession ou occupation), ci-après appelé le dénonciateur.

Le dénonciateur déclare que (si le dénonciateur n’a pas une connaissance personnelle de l’infraction, déclarer qu’il a des motifs raisonnables de croire qu’elle a été commise et indiquer l’infraction).

Assermenté devant moi ce .......... jour de ............. en l’an de ....... grâce .........., à ................ . (Signature du dénonciateur) ....... Juge de paix dans et pour .....................

Note : La date de naissance de l’accusé peut être indiquée sur la dénonciation ou l’acte d’accusation.

FORMULE 3

[Abrogée, L.R. (1985), ch. 27 (1 er suppl.), art. 184]

FORMULE 4

(articles 566, 566.1, 580 et 591)

EN-TÊTE D’UN ACTE D’ACCUSATION

Canada,

Province de ................,

(circonscription territoriale).

Dans (indiquer le nom du tribunal)

Sa Majesté la Reine

contre

(nom de l’accusé)

(Nom de l’accusé) est inculpé :

1. D’avoir (indiquer l’infraction).

2. D’avoir (indiquer l’infraction).

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... (Signature du fonctionnaire signataire, du représentant du procureur général, etc., selon le cas)

Note : La date de naissance de l’accusé peut être indiquée sur la dénonciation ou l’acte d’accusation.

FORMULE 5

(article 487)

MANDAT DE PERQUISITION

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et à (noms des fonctionnaires publics) :

Attendu qu’il appert de la déposition sous serment de A.B., de ................, qu’il existe des motifs raisonnables de croire que (décrire les choses à rechercher et l’infraction au sujet de laquelle la perquisition doit être faite) se trouvent dans ................, à ................, ci­ après appelé les lieux;

À ces causes, les présentes ont pour objet de vous autoriser et obliger à entrer, entre les heures de (selon que le juge de paix l’indique), dans les lieux et de rechercher ces choses et de les apporter devant moi ou devant tout autre juge de paix.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

.........................................

Juge de paix dans et pour....................

FORMULE 5.01

(paragraphe 487.05(1))

DÉNONCIATION JUSTIFIANT LA DÉLIVRANCE D’UN MANDAT AUTORISANT LE PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada,

Province de ....................

(circonscription territoriale)

La présente constitue la dénonciation de (nom de l’agent de la paix) (profession) de .........., dans (circonscription territoriale), ci-après appelé le dénonciateur, faite devant moi.

Le dénonciateur déclare qu’il a des motifs raisonnables de croire :

a) que (infraction) — qui constitue une infraction désignée au sens de l’article 487.04 du Code criminel — a été perpétré(e);

b) qu’une substance corporelle a été trouvée :

(i) sur le lieu de l’infraction,

(ii) sur la victime ou à l’intérieur du corps de celle-ci,

(iii) sur ce qu’elle portait ou transportait lors de la perpétration de l’infraction,

(iv) sur une personne ou à l’intérieur du corps d’une personne, sur une chose ou à l’intérieur d’une chose ou en des lieux, liés à la perpétration de l’infraction;

c) que (nom de la personne) a participé à l’infraction;

d) que l’analyse génétique de la substance corporelle prélevée permettra d’établir si la substance corporelle visée à l’alinéa b) provient ou non de (nom de la personne).

Les motifs raisonnables sont les suivants :

En conséquence, le dénonciateur demande que soit délivré un mandat autorisant, pour analyse génétique, le prélèvement — en conformité avec le paragraphe 487.06(1) du Code criminel — du nombre d’échantillons de substances corporelles de (nom de la personne) jugé nécessaire à cette fin, étant entendu que la personne effectuant le prélèvement doit être capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle doit agir sous l’autorité d’un tel agent.

Fait sous serment devant moi ce ...... jour de ................ en l’an de grâce......, à ................. . ....... (Signature du dénonciateur) ....... (Signature du juge du tribunal)

FORMULE 5.02

(paragraphe 487.05(1))

MANDAT AUTORISANT LE PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada,

Province de ....................

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) :

Attendu qu’il appert de la dénonciation faite sous serment par (nom de l’agent de la paix), de .........., dans (circonscription territoriale), qu’il existe des motifs raisonnables de croire :

a) que (infraction) — qui constitue une infraction désignée au sens de l’article 487.04 du Code criminel — a été perpétré(e);

b) qu’une substance corporelle a été trouvée :

(i) sur le lieu de l’infraction,

(ii) sur la victime ou à l’intérieur du corps de celle-ci,

(iii) sur ce qu’elle portait ou transportait lors de la perpétration de l’infraction,

(iv) sur une personne ou à l’intérieur du corps d’une personne, sur une chose ou à l’intérieur d’une chose ou en des lieux, liés à la perpétration de l’infraction;

c) que (nom de la personne) a participé à l’infraction;

d) que l’analyse génétique de la substance corporelle prélevée permettra d’établir si la substance corporelle visée à l’alinéa b) provient ou non de (nom de la personne);

Et attendu que je suis convaincu que l’administration de la justice sera mieux servie si je délivre le mandat;

Les présentes ont pour objet de vous autoriser et obliger à procéder — ou à faire procéder sous votre autorité — , pour analyse génétique, au prélèvement, en conformité avec le paragraphe 487.06(1) du Code criminel, du nombre d’échantillons de substances corporelles de (nom de la personne) jugé nécessaire à cette fin, pourvu que la personne effectuant le prélèvement soit capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle agisse sous l’autorité d’un tel agent.

Je délivre ce mandat sous réserve des modalités suivantes que j’estime indiquées pour assurer le caractère raisonnable du prélèvement dans les circonstances :

Fait le ...... jour de ............. en l’an de grâce......, à ............... .

.........................................

(Signature du juge de la cour provinciale)

FORMULE 5.03

(paragraphes 487.051(1) et (2))

ORDONNANCE DE PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ................

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) :

Attendu que (nom du contrevenant) a été déclaré coupable sous le régime du Code criminel, absous en vertu de l’article 730 de cette loi ou, s’il s’agit d’un adolescent, déclaré coupable sous le régime de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), ou de la Loi sur le système de justice pénale pour les adolescents à l’égard de (infraction), qui, à la date du prononcé de la peine ou de l’absolution, était une infraction primaire au sens de l’article 487.04 du Code criminel,

Vous êtes autorisés à procéder — ou à faire procéder —, pour analyse génétique, au prélèvement, en conformité avec le paragraphe 487.06(1) du Code criminel, du nombre d’échantillons de substances corporelles sur (nom du contrevenant) jugé nécessaire à cette fin, pourvu que la personne effectuant le prélèvement soit capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle agisse sous l’autorité d’un tel agent.

Je rends cette ordonnance sous réserve des modalités ci-après que j’estime indiquées pour assurer le caractère raisonnable du prélèvement dans les circonstances :

Fait le ................ jour de ................ en l’an de grâce ......, à ................ .

.......................................

(Signature du juge du tribunal)

FORMULE 5.04

(paragraphe 487.051(3))

ORDONNANCE DE PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ..................

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) :

Attendu que (nom du contrevenant) :

a) a fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux à l’égard de (infraction), qui, à la date où le verdict a été rendu, était une infraction primaire au sens de l’article 487.04 du Code criminel;

b) a été déclaré coupable sous le régime du Code criminel, absous en vertu de l’article 730 de cette loi ou, s’il s’agit d’un adolescent, déclaré coupable sous le régime de la Loi sur les jeunes contrevenants, chapitre Y-1 des Lois révisées du Canada (1985), ou de la Loi sur le système de justice pénale pour les adolescents de (infraction), ou a fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux à l’égard de (infraction), et que cette infraction, à la date du prononcé de la peine, de l’absolution ou du verdict, était une infraction secondaire au sens de l’article 487.04 du Code criminel, à savoir (cocher la mention qui s’applique) :

[ (i) une infraction au Code criminel passible d’un emprisonnement maximal de cinq ans ] ou plus qui est poursuivie par voie de mise en accusation,

(ii) une infraction à l’un des articles 5 à 7 de la Loi réglementant certaines drogues et[ autres substances passible d’un emprisonnement maximal de cinq ans ou plus qui est] poursuivie par voie de mise en accusation, (iii) une infraction créée par l’une des dispositions suivantes : les articles 145 à 148, le[ paragraphe 160(3), les articles 170, 173, 252, 264, 264.1, 266 et 270, l’alinéa 348(1)e)] et les articles 349 et 423 du Code criminel,

[ (iv) une infraction créée par les articles 433 ou 434 du Code criminel, dans leur version ] antérieure au 1er juillet 1990,

(v) la tentative ou le complot en vue de perpétrer l’une des infractions visées aux sous­ [ alinéas (i) ou (ii), dans le cas où cette tentative ou ce complot a été poursuivi par voie ] de mise en accusation (ou, le cas échéant, la tentative ou le complot en vue de perpétrer

l’une des infractions visées aux sous-alinéas (iii) ou (iv));

Attendu que j’ai pris en compte le casier judiciaire de l’intéressé, la nature de l’infraction, les circonstances de sa perpétration, le fait que l’intéressé a ou non déjà fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux à l’égard d’une infraction désignée ainsi que l’effet que la présente ordonnance aurait sur sa vie privée et la sécurité de sa personne;

Attendu que je suis convaincu que l’administration de la justice sera mieux servie si je rends l’ordonnance,

Vous êtes autorisés à procéder — ou à faire procéder —, pour analyse génétique, au prélèvement, en conformité avec le paragraphe 487.06(1) du Code criminel, du nombre d’échantillons de substances corporelles sur (nom du contrevenant) jugé nécessaire à cette fin, pourvu que la personne effectuant le prélèvement soit capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle agisse sous l’autorité d’un tel agent.

Je rends cette ordonnance sous réserve des modalités ci-après que j’estime indiquées pour assurer le caractère raisonnable du prélèvement dans les circonstances :

Fait le ......... jour de ......... en l’an de grâce........., à ......... .

............................................

(Signature du juge du tribunal)

FORMULE 5.041

(paragraphes 487.051(4) et 487.055(3.11))

ORDONNANCE À L’ÉGARD DE LA PERSONNE ASSUJETTIE AU PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ................

(circonscription territoriale)

À A.B., de ................ :

Attendu que vous avez fait l’objet d’une ordonnance rendue en vertu de l’article 487.051 du Code criminel autorisant, pour analyse génétique, le prélèvement sur votre personne du nombre d’échantillons de substances corporelles jugé nécessaire à cette fin ou d’une autorisation au même effet délivrée en vertu de l’article 487.055 de cette loi,

À ces causes, les présentes vous enjoignent, au nom de Sa Majesté, de vous présenter le ................, ................ jour de ................ en l’an de grâce ........, à ............ heures, à ................, pour que soit effectué le prélèvement en conformité avec le paragraphe 487.06(1) du Code criminel.

Sachez que l’omission de vous présenter en conformité avec la présente ordonnance peut entraîner la délivrance d’un mandat d’arrestation en vertu du paragraphe 487.0551(1) du Code criminel. Sachez également que cette omission, sans excuse raisonnable, constitue un acte criminel ou une infraction prévu au paragraphe 487.0552(1) de la même loi.

Le paragraphe 487.0551(1) du Code criminel est rédigé ainsi :

487.0551 (1) Si l’intéressé omet de se présenter aux date, heure et lieu fixés dans l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) ou dans la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3), un juge de paix peut délivrer un mandat d’arrestation — rédigé selon la formule 5.062 — afin de permettre que soit effectué le prélèvement d’échantillons de substances corporelles.

Le paragraphe 487.0552(1) du Code criminel est rédigé ainsi :

487.0552 (1) Quiconque, sans excuse raisonnable, omet de se conformer à l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) de la présente loi ou des paragraphes 196.14(4) ou 196.24(4) de la Loi sur la défense nationale ou à la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3) de la présente loi est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable par procédure sommaire.

Fait le ................ jour de ................ en l’an de grâce ......, à ................ .

.......................................

(Signature du juge du tribunal)

FORMULE 5.05

(paragraphe 487.055(1))

DEMANDE D’AUTORISATION DE PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ..................

(circonscription territoriale)

Moi, (nom de l’agent de la paix) (profession) de ........ dans (circonscription territoriale), je présente une demande d’autorisation de prélèvement de substances corporelles pour analyse génétique. Le certificat visé à l’alinéa 667(1)a) du Code criminel est joint à la demande.

Attendu que (nom du contrevenant), avant le 30 juin 2000, selon le cas :

a) avait été déclaré délinquant dangereux au sens de la partie XXIV du Code criminel;

b) avait été déclaré délinquant dangereux ou délinquant sexuel dangereux au sens de la partie XXI du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans ses versions antérieures au 1er janvier 1988;

c) avait été déclaré coupable de meurtre;

c.1) avait été déclaré coupable de tentative de meurtre ou de complot pour commettre un meurtre ou faire assassiner une autre personne, pour lequel il purge actuellement une peine d’emprisonnement;

d) avait été déclaré coupable d’une infraction sexuelle au sens du paragraphe 487.055(3) du Code criminel pour laquelle il purge actuellement une peine d’emprisonnement;

e) avait été déclaré coupable d’un homicide involontaire coupable pour lequel il purge actuellement une peine d’emprisonnement,

Je demande, au titre du paragraphe 487.055(1) du Code criminel, que soit autorisé, pour analyse génétique, le prélèvement sur (nom du contrevenant) — en conformité avec le paragraphe 487.06(1) de cette loi — du nombre d’échantillons de substances corporelles jugé nécessaire à cette fin, pourvu que la personne effectuant le prélèvement soit capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle agisse sous l’autorité d’un tel agent.

Fait le .......... jour de.......... en l’an de grâce......., à............. .

................................

(Signature du demandeur)

FORMULE 5.06

(paragraphe 487.055(1))

AUTORISATION DE PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ...................

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) :

Attendu que (nom de l’agent de la paix), agent de la paix dans (circonscription territoriale), a demandé que soit autorisé, pour analyse génétique, le prélèvement sur (nom du contrevenant) — en conformité avec le paragraphe 487.06(1) du Code criminel — du nombre d’échantillons de substances corporelles jugé nécessaire à cette fin;

Attendu que (nom du contrevenant), avant le 30 juin 2000, selon le cas :

a) avait été déclaré délinquant dangereux au sens de la partie XXIV du Code criminel;

b) avait été déclaré délinquant dangereux ou délinquant sexuel dangereux au sens de la partie XXI du Code criminel, chapitre C-34 des Statuts revisés du Canada de 1970, dans ses versions antérieures au 1er janvier 1988;

c) avait été déclaré coupable de meurtre;

c.1) avait été déclaré coupable de tentative de meurtre ou de complot pour commettre un meurtre ou faire assassiner une autre personne, pour lequel, à la date de la demande, il purgeait une peine d’emprisonnement;

d) avait été déclaré coupable d’une infraction sexuelle au sens du paragraphe 487.055(3) du Code criminel pour laquelle, à la date de la demande, il purgeait une peine d’emprisonnement;

e) avait été déclaré coupable d’un homicide involontaire coupable pour lequel, à la date de la demande, il purgeait une peine d’emprisonnement;

Attendu que j’ai pris en compte le casier judiciaire de l’intéressé, la nature de l’infraction, les circonstances de sa perpétration ainsi que l’effet que la présente autorisation aurait sur sa vie privée et la sécurité de sa personne,

Vous êtes autorisés à procéder — ou à faire procéder — au prélèvement en question, pourvu que la personne effectuant celui-ci soit capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle agisse sous l’autorité d’un tel agent.

Je donne cette autorisation sous réserve des modalités ci-après que j’estime indiquées pour assurer le caractère raisonnable du prélèvement dans les circonstances :

Fait le .......... jour de ........... en l’an de grâce........, à............. .

............................

(Signature du juge de la cour provinciale)

FORMULE 5.061

(paragraphes 487.055(4) et 487.091(3))

SOMMATION À L’ÉGARD DE LA PERSONNE ASSUJETTIE AU PRÉLÈVEMENT DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ................

(circonscription territoriale)

À A.B., de ................ :

Attendu que, aux termes d’une autorisation délivrée en vertu des articles 487.055 ou 487.091 du Code criminel, le prélèvement sur votre personne, pour analyse génétique, du nombre d’échantillons de substances corporelles jugé nécessaire à cette fin a été autorisé,

À ces causes, les présentes vous enjoignent, au nom de Sa Majesté, de vous présenter le ................, ................ jour de ................ en l’an de grâce ........, à ............ heures, à ................, pour que soit effectué le prélèvement en conformité avec le paragraphe 487.06(1) du Code criminel. L’agent de la paix — ou toute personne agissant sous son autorité — qui effectue le prélèvement peut employer la force nécessaire pour ce faire.

Sachez que l’omission de vous présenter en conformité avec la présente sommation peut entraîner la délivrance d’un mandat d’arrestation en vertu du paragraphe 487.0551(1) du Code criminel. Sachez également que cette omission, sans excuse raisonnable, constitue un acte criminel ou une infraction prévu au paragraphe 487.0552(1) de la même loi.

Le paragraphe 487.0551(1) du Code criminel est rédigé ainsi :

487.0551 (1) Si l’intéressé omet de se présenter aux date, heure et lieu fixés dans l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) ou dans la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3), un juge de paix peut délivrer un mandat d’arrestation — rédigé selon la formule 5.062 — afin de permettre que soit effectué le prélèvement d’échantillons de substances corporelles.

Le paragraphe 487.0552(1) du Code criminel est rédigé ainsi :

487.0552 (1) Quiconque, sans excuse raisonnable, omet de se conformer à l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) de la présente loi ou des paragraphes 196.14(4) ou 196.24(4) de la Loi sur la défense nationale ou à la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3) de la présente loi est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable par procédure sommaire.

Fait le ................ jour de ................ en l’an de grâce ......, à ................ .

.......................................

(Signature du juge du tribunal)

FORMULE 5.062

(paragraphe 487.0551(1))

MANDAT D’ARRESTATION

Canada

Province de ................

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) :

Le présent mandat est délivré pour l’arrestation de A.B., de ................, (profession ou occupation), ci-après appelé le contrevenant.

Attendu que le contrevenant ne s’est pas présenté aux date, heure et lieu fixés dans l’ordonnance rendue en vertu des paragraphes 487.051(4) ou 487.055(3.11) du Code criminel ou dans la sommation délivrée en vertu des paragraphes 487.055(4) ou 487.091(3) de cette loi afin que soit effectué sur lui le prélèvement d’échantillons de substances corporelles,

À ces causes, les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’arrêter immédiatement le contrevenant afin que soient prélevés sur lui les échantillons de substances corporelles.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

.......................................

Juge de paix dans et

pour ........................

FORMULE 5.07

(paragraphe 487.057(1))

RAPPORT À UN JUGE DE LA COUR PROVINCIALE OU AU TRIBUNAL

Canada

Province de ............................

(circonscription territoriale)

À ( [ ]nom du juge), juge de la cour provinciale qui a délivré un mandat en vertu de l’article 487.05 — ou une autorisation en vertu des articles 487.055 ou 487.091 — du Code criminel, ou à un autre juge de cette cour :

Au tribunal qui a rendu une ordonnance en vertu de l’article 487.051 du [ ] Code criminel :

Moi, (nom de l’agent de la paix), je déclare que (préciser si les prélèvements ont été effectués au titre d’un mandat délivré en vertu de l’article 487.05, d’une ordonnance rendue en vertu de l’article 487.051 ou d’une autorisation délivrée en vertu des articles 487.055 ou 487.091 duCode criminel).

J’ai (préciser si on a procédé ou fait procéder sous son autorité) au prélèvement, pour analyse génétique, du nombre d’échantillons de substances corporelles de (nom du contrevenant) que je juge nécessaire à cette fin, en conformité avec (préciser si le prélèvement a été effectué au titre du mandat — ou de l’autorisation — délivré par le juge ou un autre juge de la cour ou de l’ordonnance rendue par le tribunal).

Le prélèvement a été effectué à....... heures, le ...... jour de ........ en l’an de grâce.......... .

J’ai (ou préciser le nom de la personne qui a effectué le prélèvement) procédé, en conformité avec le paragraphe 487.06(1) du Code criminel, au prélèvement des substances corporelles ci-après de (nom du contrevenant), ayant la capacité de le faire du fait de (ma/sa) formation ou de (mon/son) expérience (cocher la mention qui s’applique) :

[ ] cheveux ou poils comportant la gaine épithéliale

[ cellules épithéliales prélevées par écouvillonnage des lèvres, de la langue ou de ] l’intérieur des joues [ ] sang prélevé au moyen d’une piqûre à la surface de la peau avec une lancette stérilisée

Les modalités énoncées dans (le mandat, l’ordonnance ou l’autorisation) ont été respectées.

Fait le ........... jour de .......... en l’an de grâce........., à .................. .

.........................................

(Signature de l’agent de la paix)

FORMULE 5.08

(paragraphe 487.091(1))

DEMANDE D’AUTORISATION DE PRÉLÈVEMENT D’ÉCHANTILLONS SUPPLÉMENTAIRES DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ..................

(circonscription territoriale)

Moi, (nom de l’agent de la paix) (profession) de ........ dans (circonscription territoriale), je présente une demande d’autorisation de prélèvement d’échantillons supplémentaires de substances corporelles pour analyse génétique.

Attendu que des échantillons de substances corporelles de (nom du contrevenant) ont été prélevés au titre de l’ordonnance rendue en vertu de l’article 487.051 du Code criminel ou de l’autorisation délivrée en vertu de l’article 487.055 de cette loi (joindre une copie de l’ordonnance ou de l’autorisation);

Attendu que, le (jour/mois/année), il a été établi :

a) qu’un profil d’identification génétique n’a pu être établi, pour les raisons ci-après, à partir des échantillons :

b) que, pour les raisons ci-après, la transmission des échantillons ou des renseignements exigés par les règlements pris sous le régime de la Loi sur l’identification par les empreintes génétiques n’a pas été faite conformément à ces règlements ou que les échantillons ou renseignements ont été perdus :

Je demande, au titre du paragraphe 487.091(1) du Code criminel, que soit autorisé, pour analyse génétique, le prélèvement — en conformité avec le paragraphe 487.06(1) de cette loi — du nombre d’échantillons supplémentaires de substances corporelles de (nom du contrevenant) jugé nécessaire à cette fin, étant entendu que la personne effectuant le prélèvement doit être capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle doit agir sous l’autorité d’un tel agent.

Fait le .......... jour de.......... en l’an de grâce......, à............. .

.............................

(Signature du demandeur)

FORMULE 5.09

(paragraphe 487.091(1))

AUTORISATION DE PRÉLÈVEMENT D’ÉCHANTILLONS SUPPLÉMENTAIRES DE SUBSTANCES CORPORELLES POUR ANALYSE GÉNÉTIQUE

Canada

Province de ...................

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) :

Attendu que des échantillons de substances corporelles de (nom du contrevenant) ont été prélevés au titre de l’ordonnance rendue en vertu de l’article 487.051 du Code criminel ou de l’autorisation délivrée en vertu de l’article 487.055 de cette loi;

Attendu que, le (jour/mois/année), il a été établi :

a) qu’un profil d’identification génétique n’a pu être établi, pour les raisons ci-après, à partir des échantillons :

b) que, pour les raisons ci-après, la transmission des échantillons ou des renseignements exigés par les règlements pris sous le régime de la Loi sur l’identification par les empreintes génétiques n’a pas été faite conformément à ces règlements ou que les échantillons ou les renseignements ont été perdus :

Attendu que (nom de l’agent de la paix), agent de la paix dans (circonscription territoriale), a demandé que soit autorisé, pour analyse génétique, le prélèvement — en conformité avec le paragraphe 487.06(1) du Code criminel — du nombre d’échantillons supplémentaires de substances corporelles de (nom du contrevenant) jugé nécessaire à cette fin,

Vous êtes autorisés à procéder — ou à faire procéder — au prélèvement en question en conformité avec le paragraphe 487.06(1) du Code criminel, pourvu que la personne effectuant celui-ci soit capable d’y procéder du fait de sa formation ou de son expérience et, si elle n’est pas un agent de la paix, qu’elle agisse sous l’autorité d’un tel agent.

Je donne cette autorisation sous réserve des modalités ci-après que j’estime indiquées pour assurer le caractère raisonnable du prélèvement dans les circonstances :

Fait le .......... jour de ........... en l’an de grâce........, à............. .

............................

(Signature du juge de la cour provinciale)

FORMULE 5.1

(article 487.1)

MANDAT DE PERQUISITION

Canada,

Province de [indiquer la province].

À A.B. et aux autres agents de la paix de la [circonscription territoriale où le mandat doit être exécuté] :

Attendu qu’il appert de la déposition sous serment de A.B., agent de la paix dans la [circonscription territoriale où le mandat doit être exécuté], qu’il existe des motifs raisonnables de dispenser de la présentation en personne d’une dénonciation écrite et des motifs raisonnables de croire que les objets suivants

[mentionner les objets à rechercher]

nécessaires à l’enquête sur l’acte criminel suivant

[mentionner l’acte criminel au sujet duquel la perquisition doit être faite]

se trouvent dans les lieux suivants

[mentionner les lieux à perquisitionner];

À ces causes, les présentes ont pour objet de vous autoriser à entrer dans lesdits lieux entre les heures de [selon que le juge de paix l’indique] et de rechercher lesdits objets et d’en faire rapport au greffier du tribunal de la [circonscription territoriale où le mandat doit être exécuté] dans les plus brefs délais possible mais au plus tard sept jours après l’exécution du mandat.

Décerné à [heure] le [jour] du mois de [mois] de l’an de grâce ............, à [endroit].

....... Juge de la cour provinciale dans et pour la province de [province].

À l’occupant : Le présent mandat de perquisition a été décerné par téléphone ou par un autre moyen de télécommunication. Si vous désirez connaître les raisons pour lesquelles le présent mandat a été décerné, vous pouvez demander un exemplaire de la dénonciation sous serment au greffier du tribunal pour la circonscription territoriale où le mandat a été exécuté à [adresse].

Vous pouvez obtenir de celui-ci un exemplaire du rapport qui a été déposé par l’agent de la paix qui a exécuté le mandat; le rapport mentionnera, s’il y a lieu, les objets saisis et l’endroit où ils sont gardés.

FORMULE 5.2

(article 489.1)

RAPPORT À UN JUGE DE PAIX

Canada,

Province de ................,

(circonscription territoriale).

Au juge de paix qui a décerné un mandat au soussigné en vertu de l’article 256, 487 ou 487.1 du Code criminel (ou un autre juge de paix pour la même circonscription territoriale et, si aucun mandat n’a été décerné, tout juge de paix ayant compétence en la matière).

Je soussigné(e), (nom de l’agent de la paix ou de l’autre personne), (indiquer ici si la perquisition a été faite en vertu d’un mandat décerné conformément à l’article 256, 487 ou 487.1 du Code criminel, ou en vertu de l’article 489 du Code criminel, ou autrement, dans l’exercice des fonctions prévues en vertu du Code criminel ou d’une autre loi fédérale à être déterminée) :

1. ai perquisitionné dans les lieux suivants : ...............................;

2. ai saisi les biens suivants et en ai disposé de la façon suivante :

Bien saisi Disposition (décrire chaque bien (indiquer, pour chaque bien saisi) saisi )

a) si les biens ont été remis à la personne ayant droit à leur possession, auquel cas un reçu doit être joint au présent rapport; b) si les biens sont détenus pour qu’il en soit disposé conformément à la loi, l’endroit où ils sont détenus, la personne qui les détient et les

modalités de la détention). 1. ....... ....... 2. ....... ....... 3. ....... ....... 4. ....... .......

Dans le cas d’un mandat décerné par téléphone ou par un autre moyen de télécommunication, les mentions visées au paragraphe 487.1(9) du Code criminel doivent faire partie du présent rapport.

Daté du ........ jour de ............ en l’an de grâce ........, à ...........

....... Signature de l’agent de la paix ou de l’autre personne

FORMULE 5.3

(article 462.32)

RAPPORT AU JUGE

Canada,

Province de ................,

(circonscription territoriale).

Au juge du tribunal dont émane le mandat (préciser le nom du tribunal) :

J’ai (nom de l’agent de la paix ou de l’autre personne) exécuté un mandat décerné sous le régime de l’article 462.32 du Code criminel et j’ai :

1. perquisitionné dans les lieux suivants : .......;

2. saisi les biens suivants :

Biens saisis Endroit (Décrire chaque bien saisi) (Indiquer pour chaque bien saisi l’endroit où il est détenu). 1. ....... ....... 2. ....... ....... 3. ....... ....... 4. ....... .......

Fait le .......... jour de ................... en l’an de grâce........, à..................... .

....... Signature de l’agent de la paix ou de l’autre personne

FORMULE 6

(articles 493, 508 et 512)

SOMMATION À UNE PERSONNE INCULPÉE D’INFRACTION

Canada,

Province de ................,

(circonscription territoriale).

À A.B., de ................, (profession ou occupation) :

Attendu que vous avez, ce jour, été inculpé devant moi d’avoir (énoncer brièvement l’infraction dont le prévenu est inculpé);

À ces causes, les présentes vous enjoignent, au nom de Sa Majesté :

a) d’être présent au tribunal le ................, ................ jour de ................ en l’an de grâce ........, à ............ heures, à ................, ou devant un juge de paix pour ladite (circonscription territoriale) qui s’y trouve et d’être présent par la suite selon les exigences du tribunal, afin d’être traité selon la loi;

b) de comparaître le ................, ................ jour de ................ en l’an de grâce ......, à ............ heures, à ................, pour l’application de la Loi sur l’identification des criminels. (Ne pas tenir compte de cet alinéa s’il n’est pas rempli.)

Vous êtes averti que l’omission, sans excuse légitime, d’être présent au tribunal en conformité avec la présente sommation, constitue une infraction en vertu du paragraphe 145(4) du Code criminel.

Le paragraphe 145(4) du Code criminel s’énonce comme suit :

« (4) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque reçoit signification d’une sommation et omet, sans excuse légitime, dont la preuve lui incombe, de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels ou d’être présent au tribunal en conformité avec cette sommation. »

L’article 510 du Code criminel s’énonce comme suit :

« 510. Lorsqu’un prévenu à qui une sommation enjoint de comparaître aux temps et lieu y indiqués pour l’application de la Loi sur l’identification des criminels ne comparaît pas aux temps et lieu ainsi indiqués, un juge de paix peut décerner un mandat pour l’arrestation du prévenu pour l’infraction dont il est inculpé. »

Fait le ................ jour de ................... en l’an de grâce........, à..................... .

..........................................

Juge de paix dans et

pour ........... ou Juge

FORMULE 7

(articles 475, 493, 597, 800 et 803)

MANDAT D’ARRESTATION

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Le présent mandat est délivré pour l’arrestation de A.B., de ................, (profession ou occupation), ci-après appelé le prévenu.

Attendu que le prévenu a été inculpé d’avoir (indiquer brièvement l’infraction dont le prévenu est inculpé);

Et attendu :*

a) qu’il y a des motifs raisonnables de croire qu’il est nécessaire dans l’intérêt public de délivrer le présent mandat pour l’arrestation du prévenu [507(4), 512(1)];

b) que le prévenu a omis d’être présent au tribunal en conformité avec la sommation qui lui a été signifiée [512(2)];

c) qu’un(e) (citation à comparaître ou promesse de comparaître ou engagement contracté devant un fonctionnaire responsable) a été confirmé(e) et que le prévenu a omis d’être présent au tribunal en conformité avec ce document [512(2)];

d) qu’il paraît qu’une sommation ne peut être signifiée du fait que le prévenu se soustrait à la signification [512(2)];

e) qu’il a été ordonné au prévenu d’être présent à l’audition d’une demande de révision d’une ordonnance rendue par un juge de paix et que le prévenu n’était pas présent à l’audition [520(5), 521(5)];

f) qu’il y a des motifs raisonnables de croire que le prévenu a violé ou est sur le point de violer (la promesse de comparaître ou la promesse ou l’engagement) en raison duquel (de laquelle) il a été mis en liberté [524(1), 525(5), 679(6)];

g) qu’il y a des motifs raisonnables de croire que, depuis sa mise en liberté sur (promesse de comparaître ou promesse ou engagement), le prévenu a commis un acte criminel [524(1), 525(5), 679(6)];

h) qu’un(e) (citation à comparaître ou promesse de comparaître ou engagement contracté devant un fonctionnaire responsable ou sommation) exigeait que le prévenu soit présent aux temps et lieu indiqués pour l’application de la Loi sur l’identification des criminels et que le prévenu n’a pas comparu aux temps et lieu ainsi indiqués [502, 510];

i) qu’une mise en accusation a été prononcée contre le prévenu et que le prévenu n’a pas comparu ou n’est pas demeuré présent devant le tribunal pour son procès [597];

j) **

À ces causes, les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’arrêter immédiatement le prévenu et de l’amener devant (indiquer le tribunal, le juge ou le juge de paix), pour qu’il soit traité selon la loi.

(Ajouter s’il y a lieu) Attendu qu’il existe des motifs raisonnables de croire que le prévenu se trouve ou se trouvera dans (préciser la maison d’habitation),

Le présent mandat est également délivré pour vous autoriser à pénétrer dans la maison d’habitation pour y arrêter le prévenu, sous réserve de la condition suivante : vous ne pouvez pénétrer dans la maison d’habitation que si, au moment de le faire, vous avez des motifs raisonnables de croire que le prévenu s’y trouve.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Juge, Greffier du tribunal,

Juge de la cour provinciale ou Juge de paix

*Parapher l’attendu qui s’applique.

**Pour tout cas qui n’est pas visé par les attendus a) à i), insérer un attendu reproduisant les termes de la loi qui autorise le mandat.

FORMULE 7.1

(article 529.1)

MANDAT D’ENTRÉE DANS UNE MAISON D’HABITATION

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Le présent mandat est délivré en rapport avec l’arrestation de A.B., ou de la personne correspondant au signalement suivant ( ), de ................, (profession ou occupation).

Attendu qu’il y a des motifs raisonnables de croire :*

a) que cette personne fait l’objet au Canada, en vertu de la présente loi ou d’une autre loi fédérale, d’un mandat d’arrestation;

b) qu’il existe des motifs d’arrêter cette personne aux termes des alinéas 495(1) a) ou b) ou de l’article 672.91 du Code criminel;

c) qu’il existe des motifs d’arrêter cette personne sans mandat en vertu d’une autre loi fédérale que le Code criminel,

et attendu qu’il existe des motifs raisonnables de croire que cette personne se trouve ou se trouvera (préciser la maison d’habitation),

Le présent mandat est délivré pour vous autoriser à pénétrer dans la maison d’habitation pour y arrêter cette personne.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Juge, Greffier du tribunal,

Juge de la cour provinciale ou Juge de paix

*Parapher l’attendu qui s’applique.

FORMULE 8

(articles 493 et 515)

MANDAT DE DÉPÔT

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison), à .................... :

Le présent mandat est décerné pour l’internement de A.B., de ................, (profession ou occupation), ci-après appelé le prévenu.

Attendu que le prévenu a été inculpé d’avoir (indiquer brièvement l’infraction dont le prévenu est inculpé);

Et attendu :*

a) que le poursuivant a fait valoir des motifs justifiant la détention du prévenu sous garde [515(5)];

b) qu’il a été rendu une ordonnance enjoignant que le prévenu soit mis en liberté pourvu qu’il (remette une promesse ou contracte un engagement) mais que le prévenu ne s’est pas encore conformé à l’ordonnance [519(1), 520(9), 521(10), 524(12), 525(8)];**

c) que la demande de révision de l’ordonnance d’un juge de paix relativement à la mise en liberté provisoire du prévenu, présentée par le poursuivant, a été accueillie et ladite ordonnance annulée, et que le poursuivant a fait valoir des motifs justifiant la détention du prévenu sous garde [521];

d) que le prévenu a violé ou était sur le point de violer (sa promesse de comparaître ou sa promesse ou son engagement) et que celui-ci (celle-ci) a été annulé(e), et que la détention

du prévenu sous garde est justifiée ou semble appropriée dans les circonstances [524(4), 524(8)];

e) qu’il y a des motifs raisonnables de croire que le prévenu a commis un acte criminel après sa mise en liberté sur (promesse de comparaître ou promesse ou engagement), et que la détention du prévenu sous garde est justifiée ou semble appropriée dans les circonstances [524(4), 524(8)];

f) que le prévenu a violé ou était sur le point de violer (la promesse ou l’engagement) en raison duquel (de laquelle) il a été mis en liberté, et que la détention du prévenu sous garde semble appropriée dans les circonstances [525(7), 679(6)];

g) qu’il y a des motifs raisonnables de croire que le prévenu a commis un acte criminel après sa mise en liberté sur (promesse ou engagement), et que la détention du prévenu sous garde semble appropriée dans les circonstances [525(7), 679(6)];

h) ***

À ces causes, les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’appréhender le prévenu et de le conduire sûrement à (prison), à ................, et de l’y livrer au gardien de ladite prison, avec l’ordre suivant :

Je vous enjoins par les présentes à vous, ledit gardien, de recevoir le prévenu sous votre garde dans ladite prison et de l’y détenir sûrement jusqu’à ce qu’il soit livré en d’autres mains selon le cours régulier de la loi.

Fait le ................ jour de ................... en l’an de grâce........, à..................... .

........................................

Juge, Greffier du tribunal,

Juge de la cour provinciale ou Juge de paix

*Parapher l’attendu qui s’applique.

**Si la personne ayant la garde du prévenu est autorisée en vertu de l’alinéa 519(1)b) à le mettre en liberté s’il se conforme à une ordonnance, inscrire l’autorisation sur le présent mandat et y annexer une copie de l’ordonnance.

***Pour tout cas qui n’est pas visé par les attendus a) à g), insérer un attendu reproduisant les termes de la loi qui autorise le mandat.

FORMULE 9

(article 493)

CITATION À COMPARAÎTRE DÉLIVRÉE PAR UN AGENT DE LA PAIX À UNE PERSONNE QUI N’EST PAS ENCORE INCULPÉE D’INFRACTION

Canada, Province de ................, (circonscription territoriale).

À A.B., de ................, (profession ou occupation) :

Il est allégué que vous avez commis (indiquer l’essentiel de l’infraction).

1. Vous êtes requis d’être présent au tribunal le ......., ...... jour de ................ en l’an de grâce ........, à ............ heures, à la salle d’audience n o ........, à (tribunal), dans la municipalité de ................, et d’être présent par la suite selon les exigences du tribunal, afin d’être traité selon la loi.

2. Vous êtes en outre requis de comparaître le ........., ....... jour de ................ en l’an de grâce ......, à ............ heures, au (poste de police), (adresse), pour l’application de la Loi sur l’identification des criminels. (Ne pas tenir compte de cet alinéa s’il n’est pas rempli.)

Vous êtes averti que l’omission d’être présent au tribunal en conformité avec la présente citation à comparaître constitue une infraction prévue au paragraphe 145(5) du Code criminel.

Les paragraphes 145(5) et (6) du Code criminel s’énoncent comme suit :

« (5) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque est nommément désigné dans une citation à comparaître ou une promesse de comparaître ou dans un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix et qui a été confirmé par un juge de paix en vertu de l’article 508 et omet, sans excuse légitime, dont la preuve lui incombe, de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels ou d’être présent au tribunal en conformité avec ce document.

(6) Pour l’application du paragraphe (5), le fait qu’une citation à comparaître, une promesse de comparaître ou un engagement indiquent d’une manière imparfaite l’essentiel de l’infraction présumée, ne constitue pas une excuse légitime. »

L’article 502 du Code criminel s’énonce comme suit :

« 502. Lorsqu’un prévenu à qui une citation à comparaître, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix enjoint de comparaître aux temps et lieu y indiqués, pour l’application de la Loi sur

l’identification des criminels, ne comparaît pas aux temps et lieu ainsi fixés, un juge de paix peut, lorsque la citation à comparaître, la promesse de comparaître ou l’engagement a été confirmé par un juge de paix en vertu de l’article 508, décerner un mandat pour l’arrestation du prévenu pour l’infraction dont il est inculpé. »

Délivré à ........... heures, ce ................ jour de ................ en l’an de grâce ......, à ................ .

...............................................

(Signature de l’agent de la paix)

...................................

(Signature du prévenu)

FORMULE 10

(article 493)

PROMESSE DE COMPARAÎTRE

Canada, Province de ................, (circonscription territoriale).

Je, A.B., de ................, (profession ou occupation), comprends qu’il est allégué que j’ai commis (indiquer l’essentiel de l’infraction).

Afin de pouvoir être mis en liberté :

1. Je promets d’être présent au tribunal le ........, ........ jour de ................ en l’an de grâce ........, à ............ heures, à la salle d’audience n o ........, à (tribunal), dans la municipalité de ................, et d’être présent par la suite selon les exigences du tribunal, afin d’être traité selon la loi.

2. Je promets également de comparaître le ........, ......... jour de ................ en l’an de grâce ........, à ............ heures, au (poste de police), (adresse), pour l’application de la Loi sur l’identification des criminels. (Ne pas tenir compte de cet alinéa s’il n’est pas rempli.)

Je comprends que l’omission sans excuse légitime d’être présent au tribunal en conformité avec la présente promesse de comparaître constitue une infraction prévue au paragraphe 145(5) du Code criminel.

Les paragraphes 145(5) et (6) du Code criminel s’énoncent comme suit :

« (5) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque est nommément désigné dans une citation à comparaître ou une promesse de comparaître ou dans un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix et qui a été confirmé par un juge de paix en vertu de l’article 508 et omet, sans excuse légitime, dont la preuve lui incombe, de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels ou d’être présent au tribunal en conformité avec ce document.

(6) Pour l’application du paragraphe (5), le fait qu’une citation à comparaître, une promesse de comparaître ou un engagement indiquent d’une manière imparfaite l’essentiel de l’infraction présumée, ne constitue pas une excuse légitime. »

L’article 502 du Code criminel s’énonce comme suit :

« 502. Lorsqu’un prévenu à qui une citation à comparaître, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix enjoint de comparaître aux temps et lieu y indiqués, pour l’application de la Loi sur l’identification des criminels, ne comparaît pas aux temps et lieu ainsi fixés, un juge de paix peut, lorsque la citation à comparaître, la promesse de comparaître ou l’engagement a été confirmé par un juge de paix en vertu de l’article 508, décerner un mandat pour l’arrestation du prévenu pour l’infraction dont il est inculpé. »

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....................................

(Signature du prévenu)

FORMULE 11

(article 493)

ENGAGEMENT CONTRACTÉ DEVANT UN FONCTIONNAIRE RESPONSABLE OU UN AUTRE AGENT DE LA PAIX

Canada, Province de ................, (circonscription territoriale).

Je, A.B., de ................, (profession ou occupation), comprends qu’il est allégué que j’ai commis (indiquer l’essentiel de l’infraction).

Afin de pouvoir être mis en liberté, je reconnais par les présentes devoir (au plus 500 $) $ à Sa Majesté la Reine, cette somme devant être prélevée sur mes biens meubles et immeubles si j’omets d’être présent au tribunal comme j’y suis ci-après requis.

(ou, pour une personne ne résidant pas ordinairement au Canada dans la province où elle est sous garde ni dans un rayon de deux cents kilomètres du lieu où elle est sous garde)

Afin de pouvoir être mis en liberté, je reconnais par les présentes devoir (au plus 500 $) $ à Sa Majesté la Reine et je dépose, en conséquence, (argent ou autre valeur ne dépassant pas un montant ou une valeur de 500 $), cette somme devant être confisquée si j’omets d’être présent au tribunal comme j’y suis ci-après requis.

1. Je reconnais que je suis requis d’être présent au tribunal le .........., ................ jour de ................ en l’an de grâce .........., à ............ heures, à la salle d’audience no ........, à (tribunal), dans la municipalité de ................, et d’être présent par la suite selon les exigences du tribunal, afin d’être traité selon la loi.

2. Je reconnais que je suis également requis de comparaître le ................, ................ jour de ................ en l’an de grâce ........, à ............ heures, à (poste de police), (adresse), pour l’application de la Loi sur l’identification des criminels. (Ne pas tenir compte du présent alinéa s’il n’est pas rempli.)

Je comprends que l’omission sans excuse légitime d’être présent au tribunal en conformité avec le présent engagement constitue une infraction prévue au paragraphe 145(5) du Code criminel.

Les paragraphes 145(5) et (6) du Code criminel s’énoncent comme suit :

« (5) Est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire,

quiconque est nommément désigné dans une citation à comparaître ou une promesse de comparaître ou dans un engagement contracté devant un fonctionnaire responsable ou un autre agent de la paix et qui a été confirmé par un juge de paix en vertu de l’article 508 et omet, sans excuse légitime, dont la preuve lui incombe, de comparaître aux lieu et date indiqués pour l’application de la Loi sur l’identification des criminels ou d’être présent au tribunal en conformité avec ce document.

(6) Pour l’application du paragraphe (5), le fait qu’une citation à comparaître, une promesse de comparaître ou un engagement indiquent d’une manière imparfaite l’essentiel de l’infraction présumée, ne constitue pas une excuse légitime. »

L’article 502 du Code criminel s’énonce comme suit :

« 502. Lorsqu’un prévenu à qui une citation à comparaître, une promesse de comparaître ou un engagement contracté devant un fonctionnaire responsable ou un autre agent de la

paix enjoint de comparaître aux temps et lieu y indiqués, pour l’application de la Loi sur l’identification des criminels, ne comparaît pas aux temps et lieu ainsi fixés, un juge de paix peut, lorsque la citation à comparaître, la promesse de comparaître ou l’engagement a été confirmé par un juge de paix en vertu de l’article 508, décerner un mandat pour l’arrestation du prévenu pour l’infraction dont il est inculpé. »

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

...................................

(Signature du prévenu)

FORMULE 11.1

(articles 493, 499 et 503)

PROMESSE REMISE À UN AGENT DE LA PAIX OU À UN FONCTIONNAIRE RESPONSABLE

Canada,

Province de ................,

(circonscription territoriale).

Moi, A.B., de ................, (profession ou occupation), je comprends qu’il est allégué que j’ai commis (indiquer l’essentiel de l’infraction).

Afin de pouvoir être mis en liberté, je m’engage, par (cette promesse de comparaître ou cet engagement) (insérer toutes les conditions qui sont fixées) :

a) à rester dans les limites de (juridiction territoriale désignée);

b) à notifier à (nom de l’agent de la paix ou autre personne désignés) tout changement d’adresse, d’emploi ou d’occupation;

c) à m’abstenir de communiquer, directement ou indirectement, avec (identification de la victime, du témoin ou de toute autre personne) ou de me rendre à (désignation du lieu) si ce n’est en conformité avec les conditions suivantes : (celles que l’agent de la paix ou autre personne désignée spécifie);

d) à déposer mon passeport auprès de (nom de l’agent de la paix ou autre personne désignés);

e) à m’abstenir de posséder des armes à feu et à remettre à (nom de l’agent de la paix ou autre personne désignés) mes armes à feu et les autorisations, permis et certificats

d’enregistrement dont je suis titulaire ou tout autre document me permettant d’acquérir ou de posséder des armes à feu;

f) à me présenter à (indiquer à quels moments) à (nom de l’agent de la paix ou autre personne désignés);

g) à m’abstenir de consommer :

(i) de l’alcool ou d’autres substances intoxicantes,

(ii) des drogues, sauf sur ordonnance médicale;

h) (autres conditions que l’agent de la paix ou le fonctionnaire responsable estime nécessaires pour assurer la sécurité des victimes ou des témoins de l’infraction).

Je comprends que je ne suis pas obligé de remettre cette promesse, mais que, à défaut de le faire, je peux être détenu sous garde et amené devant un juge de paix de façon à donner au poursuivant l’occasion de démontrer pourquoi je ne devrais pas être mis en liberté sur simple promesse, sans autre condition.

Je comprends que, en promettant de me conformer aux conditions énoncées plus haut, je peux, avant de comparaître ou lors de ma comparution conformément (à une promesse de comparaître ou à un engagement contracté devant le fonctionnaire responsable ou un autre agent de la paix), demander l’annulation ou la modification de cette promesse, et que ma demande sera examinée comme si j’étais devant un juge de paix conformément à l’article 515 du Code criminel.

Je comprends que cette promesse m’est opposable jusqu’à ce qu’elle soit annulée ou modifiée.

Je comprends que l’omission sans excuse légitime d’être présent au tribunal en conformité avec le présent engagement constitue une infraction prévue au paragraphe 145(5.1) du Code criminel.

Le paragraphe 145(5.1) du Code criminel s’énonce comme suit :

« (5.1) Quiconque omet, sans excuse légitime, dont la preuve lui incombe, de se conformer à une condition d’une promesse remise aux termes des paragraphes 499(2) ou 503(2.1) est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire. »

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

...................................

(Signature du prévenu)

FORMULE 12

(articles 493 et 679)

PROMESSE REMISE À UN JUGE DE PAIX OU À UN JUGE

Canada,

Province de ................,

(circonscription territoriale).

Je, A.B., de ................, (profession ou occupation), comprends que j’ai été inculpé d’avoir (énoncer brièvement l’infraction dont le prévenu est inculpé).

Afin de pouvoir être mis en liberté, je m’engage à être présent au tribunal le ................, .................... jour de ................ en l’an de grâce ........, et à être présent par la suite selon les exigences du tribunal, afin d’être traité selon la loi (ou, lorsque les date et lieu de la comparution devant le tribunal ne sont pas connus au moment où la promesse est remise à être présent aux temps et lieu fixés par le tribunal, et par la suite, selon les exigences du tribunal, afin d’être traité selon la loi).

(et, le cas échéant)

Je m’engage également (insérer toutes les conditions qui sont fixées) :

a) à me présenter à (indiquer à quels moments) à (nom de l’agent de la paix ou autre personne désignés);

b) à rester dans les limites de (juridiction territoriale désignée);

c) à notifier à (nom de l’agent de la paix ou autre personne désignés) tout changement d’adresse, d’emploi ou d’occupation;

d) à m’abstenir de communiquer, directement ou indirectement, avec (identification de la victime, du témoin ou de toute autre personne) si ce n’est en conformité avec les conditions suivantes : (celles que le juge de paix ou le juge spécifie);

e) à déposer mon passeport (ainsi que le juge de paix ou le juge l’ordonne);

f) (autres conditions raisonnables).

Je comprends que l’omission, sans excuse légitime, d’être présent au tribunal en conformité avec la présente promesse constitue une infraction en vertu du paragraphe 145(2) du Code criminel.

Les paragraphes 145(2) et (3) du Code criminel s’énoncent comme suit :

« (2) Est coupable d’un acte criminel et passible d’un emprisonnement maximal de deux ans, ou d’une infraction punissable sur déclaration de culpabilité par procédure sommaire, quiconque :

a) soit, étant en liberté sur sa promesse remise à un juge de paix ou un juge ou son engagement contracté devant lui, omet, sans excuse légitime, dont la preuve lui incombe, d’être présent au tribunal en conformité avec cette promesse ou cet engagement;

b) soit, ayant déjà comparu devant un tribunal, un juge de paix ou un juge, omet, sans excuse légitime, dont la preuve lui incombe, d’être présent au tribunal comme l’exige le tribunal, le juge de paix ou le juge,

ou de se livrer en conformité avec une ordonnance du tribunal, du juge de paix ou du juge, selon le cas.

(3) Quiconque, étant en liberté sur sa promesse remise ou son engagement contracté devant un juge de paix ou un juge et étant tenu de se conformer à une condition de cette promesse ou de cet engagement fixée par un juge de paix ou un juge, ou étant tenu de se conformer à une ordonnance prise en vertu des paragraphes 515(12), 516(2) ou 522(2.1), omet, sans excuse légitime, dont la preuve lui incombe, de se conformer à cette condition ou ordonnance est coupable :

a) soit d’un acte criminel et passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire. »

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

.....................................

(Signature du prévenu)

FORMULE 13

(articles 816, 832 et 834)

PROMESSE REMISE PAR UN APPELANT (DÉFENDEUR)

Canada,

Province de ................,

(circonscription territoriale).

Je, A.B., de ................, (profession ou occupation), qui interjette appel de la déclaration de culpabilité (ou de la sentence ou d’une ordonnance ou par voie d’exposé de cause) relativement à (indiquer l’infraction, le sujet de l’ordonnance ou la question de droit) m’engage à comparaître en personne devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu.

(et, le cas échéant)

Je m’engage également (insérer toutes les conditions qui sont fixées) :

a) à me présenter à (indiquer à quels moments) à (nom de l’agent de la paix ou autre personne désignés);

b) à rester dans les limites de (juridiction territoriale désignée);

c) à notifier à (nom de l’agent de la paix ou autre personne désignés) tout changement d’adresse, d’emploi ou d’occupation;

d) à m’abstenir de communiquer, directement ou indirectement, avec (identification de la victime, du témoin ou de toute autre personne) si ce n’est en conformité avec les conditions suivantes : (celles que le juge de paix ou le juge spécifie);

e) à déposer mon passeport (ainsi que le juge de paix ou le juge l’ordonne);

f) (autres conditions raisonnables).

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

(Signature de l’appelant)

FORMULE 14

(article 817)

PROMESSE REMISE PAR L’APPELANT (POURSUIVANT)

Canada,

Province de ................,

(circonscription territoriale).

Je, A.B., de ................, (profession ou occupation), qui interjette appel d’une ordonnance de rejet (ou d’une sentence) relativement à l’inculpation suivante (indiquer le nom du défendeur et l’infraction, le sujet de l’ordonnance ou la question de droit) m’engage à comparaître en personne ou par l’intermédiaire d’un avocat, devant la cour d’appel, lors des séances au cours desquelles l’appel doit être entendu.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... (Signature de l’appelant)

FORMULE 15

(article 543)

MANDAT DE CONDUIRE UN PRÉVENU DEVANT UN JUGE DE PAIX D’UNE AUTRE CIRCONSCRIPTION TERRITORIALE

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Attendu que A.B., de ................, ci-après appelé le prévenu, a été inculpé d’avoir (indiquer le lieu de l’infraction et l’inculpation);

Attendu que j’ai reçu la déposition de X.Y. au sujet de ladite inculpation;

Et attendu que l’inculpation vise une infraction commise dans (circonscription territoriale);

Les présentes vous enjoignent, au nom de Sa Majesté, d’emmener ledit A.B. devant un juge de paix de (la circonscription territoriale en dernier lieu mentionnée).

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 16

(article 699)

ASSIGNATION À UN TÉMOIN

Canada,

Province de ................,

(circonscription territoriale).

À E.F., de ................, (profession ou occupation) :

Attendu que A.B. a été inculpé d’avoir (indiquer l’infraction comme dans la dénonciation), et qu’on a donné à entendre que vous êtes probablement en état de rendre un témoignage essentiel pour (la poursuite ou la défense);

À ces causes, les présentes ont pour objet de vous enjoindre de comparaître devant (indiquer le tribunal ou le juge de paix), le ................ jour de ................ en l’an de grâce ........, à ............ heures, à ................, pour témoigner au sujet de l’inculpation.*

*Lorsqu’un témoin est requis de produire quelque chose, ajouter ce qui suit :

et d’apporter avec vous toutes choses en votre possession ou sous votre contrôle qui se rattachent à l’inculpation, et en particulier les suivantes : (indiquer les documents, objets ou autres choses requises).

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Juge, Juge de paix ou Greffier du tribunal

(Sceau, s’il est requis)

FORMULE 16.1

(paragraphes 278.3(5) et 699(7))

ASSIGNATION À UN TÉMOIN DANS LES CAS DES POURSUITES POUR UNE INFRACTION VISÉE AU PARAGRAPHE 278.2(1) DU CODE CRIMINEL

Canada,

Province de ................,

(circonscription territoriale).

À E.F., de ................, (profession ou occupation) :

Attendu que A.B. a été inculpé d’avoir (indiquer l’infraction comme dans la dénonciation), et qu’on a donné à entendre que vous êtes probablement en état de rendre un témoignage essentiel pour (la poursuite ou la défense);

À ces causes, les présentes ont pour objet de vous enjoindre de comparaître devant (indiquer le tribunal ou le juge de paix), le ................ jour de ................ en l’an de grâce ........, à ............ heures, à ................, pour témoigner au sujet de ladite inculpation et d’apporter avec vous toutes choses en votre possession ou sous votre contrôle qui se rattachent à ladite inculpation, et en particulier les suivantes : (indiquer les documents, les objets ou autres choses requises).

VEUILLEZ NOTER

Cette assignation ne vous oblige qu’à apporter ces choses au tribunal à l’heure et à la date mentionnées ci-dessus. Vous n’êtes pas tenu de les remettre à quiconque ni d’en discuter le contenu avec quiconque tant que le tribunal ne vous a pas ordonné de le faire.

Si des choses constituent des dossiers au sens de l’article 278.1 du Code criminel, elles pourraient, en vertu des articles 278.1 à 278.91 du Code criminel, faire l’objet d’une décision du tribunal quant à la question de savoir si elles devraient être communiquées et quant à la mesure où elles devraient l’être.

Si des choses constituent des dossiers, au sens de l’article 278.1 du Code criminel, dont la communication est régie par les articles 278.1 à 278.91 du Code criminel, cette assignation doit être accompagnée d’une copie d’une demande de communication des dossiers formulée selon l’article 278.3 du Code criminel et vous aurez la possibilité de présenter des arguments au tribunal quant à cette communication.

Si des choses constituent des dossiers, au sens de l’article 278.1 du Code criminel, dont la communication est régie par les articles 278.1 à 278.91 du Code criminel, vous n’êtes pas tenu de les apporter avec vous avant qu’une décision soit rendue, en vertu de ces articles, quant à la question de savoir si elles devraient être communiquées et quant à la mesure où elles devraient l’être.

Selon l’article 278.1 du Code criminel, « dossier » s’entend de toute forme de document contenant des renseignements personnels pour lesquels il existe une attente raisonnable en matière de protection de la vie privée, notamment : le dossier médical, psychiatrique ou thérapeutique, le dossier tenu par les services d’aide à l’enfance, les services sociaux ou les services de consultation, le dossier relatif aux antécédents professionnels et à l’adoption, le journal intime et le document contenant des renseignements personnels et protégé par une autre loi fédérale ou une loi provinciale. N’est pas visé par la présente définition le dossier qui est produit par un responsable de l’enquête ou de la poursuite relativement à l’infraction qui fait l’objet de la procédure.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Juge, Greffier du tribunal,

Juge de la Cour provinciale ou

Juge de paix

(Sceau, s’il est requis)

FORMULE 17

(articles 698 et 705)

MANDAT D’AMENER UN TÉMOIN

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Attendu que A.B., de ................, a été inculpé d’avoir (indiquer l’infraction comme dans la dénonciation);

Et attendu qu’il a été déclaré que E.F., de ................, ci-après appelé le témoin, est probablement en état de rendre un témoignage essentiel pour (la poursuite ou la défense) et que*

*Insérer celle des mentions suivantes qui est appropriée :

a) ledit E.F. ne comparaîtra pas sans y être contraint;

b) ledit E.F. se soustrait à la signification d’une assignation;

c) ledit E.F. a reçu signification régulière d’une assignation et a négligé (de se présenter aux temps et lieu y indiqués ou de demeurer présent);

d) ledit E.F. était tenu aux termes d’un engagement de se présenter et de témoigner et a négligé (de se présenter ou de demeurer présent).

À ces causes, les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’arrêter et d’amener le témoin, sur-le-champ, devant (indiquer le tribunal ou le juge de paix) pour qu’il soit traité en conformité avec l’article 706 du Code criminel.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Juge de paix ou Greffier

du tribunal

(Sceau, s’il est requis)

FORMULE 18

(article 704)

MANDAT D’ARRESTATION CONTRE UN TÉMOIN QUI S’ESQUIVE

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Attendu que A.B., de ................, a été inculpé d’avoir (indiquer l’infraction comme dans la dénonciation);

Et attendu que je suis convaincu, en me fondant sur une dénonciation par écrit et sous serment, que C.D., de ................, ci-après appelé le témoin, est tenu aux termes d’un engagement de faire une déposition au procès du prévenu sur ladite inculpation, et que le témoin (s’est esquivé ou est sur le point de s’esquiver);

À ces causes, les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’arrêter le témoin et de l’amener sur-le-champ, devant (le tribunal, le juge, le juge de paix ou le juge de la cour provinciale devant qui le témoin est tenu de comparaître) pour qu’il soit traité en conformité avec l’article 706 du Code criminel.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

..........................................

Juge de paix dans et

pour.......................

FORMULE 19

(articles 516 et 537)

MANDAT DE RENVOI D’UN PRISONNIER

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Il vous est par les présentes enjoint d’arrêter, si nécessaire, et de conduire à (prison), à ................, les personnes nommées dans le tableau qui suit, dont chacune a été renvoyée jusqu’à la date mentionnée dans ledit tableau :

Inculpé Infraction Renvoyé à

Et je vous enjoins par les présentes, à vous le gardien de ladite prison, de recevoir chacune desdites personnes sous votre garde dans la prison et de la détenir sûrement jusqu’au jour où doit expirer son renvoi et alors de l’amener devant moi ou tout autre juge de paix à ................, à ............ heures dudit jour afin qu’elle y réponde à l’inculpation et qu’elle y soit traitée selon la loi, à moins que vous ne receviez quelque ordre différent avant ce temps.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 20

(article 545)

MANDAT DE DÉPÔT CONTRE UN TÉMOIN QUI REFUSE DE PRÊTER SERMENT OU DE TÉMOIGNER

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) :

Attendu que A.B., de ................, ci-après appelé le prévenu, a été inculpé d’avoir (indiquer l’infraction comme dans la dénonciation);

Et attendu que E.F., de ................, ci-après appelé le témoin, comparaissant devant moi pour témoigner pour (la poursuite ou la défense) au sujet de l’inculpation contre le prévenu (a refusé de prêter serment ou étant dûment assermenté comme témoin a refusé de répondre à certaines questions concernant l’inculpation qui lui étaient posées ou a refusé ou négligé de produire les écrits suivants, savoir ................, ou a refusé de signer sa déposition) après avoir reçu l’ordre de le faire, sans offrir d’excuse valable de ce refus ou de cette négligence;

À ces causes, les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’appréhender le témoin et de le conduire sûrement à (prison), à ................, et de l’y livrer au gardien de ladite prison, avec l’ordre suivant :

Je vous enjoins par les présentes, à vous ledit gardien, de recevoir ledit témoin sous votre garde dans ladite prison et de l’y détenir sûrement pendant l’espace de ................ jours, à moins qu’il ne consente plus tôt à faire ce qui est exigé de lui et, pour ce faire, les présentes vous sont un mandat suffisant.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 21

(articles 570 et 806)

MANDAT DE DÉPÔT SUR DÉCLARATION DE CULPABILITÉ

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison) à ............................. :

Attendu que (nom), ci-après appelé(e) le contrevenant, a, le ........ jour de ............. 20....., été déclaré(e) coupable par (nom du juge et du tribunal) des infractions ci-après et que les peines suivantes lui ont été infligées :

Infraction Peine Remarques (indiquer le temps que le

(indiquer la période contrevenant a passé sous garde d’emprisonnement devant être avant le prononcé de la peine, la

(indiquer purgée pour l’infraction et, s’il période d’emprisonnement qui lui l’infraction dont s’agit d’un emprisonnement pour aurait été infligée n’eût été tout temps le contrevenant défaut de paiement d’une alloué en application des a été déclaré amende, indiquer ce fait ainsi paragraphes 719(3) ou (3.1), le temps coupable) que le montant de l’amende et alloué, le cas échéant, et si la peine

celui des frais applicables et leur doit être purgée concurremment ou délai d’exigibilité) consécutivement à une autre peine

clairement désignée) 1. ....... ....... ....... 2. ....... ....... ....... 3. ....... ....... ....... 4. ....... ....... .......

Il vous est par les présentes ordonné, au nom de Sa Majesté, d’arrêter le contrevenant, si cela est nécessaire pour l’amener en détention, de le conduire sûrement à (prison), à .................... , et de l’y remettre au gardien à qui il est par les présentes ordonné de recevoir le contrevenant et de l’y incarcérer pour la durée de sa peine d’emprisonnement, sauf si celle-ci n’a été infligée que pour défaut de paiement de l’amende ou des frais et que ces sommes et les frais d’emprisonnement et de transport du contrevenant sont payés plus tôt. Les présentes sont, pour ce faire, un mandat suffisant.

Fait le ........ jour de ............ 20....., à ...........

..........................................................

Greffier du tribunal, Juge de paix, Juge ou Juge de la cour provinciale

FORMULE 22

(article 806)

MANDAT DE DÉPÔT SUR UNE ORDONNANCE DE PAYER UNE SOMME D’ARGENT

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison), à ................ :

Attendu que A.B., ci-après appelé le défendeur, a été jugé sur une dénonciation alléguant que (indiquer le sujet de la plainte) et qu’il a été ordonné que (indiquer l’ordonnance rendue) et qu’à défaut le défendeur soit enfermé dans (prison), à ................, pour une période de ................;

Je vous enjoins par les présentes, au nom de Sa Majesté, d’appréhender le défendeur et de le conduire sûrement à (prison), à ................, et de le remettre au gardien de la prison, avec l’ordre suivant :

Je vous enjoins par les présentes, à vous le gardien de ladite prison, de recevoir le défendeur sous votre garde dans ladite prison et de l’y enfermer pour la période de ................, à moins que lesdites sommes et les frais et dépenses concernant le renvoi et le transport du défendeur à ladite prison ne soient plus tôt payés et, pour ce faire, les présentes vous sont un mandat suffisant.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 23

(articles 810 et 810.1)

MANDAT DE DÉPÔT POUR OMISSION DE FOURNIR UN ENGAGEMENT DE NE PAS TROUBLER L’ORDRE PUBLIC

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison), à ................ :

Attendu qu’il a été ordonné à A.B., ci-après appelé le prévenu, de contracter un engagement de ne pas troubler l’ordre public et d’observer une bonne conduite et qu’il a (refusé ou omis) de contracter un engagement en conséquence;

Il vous est par les présentes ordonné, au nom de Sa Majesté, d’appréhender le prévenu et de le conduire sûrement à (prison), à ................, et de le remettre au gardien de la prison, avec l’ordre suivant :

Il vous est par les présentes ordonné, à vous ledit gardien, de recevoir le prévenu sous votre garde dans ladite prison et de l’y enfermer jusqu’à ce qu’il contracte un engagement susdit ou qu’il en soit libéré selon le cours régulier de la loi.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Greffier du tribunal, Juge de paix ou Juge de la cour provinciale

(Sceau, s’il est requis)

FORMULE 24

(article 550)

MANDAT DE DÉPÔT D’UN TÉMOIN POUR OMISSION DE CONTRACTER UN ENGAGEMENT

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison), à ................ :

Attendu que A.B., ci-après appelé le prévenu, a été renvoyé pour subir son procès sur une inculpation d’avoir (indiquer l’infraction comme dans la dénonciation);

Et attendu que E.F., ci-après appelé le témoin, ayant comparu comme témoin à l’enquête préliminaire sur ladite inculpation et ayant été requis de contracter un engagement de comparaître comme témoin au procès du prévenu sur ladite inculpation, (n’a pas ainsi comparu ou a refusé de comparaître ainsi);

À ces causes, les présentes vous enjoignent, au nom de Sa Majesté, d’appréhender et de conduire sûrement ledit témoin à (prison), à ................, et de le remettre au gardien de ladite prison, avec l’ordre suivant :

Je vous enjoins par les présentes, à vous ledit gardien, de recevoir le témoin sous votre garde dans ladite prison et de l’y détenir jusqu’au procès de l’accusé sur ladite inculpation, à moins que le témoin ne contracte avant cette date ledit engagement.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

..........................................

Juge de paix dans et

pour........................

FORMULE 25

(article 708)

MANDAT DE DÉPÔT POUR OUTRAGE AU TRIBUNAL

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison), à ................ :

Attendu que E.F., de ................, ci-après appelé le défaillant, a été le ................ jour de ................ en l’an de grâce ........, à ................, déclaré coupable devant ................ d’outrage au tribunal pour n’avoir pas été présent devant ................ pour témoigner lors de l’instruction d’une inculpation d’avoir (indiquer l’infraction comme dans la dénonciation) portée contre A.B., de ................, bien qu’il ait été (dûment assigné ou astreint par engagement à comparaître et à témoigner à cet égard, selon le cas), et n’a pas offert d’excuse suffisante pour son manquement;

Attendu que dans et par ladite déclaration de culpabilité, il a été décidé que le défaillant (indiquer la peine prononcée);

Et attendu que le défaillant n’a pas payé les montants qu’il a été condamné à verser; (retrancher ce paragraphe s’il ne s’applique pas)

À ces causes, les présentes vous enjoignent, au nom de Sa Majesté, d’appréhender le défaillant et de le conduire sûrement à (prison), à ................, et de l’y remettre au gardien de la prison, avec l’ordre suivant :

Je vous enjoins par les présentes, à vous ledit gardien, de recevoir le défaillant sous votre garde dans ladite prison et de l’y enfermer* et, pour ce faire, les présentes vous sont un mandat suffisant.

*Insérer celle des mentions suivantes qui s’applique :

a) pour la période de ................;

b) pour la période de ................, à moins que lesdits montants et les frais et dépenses de renvoi et de transport du défaillant à ladite prison ne soient plus tôt payés;

c) pour la période de ................ et pour la période de (indiquer s’il s’agit d’un emprisonnement consécutif), à moins que lesdits montants et les frais et dépenses concernant le renvoi et le transport du défaillant à ladite prison ne soient plus tôt payés.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Juge de paix ou Greffier

du tribunal

(Sceau, s’il est requis)

FORMULE 26

(article 827)

MANDAT DE DÉPÔT EN L’ABSENCE DU PAIEMENT DES FRAIS D’APPEL

Canada,

Province de ................,

(circonscription territoriale).

Aux agents de la paix de (circonscription territoriale) et au gardien de (prison), à ................ :

Attendu qu’il appert qu’à l’audition d’un appel devant (indiquer le tribunal), il a été décidé que A.B., de ................, ci-après appelé le défaillant, devrait payer au greffier du tribunal la somme de ............ dollars à l’égard des frais;

Et attendu que le greffier du tribunal a certifié que le défaillant n’a pas payé la somme dans le délai imparti à cette fin;

Je vous enjoins par les présentes, à vous lesdits agents de la paix, au nom de Sa Majesté, d’appréhender le défaillant et de le conduire sûrement à (prison), à ................, et de le remettre au gardien de la prison, avec l’ordre suivant :

Je vous enjoins par les présentes, à vous ledit gardien, de recevoir le défaillant sous votre garde dans ladite prison et de l’enfermer pour la période de ................, à moins que ladite somme et les frais et dépenses concernant le renvoi et le transport du défaillant à la prison ne soient plus tôt payés, et, pour ce faire, les présentes vous sont un mandat suffisant.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 27

(article 773)

MANDAT DE DÉPÔT POUR DÉCHÉANCE D’UN ENGAGEMENT

Canada,

Province de ................,

(circonscription territoriale).

Au shérif de (circonscription territoriale) et au gardien de (prison), à ................ :

Il vous est par les présentes enjoint d’appréhender (A.B. et C.D., selon le cas), ci-après appelés les défaillants, et de les conduire sûrement à (prison), à ................, et de les remettre au gardien de la prison, avec l’ordre suivant :

Il vous est par les présentes enjoint, à vous ledit gardien, de recevoir les défaillants sous votre garde dans ladite prison et de les enfermer durant une période de ................ ou jusqu’à ce qu’il soit satisfait à une dette résultant d’un jugement, au montant de ............ dollars, envers Sa Majesté la Reine, à l’égard de la déchéance d’un engagement contracté par ................ le ................ jour de ................ en l’an de grâce ........ .

Fait le ................ jour de ................ en l’an de grâce ........ .

....... Greffier de..........

(Sceau)

FORMULE 28

(articles 487 et 528)

VISA DU MANDAT

Canada,

Province de ................,

(circonscription territoriale).

Conformément à la demande qui m’a été adressée ce jour, j’autorise par les présentes l’arrestation du prévenu (ou défendeur) (ou l’exécution du présent mandat dans le cas d’un mandat émis conformément à l’article 487) dans ladite (circonscription territoriale).

Daté du ........ jour de ............ en l’an de grâce ........, à ...........

....... Juge de paix dans et pour .........................

FORMULE 28.1

[Abrogée, 2007, ch. 22, art. 26]

FORMULE 29

(article 507)

VISA DU MANDAT

Canada,

Province de ................,

(circonscription territoriale).

Attendu que le présent mandat est décerné en vertu des articles 507, 508 ou 512 du Code criminel, relativement à une infraction autre que celles visées à l’article 522, j’autorise par les présentes la mise en liberté du prévenu en application de l’article 499 de cette loi.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 30

(article 537)

ORDRE D’AMENER UN PRÉVENU DEVANT UN JUGE DE PAIX AVANT L’EXPIRATION DE LA PÉRIODE DE RENVOI

Canada,

Province de ................,

(circonscription territoriale).

Au gardien de (prison), à ................ :

Attendu que par un mandat en date du ................ jour de ................ en l’an de grâce ........, j’ai commis A.B., ci-après appelé le prévenu, à votre garde et vous ai enjoint de le détenir sûrement jusqu’au ................ jour de ................ en l’an de grâce ........, et alors de le produire devant moi ou tout autre juge de paix à ................, à ............ heures, pour qu’il réponde à l’inculpation formulée contre lui et qu’il soit traité selon la loi, à moins que vous ne receviez un ordre contraire avant ce temps;

À ces causes, je vous ordonne et enjoins de produire le prévenu devant ................ à ................, à ............ heures, pour qu’il réponde à l’inculpation formulée contre lui et soit traité selon la loi.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix dans et pour...........................

FORMULE 31

(article 540)

DÉPOSITION D’UN TÉMOIN

Canada,

Province de ................,

(circonscription territoriale).

Les présentes sont les dépositions de X.Y., de ................, et de M.N., de ................, prises devant moi, ce ................ jour de ................ en l’an de grâce ........, à ................, en présence et à portée d’oreille de A.B., ci-après appelé le prévenu, inculpé d’avoir (indiquer l’infraction comme dans la dénonciation).

X.Y., ayant été dûment assermenté, dépose ainsi qu’il suit : (insérer la déposition en employant autant que possible les termes mêmes du témoin).

M.N., ayant été dûment assermenté, dépose ainsi qu’il suit :

Je certifie que les dépositions de X.Y. et de M.N., transcrites sur les diverses feuilles de papier ci-annexées, sur lesquelles ma signature est apposée, ont été prises en présence et à portée d’oreille du prévenu (et signées par eux, respectivement, en sa présence lorsque les dépositions doivent être signées par le témoin). En foi de quoi, j’ai signé mon nom aux présentes.

....... Juge de paix dans et pour...........................

FORMULE 32

(articles 493, 550, 679, 706, 707, 810, 810.1 et 817)

ENGAGEMENT

Canada,

Province de ................,

(circonscription territoriale).

Sachez que, ce jour, les personnes nommées dans la liste qui suit ont personnellement comparu devant moi et ont chacune reconnu devoir à Sa Majesté la Reine les diverses sommes indiquées en regard de leurs noms respectifs, savoir :

Nom Adresse Profession ou occupation Montant A.B. C.D. E.F.

lesdites sommes devant être prélevées sur leurs biens et effets, terres et tènements, respectivement, pour l’usage de Sa Majesté la Reine, si ledit A.B. ne remplit pas la condition ci-après énoncée.

Fait et reconnu devant moi le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge, Greffier du tribunal, Juge de la cour provinciale ou Juge de paix

1. Attendu que ledit ................, ci-après appelé le prévenu, a été inculpé d’avoir (indiquer l’infraction dont le prévenu a été inculpé);

À ces causes, le présent engagement est subordonné à la condition que si le prévenu est présent au tribunal le ................, ................ jour de ................ en l’an de grâce ........, à ............ heures, et est présent par la suite selon les exigences du tribunal, afin d’être traité selon la loi (ou, lorsque la date et le lieu de la comparution devant le tribunal ne sont pas connus au moment où l’engagement est contracté si le prévenu est présent aux temps et lieu fixés par le tribunal et est présent par la suite, selon les exigences du tribunal, afin d’être traité selon la loi) [515, 520, 521, 522, 523, 524, 525, 680];

Et qu’en outre si le prévenu (insérer dans la Liste de conditions toutes conditions supplémentaires qui sont fixées),

ledit engagement est nul mais qu’au cas contraire il a pleine force et plein effet.

2. Attendu que ledit ................, ci-après appelé l’appelant, interjette appel de la déclaration de culpabilité prononcée contre lui (ou de sa sentence) relativement à l’inculpation suivante (indiquer l’infraction dont l’appelant a été déclaré coupable) [679, 680];

À ces causes, le présent engagement est subordonné à la condition que si l’appelant est présent selon les exigences du tribunal afin d’être traité selon la loi;

Et qu’en outre si l’appelant (insérer dans la Liste de conditions toutes conditions supplémentaires qui sont fixées),

ledit engagement est nul mais qu’au cas contraire il a pleine force et plein effet.

3. Attendu que ledit ................, ci-après appelé l’appelant, interjette appel de la déclaration de culpabilité prononcée contre lui (ou de sa sentence ou d’une ordonnance ou par voie d’exposé de cause) relativement à la question suivante (indiquer l’infraction, le sujet de l’ordonnance ou la question de droit) [816, 831, 832, 834];

À ces causes, le présent engagement est subordonné à la condition que si l’appelant comparaît en personne devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu;

Et qu’en outre si l’appelant (insérer dans la Liste de conditions toutes conditions supplémentaires qui sont fixées),

ledit engagement est nul mais qu’au cas contraire il a pleine force et plein effet.

4. Attendu que ledit ................, ci-après appelé l’appelant, interjette appel d’une ordonnance de rejet (ou d’une sentence) relativement à l’inculpation suivante (indiquer le nom du défendeur ainsi que l’infraction, le sujet de l’ordonnance ou la question de droit) [817, 831, 832, 834];

À ces causes, le présent engagement est subordonné à la condition que si l’appelant comparaît en personne ou par l’intermédiaire d’un avocat, devant la cour d’appel, lors des séances au cours desquelles l’appel doit être entendu, ledit engagement est nul mais qu’au cas contraire il a pleine force et plein effet.

5. Attendu que ledit ................, ci-après appelé le prévenu, a été renvoyé pour subir son procès sur l’inculpation d’avoir (indiquer l’infraction dont le prévenu a été inculpé);

Et attendu que A.B. a comparu en tant que témoin à l’enquête préliminaire sur ladite inculpation [550, 706, 707];

À ces causes, le présent engagement est subordonné à la condition que si ledit A.B. comparaît aux temps et lieu fixés pour le procès du prévenu pour témoigner sur la mise en accusation prononcée contre le prévenu, ledit engagement est nul mais qu’au cas contraire il a pleine force et plein effet.

6. L’engagement écrit ci-dessus est subordonné à la condition que si A.B. garde la paix et a une bonne conduite pendant la période de ...... commençant le ....., ledit engagement est nul mais qu’au cas contraire il a pleine force et plein effet [810 ou 810.1].

7. Attendu qu’un mandat a été délivré en vertu de l’article 462.32 ou qu’une ordonnance de blocage a été rendue en vertu du paragraphe 462.33(3) du Code criminel à l’égard de certains biens, (insérer une description des biens et indiquer leur emplacement);

À ces causes, le présent engagement est subordonné à la condition que ledit A.B. doit s’abstenir de faire quoi que ce soit qui aurait comme conséquence, directe ou indirecte, la disparition des biens visés, une diminution de leur valeur ou leur dissipation de telle façon qu’une ordonnance de confiscation ne pourrait plus être rendue à leur égard en vertu des articles 462.37 ou 462.38 ou d’une autre disposition du Code criminel ou en vertu d’une autre loi fédérale [462.34].

Liste de conditions

a) Se présente à (indiquer à quels moments), à (nom de l’agent de la paix ou autre personne désignés);

b) reste dans les limites de (juridiction territoriale désignée);

c) notifie à (nom de l’agent de la paix ou autre personne désignés) tout changement d’adresse, d’emploi ou d’occupation;

d) s’abstient de communiquer, directement ou indirectement, avec (identification de la victime, du témoin ou de toute autre personne) si ce n’est en conformité avec les conditions suivantes : (celles que le juge de paix ou le juge spécifie);

e) dépose son passeport (ainsi que le juge de paix ou le juge l’ordonne);

f) (autres conditions raisonnables).

Note : L’article 763 et les paragraphes 764(1) à (3) du Code criminel se lisent comme suit :

« 763. Lorsqu’une personne est tenue, par engagement, de comparaître devant un tribunal, un juge de paix ou un juge de la cour provinciale pour une fin quelconque et que la session de ce tribunal ou les procédures sont ajournées, ou qu’une ordonnance est rendue pour changer le lieu du procès, cette personne et ses cautions continuent d’être liées par l’engagement de la même manière que s’il avait été contracté à l’égard des procédures reprises ou du procès aux date, heure et lieu où la reprise des procédures ou la tenue du procès est ordonnée.

764. (1) Lorsqu’un prévenu est tenu, aux termes d’un engagement, de comparaître pour procès, son interpellation ou la déclaration de sa culpabilité ne libère pas de l’engagement, mais l’engagement continue de lier le prévenu et ses cautions, s’il en existe, pour sa comparution jusqu’à ce que le prévenu soit élargi ou condamné, selon le cas.

(2) Nonobstant le paragraphe (1), le tribunal, le juge de paix ou le juge de la cour provinciale peut envoyer un prévenu en prison ou exiger qu’il fournisse de nouvelles cautions ou des cautions supplémentaires pour sa comparution jusqu’à ce qu’il soit élargi ou condamné, selon le cas.

(3) Les cautions d’un prévenu qui est tenu, par engagement, de comparaître pour procès sont libérées si le prévenu est envoyé en prison selon le paragraphe (2). »

FORMULE 33

(article 770)

CERTIFICAT DE DÉFAUT À INSCRIRE SUR L’ENGAGEMENT

Je certifie par les présentes que A.B. (n’a pas comparu ainsi que l’exigeait le présent engagement ou ne s’est pas conformé à une des conditions prévues dans cet engagement) et que, de ce fait (la justice a été contrariée ou les fins de la justice ont été retardées, selon le cas).

Le manquement peut se décrire comme suit : ...................... et la raison du manquement est ................. (indiquer la raison, si elle est connue).

Les noms et adresses du cautionné et de ses cautions sont les suivants :

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

.......

(Signature du greffier du tribunal, juge, juge de paix, juge de la cour provinciale, agent de la paix ou autre personne)

(Sceau, s’il est requis)

FORMULE 34

(article 771)

BREF DE SAISIE-EXÉCUTION

Elizabeth II, par la grâce de Dieu, etc.

Au shérif de (circonscription territoriale), SALUT.

Il vous est par les présentes enjoint de prélever sur les biens et effets, terres et tènements de chacune des personnes suivantes, le montant indiqué en regard de son nom :

Nom Adresse Profession ou occupation Montant

Et il vous est de plus enjoint de faire rapport de ce que vous avez accompli en exécution du présent bref.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Greffier de..........

(Sceau)

FORMULE 35

(articles 570 et 806)

CONDAMNATION

Canada,

Province de ................,

(circonscription territoriale).

Sachez que, le ................ jour de ................ à ................, A.B., (date de naissance) ci­ après appelé le prévenu, a été jugé aux termes de la partie (XIX ou XXVII) du Code criminel sur l’inculpation d’avoir (indiquer pleinement l’infraction dont le prévenu a été

déclaré coupable), a été déclaré coupable de ladite infraction et que la peine suivante lui a été imposée, savoir*

*Utiliser celle des formules de sentence suivantes qui s’applique :

a) que ledit prévenu soit incarcéré dans (prison), à ................, pour la période de ................;

b) que ledit prévenu paie la somme de ................ dollars à appliquer selon la loi et paie également à ................ la somme de ............ dollars à l’égard des frais et qu’à défaut de paiement desdites sommes immédiatement (ou dans le délai imparti, s’il en est), il soit incarcéré dans (prison), à ................, pour la période de ................, à moins que lesdites sommes et les frais et dépenses concernant le renvoi et le transport du prévenu à ladite prison ne soient plus tôt payés;

c) que ledit prévenu soit incarcéré dans (prison), à ................, pour la période de ................; que, de plus, il paie la somme de ............ dollars à appliquer selon la loi et paie également à ................ la somme de ............ dollars à l’égard des frais, et qu’à défaut de paiement desdites sommes immédiatement (ou dans le délai imparti, s’il en est), il soit incarcéré dans (prison), à ................, pour la période de ................ (si la sentence doit être consécutive, l’indiquer en conséquence), à moins que lesdites sommes et les frais et dépenses concernant le renvoi et le transport du prévenu à ladite prison ne soient plus tôt payés.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

........................................

Greffier du tribunal, Juge de paix

ou Juge de la cour provinciale

(Sceau, s’il est requis)

FORMULE 36

(articles 570 et 806)

ORDONNANCE CONTRE UN CONTREVENANT

Canada,

Province de ................,

(circonscription territoriale).

Sachez que, le ............ jour de ............ en l’an de grâce ........, à ............, A.B., (date de naissance) de ............, a été jugé sur une dénonciation (acte d’accusation) énonçant que (indiquer le sujet de la plainte ou l’infraction présumée), et qu’il a été ordonné et décidé que (indiquer l’ordonnance rendue).

Daté du ........ jour de ............ en l’an de grâce ........, à ...........

....... Juge de paix ou Greffier du tribunal

FORMULE 37

(article 570)

ORDONNANCE D’ACQUITTEMENT D’UN PRÉVENU

Canada,

Province de ................,

(circonscription territoriale).

Sachez que, le ................ jour de ................ en l’an de grâce ........, à ................, A.B., de ................, (profession ou occupation) (date de naissance), a été jugé sur l’inculpation d’avoir (indiquer pleinement l’infraction dont le prévenu a été acquitté) et a été déclaré non coupable de ladite infraction.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de la cour provinciale ou Greffier du tribunal

(Sceau, s’il est requis)

FORMULE 38

(article 708)

CONDAMNATION POUR OUTRAGE AU TRIBUNAL

Canada,

Province de ................,

(circonscription territoriale).

Sachez que, le ................ jour de ................ en l’an de grâce ........, à ................, dans (circonscription territoriale), E.F., de ................, ci-après appelé le défaillant, est déclaré coupable par moi d’outrage au tribunal pour n’avoir pas comparu devant (indiquer le tribunal ou le juge de paix) afin de témoigner lors de l’instruction d’une inculpation d’avoir (indiquer pleinement l’infraction dont le prévenu a été inculpé) bien qu’il ait été (dûment assigné ou astreint par engagement à comparaître pour témoigner, selon le cas) et n’a pas offert, devant moi, d’excuse suffisante pour son manquement;

En conséquence, je condamne le défaillant, pour son dit manquement, à (indiquer la peine autorisée et déterminée en conformité avec l’article 708 duCode criminel ).

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Juge de paix ou Greffier du tribunal

(Sceau, s’il est requis)

FORMULE 39

(articles 519 et 550)

ORDONNANCE DE LIBÉRATION D’UNE PERSONNE SOUS GARDE

Canada,

Province de ................,

(circonscription territoriale).

Au gardien de (prison), à ................ :

Je vous ordonne par les présentes de libérer E.F., que vous détenez en vertu (d’un mandat de dépôt ou d’une ordonnance) daté(e) du ................ jour de ................ en l’an de grâce ........, si vous ne détenez pas ledit E.F. pour quelque autre motif.

....... Juge, Juge de paix ou Greffier du tribunal

(Sceau, s’il est requis)

FORMULE 40

(article 629)

RÉCUSATION DU TABLEAU DES JURÉS

Canada,

Province de ................,

(circonscription territoriale).

La Reine

contre

C.D.

Le (poursuivant ou prévenu) récuse le tableau des jurés parce que X.Y., (shérif ou adjoint du shérif), qui l’a préparé, s’est rendu coupable de (partialité ou fraude ou prévarication volontaire) en le préparant.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Avocat (du poursuivant ou du prévenu)

FORMULE 41

(article 639)

RÉCUSATION MOTIVÉE

Canada,

Province de ................,

(circonscription territoriale).

La Reine

contre

C.D.

Le (poursuivant ou prévenu) récuse G.H. pour le motif que (énoncer le motif de la récusation selon le paragraphe 638(1) duCode criminel ).

.......

Avocat (du poursuivant ou du prévenu)

FORMULE 42

(article 827)

CERTIFICAT DE NON-PAIEMENT DES FRAIS D’APPEL

Dans le tribunal de ................

(Titre de la cause)

Je certifie par les présentes que A.B. (l’appelant ou l’intimé, selon le cas) dans le présent appel, ayant reçu l’ordre de payer des frais au montant de ............ dollars, a omis de les payer dans le délai imparti pour leur paiement.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Greffier du tribunal de........

(Sceau)

FORMULE 43

(article 744)

REÇU DU GEÔLIER, DONNÉ À UN AGENT DE LA PAIX ET CONSTATANT LA RÉCEPTION D’UN PRISONNIER

Je certifie par les présentes que j’ai reçu de X.Y., agent de la paix pour (circonscription territoriale), A.B., en même temps (qu’un mandat décerné ou qu’une ordonnance rendue) par (indiquer le tribunal ou le juge de paix, selon le cas).*

*Ajouter une déclaration sur l’état du prisonnier.

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Gardien de (prison)

FORMULE 44

(article 667)

Je, (nom), préposé aux empreintes digitales ainsi nommé pour l’application de l’article 667 du Code criminel par le ministre de la Sécurité publique et de la Protection civile, certifie par les présentes que (nom), aussi connu sous le(s) nom(s) de (nom(s) d’emprunt s’il y en a), numéro de S.E.D. ........, dont les empreintes digitales sont reproduites ci­ dessous ou sont annexées aux présentes (reproduction des empreintes digitales) a été déclaré coupable, absous en vertu de l’article 730 du Code criminel ou a été déclaré coupable et condamné au Canada comme suit :

(casier judiciaire)

Daté du ................ jour de ................ en l’an de grâce ........, à ................ .

....... Préposé aux empreintes digitales

FORMULE 45

(article 667)

Je, (nom), préposé aux empreintes digitales ainsi nommé pour l’application de l’article 667 du Code criminel par le ministre de la Sécurité publique et de la Protection civile, certifie par les présentes que j’ai comparé les empreintes digitales reproduites ou jointes à l’exhibit « A » avec les empreintes digitales reproduites ou annexées au certificat selon la formule 44 marqué exhibit « B », et que ces empreintes digitales sont celles de la même personne.

Daté du ................ jour de ................ en l’an de grâce ........, à ................ .

....... Préposé aux empreintes digitales

FORMULE 46

(article 732.1)

ORDONNANCE DE PROBATION

Canada,

Province de ................,

(circonscription territoriale).

Attendu que, le ................ jour de ................, à ................, A.B., ci-après appelé le délinquant, (a plaidé coupable ou a été jugé aux termes de la (mentionner ici, selon le

cas : partie XIX, XX ou XXVII) du Code criminel et a été (mentionner ici, selon le cas : condamné ou reconnu coupable) après avoir été inculpé de (énoncer ici l’infraction pour laquelle le délinquant, selon le cas, a plaidé coupable, a été condamné ou reconnu coupable);

Et attendu que le ................ jour de ................ le tribunal a décidé*

*Utiliser ici celle des formules de décision suivantes qui s’applique :

a) que le délinquant soit libéré aux conditions prescrites ci-après :

b) de surseoir au prononcé de la peine contre le délinquant et que le délinquant soit relâché aux conditions prescrites ci-après :

c) que le délinquant paye la somme de ................ dollars à appliquer selon la loi et qu’à défaut de paiement de la somme immédiatement (ou dans le délai imparti, s’il en est), il soit incarcéré dans (prison), à ................, pour la période de ................ à moins que la somme et les dépenses concernant le renvoi et le transport de ce délinquant à la prison ne soient plus tôt payées, et, de plus, que le délinquant se conforme aux conditions prescrites ci-après :

d) que le délinquant soit incarcéré dans (prison), à ................, pour la période de ................ et, de plus, que le délinquant se conforme aux conditions prescrites ci-après :

e) que, après la fin du sursis lié à la présente infraction ou à une autre infraction, le délinquant se conforme aux conditions prescrites ci-après :

f) que, après la fin de la peine d’emprisonnement liée à une autre infraction, le délinquant se conforme aux conditions prescrites ci-après :

g) s’il est ordonné au délinquant de purger une peine discontinue, que le délinquant se conforme aux conditions prescrites ci-après lorsqu’il n’est pas incarcéré :

À ces causes, le délinquant doit, pour la période de ................ à compter de la date de la présente ordonnance (ou, lorsque les alinéas d), e) ou f) sont applicables, à compter de la date d’expiration de sa sentence d’emprisonnement ou de la fin de sa peine purgée avec sursis), se conformer aux conditions suivantes, savoir, que le délinquant ne troublera pas l’ordre public et observera une bonne conduite, comparaîtra devant le tribunal lorsqu’il en sera requis par le tribunal, préviendra le tribunal ou l’agent de probation de tout changement d’adresse ou de nom et les avisera rapidement de tout changement d’emploi ou d’occupation et, de plus :

(énoncer ici toutes conditions supplémentaires prescrites en vertu du paragraphe 732.1(3) du Code criminel).

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Greffier du tribunal, Juge de paix ou Juge de la cour provinciale

FORMULE 47

(article 462.48)

ORDONNANCE DE COMMUNICATION DE RENSEIGNEMENTS FISCAUX

Canada,

Province de ................,

(circonscription territoriale).

À A.B., de ................, (profession) :

Attendu qu’il appert de la déclaration sous serment de C.D., de ................, qu’il existe des motifs raisonnables de croire que E.F., de ................, a commis (indication de l’infraction) ou a bénéficié de cette infraction et que les renseignements ou documents suivants (énumération des renseignements ou documents) ont vraisemblablement une valeur importante pour l’enquête qui porte sur cette infraction ou sur un sujet qui s’y rattache;

Attendu qu’il y a des motifs raisonnables de croire qu’il est dans l’intérêt public de permettre l’accès aux renseignements ou documents, compte tenu des avantages pouvant vraisemblablement en résulter pour l’enquête en question;

À ces causes, les présentes ont pour objet de vous autoriser et obliger, entre les heures de (selon ce que le juge indique), pendant la période qui commence le ............ et se termine le ............, à remettre ces renseignements ou documents à l’un des policiers suivants (nommer ici les policiers) et de lui permettre d’en prendre possession ou de lui en permettre l’accès et l’examen en conformité avec les instructions du juge, sous réserve des conditions suivantes (énumération des conditions) : ................. .

Fait le ................ jour de ................ en l’an de grâce ........, à ................ .

....... Signature du juge

FORMULE 48

(article 672.13)

ORDONNANCE D’ÉVALUATION DU TRIBUNAL

Canada

Province de

(circonscription territoriale)

Attendu que j’ai des motifs raisonnables de croire qu’une preuve de l’état mental de (nom de l’accusé), qui a été accusé de ...., peut être nécessaire en vue de * :

] déterminer l’aptitude de l’accusé à subir son procès; [

] décider si l’accusé était atteint de troubles mentaux de nature à ne pas engager sa responsabilité criminelle sous le régime du paragraphe 16(1) du [ Code criminel au moment où l’acte ou l’omission dont il est accusé est survenu;

] décider si l’accusée inculpée d’une infraction liée à la mort de son enfant nouveau-né était mentalement déséquilibrée au moment de la perpétration de l’infraction; [

] dans le cas où un verdict d’inaptitude de l’accusé à subir son procès ou de non­ responsabilité criminelle pour cause de troubles mentaux a été rendu, déterminer la décision indiquée à prendre à l’égard de celui-ci en conformité avec les articles 672.54 ou 672.58 du [ Code criminel;

] dans le cas où un verdict d’inaptitude de l’accusé à subir son procès a été rendu, décider si la suspension de l’instance devrait être prononcée en vertu de l’article 672.851 du [ Code criminel;

J’ordonne qu’une évaluation de l’état mental de (nom de l’accusé) soit effectuée par/à (nom de la personne ou du service par qui l’évaluation doit être effectuée ou de l’endroit où elle doit l’être) sur une période de ..... jours.

La présente ordonnance est en vigueur pendant ............... jours, y compris la durée des déplacements; pendant ce temps, l’accusé doit demeurer * :

] sous garde ( [indiquer le lieu de détention);

] en liberté, sous réserve des conditions suivantes : [

(donner les conditions, le cas échéant)

*Cocher l’énoncé qui s’applique.

Fait à ............... le .......... .

........................................

(Juge de paix ou juge ou greffier du tribunal, selon le cas)

FORMULE 48.1

(article 672.13)

ORDONNANCE D’ÉVALUATION DE LA COMMISSION D’EXAMEN

Canada

Province de

(circonscription territoriale)

Attendu que j’ai des motifs raisonnables de croire qu’une preuve de l’état mental de (nom de l’accusé), qui a été accusé de ...., peut être nécessaire en vue de * :

] dans le cas où un verdict d’inaptitude de l’accusé à subir son procès ou de non­ responsabilité criminelle pour cause de troubles mentaux a été rendu, déterminer la décision indiquée à prendre à l’égard de l’accusé en conformité avec l’article 672.54 du [ Code criminel;

] dans le cas où un verdict d’inaptitude de l’accusé à subir son procès a été rendu, décider s’il y a lieu de recommander au tribunal compétent à l’égard de l’infraction dont l’accusé est inculpé de tenir une audience pour décider si la suspension de l’instance devrait être prononcée en vertu de l’article 672.851 du [ Code criminel;

J’ordonne qu’une évaluation de l’état mental de (nom de l’accusé) soit effectuée par/à (nom de la personne ou du service par qui l’évaluation doit être effectuée ou de l’endroit où elle doit l’être) pour une période de ..... jours.

La présente ordonnance est en vigueur pendant ............... jours, y compris la durée des déplacements; pendant ce temps, l’accusé doit demeurer * :

] sous garde ( [indiquer le lieu de détention);

] en liberté, sous réserve des conditions suivantes : [

(donner les conditions, le cas échéant)

*Cocher l’énoncé qui s’applique.

Fait à ............... le .......... .

........................................

(Président de la commission d’examen)

FORMULE 49

(article 672.57)

MANDAT DE DÉPÔT

DÉCISION DE DÉTENTION

Canada

Province de

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) et au gardien (administrateur, directeur) de la (prison, hôpital ou autre établissement où l’accusé est détenu) ....................

Le présent mandat est décerné pour l’internement de A.B. de ................. (profession ou occupation) ................., ci-après appelé l’accusé.

Attendu que l’accusé a été inculpé de (indiquer brièvement l’infraction dont l’accusé est inculpé),

Attendu qu’il a été décidé que l’accusé* :

☐ était inapte à subir son procès; ☐ n’était pas criminellement responsable pour cause de troubles mentaux.

Les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté, d’appréhender l’accusé et de le conduire sûrement à (prison, hôpital ou autre établissement) et de le livrer au gardien (administrateur, directeur) avec l’ordre suivant :

Il vous est ordonné à vous, gardien (administrateur, directeur) de recevoir l’accusé sous votre garde à (prison, hôpital ou autre établissement) et de l’y détenir sûrement jusqu’à ce qu’il soit livré en d’autres mains selon l’application régulière de la loi.

Les conditions d’internement de l’accusé sont les suivantes :

À titre de gardien (administrateur, directeur) de (prison, hôpital ou autre établissement) les pouvoirs qui suivent — à l’égard des restrictions de la liberté de l’accusé, de leurs modalités et des conditions qui s’y rattachent — vous sont délégués :

* Cocher l’énoncé qui s’applique.

Signé le .......... jour de .................., en l’an de grâce 19....., à ................... .

....... (Juge, greffier de la cour, juge de la cour provinciale, juge de paix ou président de la commission d’examen).

FORMULE 50

(paragraphe 672.7(2))

MANDAT DE DÉPÔT

ORDONNANCE DE PLACEMENT

Canada

Province de

(circonscription territoriale)

Aux agents de la paix de (circonscription territoriale) et au gardien (responsable) de (la prison, l’hôpital ou du lieu désigné)

Le présent mandat est décerné pour l’internement de A.B. de .................... (profession), ci-après appelé l’accusé.

Attendu que l’accusé a été inculpé de (donner une courte description de l’infraction reprochée).

Attendu qu’il a été décidé que l’accusé* :

☐ était inapte à subir son procès; ☐ n’était pas criminellement responsable pour cause de troubles mentaux.

Attendu que la commission d’examen a tenu une audition et décidé que l’accusé devrait être détenu.

Attendu que l’accusé doit être détenu en conformité avec un mandat de dépôt délivré par (nom du juge, du greffier, du juge de la cour provinciale ou du juge de paix et désignation du tribunal et de la circonscription territoriale) le .................... à l’égard de l’infraction suivante :

(donner une courte description de l’infraction dont l’accusé a été inculpé ou déclaré coupable).

Les présentes ont pour objet de vous enjoindre, au nom de Sa Majesté* :

☐ d’exécuter, en conformité avec ses modalités, le mandat délivré par le tribunal ☐ d’exécuter le mandat de dépôt que la commission d’examen délivre par les présentes

* Cocher l’énoncé qui s’applique.

Fait le ................ jour de ..................... en l’an de grâce ........, à .................... .

....... (Président de la commission d’examen)

FORMULE 51

[Abrogée, 2005, ch. 22, art. 41]

FORMULE 52

(article 490.012)

ORDONNANCE ENJOIGNANT DE SE CONFORMER À LA LOI SUR L’ENREGISTREMENT DE RENSEIGNEMENTS SUR LES DÉLINQUANTS SEXUELS

Canada,

Province de ................,

(circonscription territoriale).

À A.B., de ................, (profession ou occupation), (adresse ou, à défaut d’adresse, adresse du tribunal), (date de naissance), (sexe) :

Vous avez été déclaré coupable d’avoir (décrire chaque infraction), en violation de (citer la disposition du Code criminel relative à chaque infraction désignée), infraction(s) désignée(s) au sens du paragraphe 490.011(1) du Code criminel, ou avez fait l’objet d’un verdict de non-responsabilité criminelle pour cause de troubles mentaux à cet égard.

1. Vous devez vous présenter une première fois au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels conformément au paragraphe 4(1) de cette loi.

2. Vous devez vous présenter au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels chaque fois que l’exigent les articles 4.1 ou 4.3 de cette loi durant les .......... années suivant le prononcé de la présente ordonnance (ou, dans le cas de l’alinéa 490.013(2)c) ou de l’un ou l’autre des paragraphes 490.013(2.1) à (5) du Code criminel, durant le reste de votre vie).

3. Un préposé à la collecte de renseignements au bureau d’inscription prendra des renseignements sur vous au titre des articles 5 et 6 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

4. Les renseignements recueillis vous concernant seront enregistrés dans une banque de données et pourront être consultés, communiqués et utilisés conformément à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

5. Vous pouvez demander au préposé à la collecte de renseignements au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels ou, le cas échéant, au prévôt des Forces canadiennes de corriger tout renseignement enregistré dans la banque de données que vous croyez erroné ou incomplet.

6. Vous avez le droit de demander au tribunal de révoquer la présente ordonnance et, le cas échéant, d’appeler de la décision qui sera rendue.

7. Le fait de ne pas vous conformer à la présente ordonnance constitue une infraction qui vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines.

8. Le fait de faire une déclaration fausse ou trompeuse constitue une infraction qui vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines.

Fait le ................., à ......... .

.......................................................

(Signature du juge ou du greffier du tribunal et nom du tribunal en cause)

.........................................................

(Signature de l’intéressé)

FORMULE 53

(articles 490.019 et 490.032)

ORDONNANCE ENJOIGNANT DE SE CONFORMER À LA LOI SUR L’ENREGISTREMENT DE RENSEIGNEMENTS SUR LES DÉLINQUANTS SEXUELS

Canada,

Province de ................,

(circonscription territoriale).

À A.B., de ................ (profession ou occupation), visé par le paragraphe 490.02(1) du Code criminel :

Vu la déclaration de culpabilité du ........ (inscrire la ou les dates) pour ............... (décrire chaque infraction), infraction(s) visée(s) aux alinéas a), c), c.1), d) ou e) de la définition de « infraction désignée » au paragraphe 490.011(1) du Code criminel ou aux alinéas a) ou c) de la définition de « infraction désignée » à l’article 227 de la Loi sur la défense nationale, en violation de ............. (citer la disposition du Code criminel ou de la Loi sur la défense nationale relative à chaque infraction désignée) ou le verdict de non­ responsabilité, à l’égard de cette (ces) infraction(s), avis vous est donné, par les présentes, que vous devez vous conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

1. Vous devez vous présenter une première fois au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels conformément au paragraphe 4(2) de cette loi.

2. Vous devez vous présenter au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels chaque fois que l’exigent les articles 4.1 ou 4.3 de cette loi durant les ......... années suivant le prononcé de votre peine ou le verdict de non-responsabilité, (ou, dans le cas des alinéas 490.022(3)c) ou d) du Code criminel, durant le reste de votre vie) ou pendant la période plus courte prévue au paragraphe 490.022(2) du Code criminel.

3. Un préposé à la collecte au bureau d’inscription prendra des renseignements sur vous au titre des articles 5 et 6 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

4. Les renseignements vous concernant seront enregistrés dans une banque de données et pourront être consultés, communiqués et utilisés conformément à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

5. Vous pouvez demander au préposé à la collecte au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels ou, le cas échéant, au prévôt des Forces canadiennes de corriger tout renseignement enregistré dans la banque de données que vous croyez erroné ou incomplet.

6. Vous avez le droit de demander au tribunal d’être dispensé de l’obligation de vous conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels et, le cas échéant, d’appeler de la décision qui sera rendue.

7. Vous avez le droit de demander au tribunal de prononcer l’extinction de votre obligation et, le cas échéant, d’appeler de la décision qui sera rendue.

8. Le défaut de vous conformer à votre obligation constitue une infraction qui vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines.

9. Le fait de faire une déclaration fausse ou trompeuse constitue une infraction qui vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines.

Fait le ................., à ......... .

FORMULE 54

(articles 490.02901, 490.02905 et 490.032)

OBLIGATION DE SE CONFORMER À LA LOI SUR L’ENREGISTREMENT DE RENSEIGNEMENTS SUR LES DÉLINQUANTS SEXUELS

À A.B., de ................, (profession ou occupation), (adresse au Canada), (date de naissance), (sexe) :

Vu que vous avez été déclaré coupable ou non responsable criminellement pour cause de troubles mentaux le (indiquer la date), au (ou, en) (indiquer le lieu), à l’égard d’une infraction (ou, d’infractions) que le (procureur général de la province ou ministre de la Justice du territoire, selon le cas) a identifiée(s) comme correspondant à (décrire chaque infraction), en violation de (citer la disposition du Code criminel relative à chaque infraction désignée), infraction(s) désignée(s) au sens du paragraphe 490.011(1) du Code criminel,

Avis vous est donné que vous devez vous conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

1. Vous devez vous présenter une première fois au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels conformément au paragraphe 4(2) de cette loi.

2. Vous devez vous présenter au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels chaque fois que l’exigent les articles 4.1 ou 4.3 de cette loi durant les ......... années suivant le prononcé de votre peine ou du verdict de non-responsabilité criminelle pour cause de troubles mentaux (ou, dans le cas des alinéas 490.02904(3)c) ou d) du Code criminel, durant le reste de votre vie vu que vous avez été déclaré coupable ou non responsable criminellement pour cause

__________

de troubles mentaux de (décrire chaque infraction), en violation de (citer la disposition du Code criminel relative à chaque infraction désignée), infraction(s) désignée(s) au sens du paragraphe 490.011(1) du Code criminel) ou pendant la période plus courte prévue au paragraphe 490.02904(2) du Code criminel.

3. Un préposé à la collecte de renseignements au bureau d’inscription prendra des renseignements sur vous au titre des articles 5 et 6 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

4. Les renseignements recueillis vous concernant seront enregistrés dans une banque de données et pourront être consultés, communiqués et utilisés conformément à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

5. Vous pouvez demander au préposé à la collecte de renseignements au bureau d’inscription visé à l’article 7.1 de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels de corriger tout renseignement enregistré dans la banque de données que vous croyez erroné ou incomplet.

6. Vous avez le droit de demander au tribunal d’être dispensé de l’obligation de vous conformer à la Loi sur l’enregistrement de renseignements sur les délinquants sexuels et, le cas échéant, d’appeler de la décision qui sera rendue.

7. Vous avez le droit de demander au tribunal de prononcer l’extinction de votre obligation et, le cas échéant, d’appeler de la décision qui sera rendue.

8. Le fait de ne pas vous conformer à votre obligation constitue une infraction qui vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines.

9. Le fait de faire une déclaration fausse ou trompeuse constitue une infraction qui vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines.

Date de signification : ....... .

À des fins administratives seulement :

Date de la déclaration de culpabilité ou du verdict de non-responsabilité criminelle pour cause de troubles mentaux : ....... .

L.R. (1985), ch. C-46, partie XXVIII; L.R. (1985), ch. 27 (1er suppl.), art. 101(A), 184 et 203, ch. 1 (4e suppl.), art. 17 et 18(F), ch. 42 (4e suppl.), art. 6 à 8; 1991, ch. 43, art. 8; 1992, ch. 1, art. 58; 1993, ch. 45, art. 12 à 14; 1994, ch. 44, art. 84; 1995, ch. 22, art. 9, 10 et 18; 1997, ch. 18, art. 115, ch. 30, art. 3, ch. 39, art. 3; 1998, ch. 37, art. 24; 1999, ch. 3, art. 58, ch. 5, art. 45 à 47, ch. 25, art. 24 à 27(préambule); 2000, ch. 10, art. 24; 2002, ch. 1, art. 185 et 186, ch. 13, art. 85 et 86(F); 2004, ch. 10, art. 21, ch. 12, art. 17; 2005,

ch. 10, art. 34, ch. 22, art. 40 et 41, ch. 25, art. 12 et 13; 2007, ch. 5, art. 30 et 31, ch. 22, art. 23 à 26; 2008, ch. 18, art. 45.1; 2009, ch. 29, art. 4; 2010, ch. 17, art. 26 et 27.

Version précédente

DISPOSITIONS CONNEXES

 — 1991, ch. 43, par. 10(1) à (7), modifié par 2005, ch. 22, art. 43

Maintien en vigueur des mandats du lieutenant-gouverneur

10. (1) Toute ordonnance de détention d’un accusé rendue en vertu des articles 614, 615 ou 617 du Code criminel ou des articles 200 ou 201 de la Loi sur la défense nationale, dans leur version antérieure à l’entrée en vigueur de l’article 3 ou 18 de la présente loi, reste en vigueur sous réserve de toute autre ordonnance rendue par un tribunal ou la commission d’examen en vertu de l’article 672.54 du Code criminel.

Révision automatique

(2) La commission d’examen d’une province doit, dans les douze mois suivant l’entrée en vigueur du présent article, examiner le cas de chaque personne détenue sous garde dans un lieu de la province en conformité avec une ordonnance rendue en vertu des articles 614, 615 ou 617 du Code criminel ou des articles 200 ou 201 de la Loi sur la défense nationale, dans leur version antérieure à l’entrée en vigueur de l’article 3 ou 18 de la présente loi.

Application des articles 672.5 à 672.85

(3) Les articles 672.5 à 672.85 du Code criminel s’appliquent, avec les adaptations nécessaires, aux examens visés au paragraphe (2) comme si :

a) ces examens constituaient des révisions de décision effectuées en vertu de l’article 672.81 de cette loi;

b) le mandat du lieutenant-gouverneur autorisant l’internement d’une personne était une décision rendue en vertu de l’article 672.54 de cette loi.

c) et d) [Abrogés, 2005, ch. 22, art. 43]

(4) à (7) [Abrogés, 2005, ch. 22, art. 43]

 — 2004, ch. 12, art. 22

Adaptations - 2001, ch. 32, par. 82(1), (2) et (4)

22. Il est entendu que, étant donné la scission, le 2 octobre 2001, du projet de loi C-15, déposé au cours de la 1re session de la 37e législature et intitulé Loi de 2001 modifiant le droit criminel, l’article 82 de la Loi modifiant le Code criminel (crime organisé et application de la loi) et d’autres lois en conséquence (appelée « la loi » au présent article), chapitre 32 des Lois du Canada (2001), doit se lire avec les adaptations suivantes :

a) la mention du projet de loi C-15, au paragraphe 82(1) de la loi, vaut mention, pour ce qui touche les paragraphes 82(2) et (4) de la loi, du projet de loi C-15A résultant de cette scission et portant le même titre que le projet de loi C-15;

b) la mention de l’article 25 de l’autre loi, au paragraphe 82(2) de la loi, vaut mention de l’article 16 du projet de loi C-15A;

c) la mention de l’article 62 de l’autre loi, au paragraphe 82(4) de la loi, vaut mention de l’article 52 du projet de loi C-15A.

 — 2004, ch. 12, art. 23

Adaptations - 2001, ch. 32, par. 82(1) et (3)

23. Il est entendu que, étant donné la scission, le 2 octobre 2001, du projet de loi C-15, déposé au cours de la 1re session de la 37e législature et intitulé Loi de 2001 modifiant le droit criminel et la scission au Sénat, le 3 décembre 2002, du projet de loi C-10, déposé au cours de la 2e session de la 37e législature et intitulé Loi modifiant le Code criminel (cruauté envers les animaux et armes à feu) et la Loi sur les armes à feu, l’article 82 de la Loi modifiant le Code criminel (crime organisé et application de la loi) et d’autres lois en conséquence (appelée «la loi » au présent article), chapitre 32 des Lois du Canada (2001), doit se lire avec les adaptations suivantes :

a) la mention du projet de loi C-15, au paragraphe 82(1) de la loi, vaut mention, pour ce qui touche le paragraphe 82(3) de la loi, du projet de loi C-10A résultant de la scission du projet de loi C-10 et intitulé Loi modifiant le Code criminel (armes à feu) et la Loi sur les armes à feu;

b) la mention de l’article 32 de l’autre loi, au paragraphe 82(3) de la loi, vaut mention de l’article 8 du projet de loi C-10A.

 — 2005, ch. 32, art. 27.1

Examen

27.1 (1) Cinq ans après l’entrée en vigueur du présent article, un comité, soit du Sénat, soit de la Chambre des communes, soit mixte, désigné ou constitué à cette

fin, doit entreprendre un examen approfondi de la présente loi ainsi que de l’application de ses dispositions.

Rapport

(2) Dans les six mois suivant le début de son examen ou dans le délai supérieur que le Parlement ou la chambre en question, selon le cas, lui accorde, le comité remet au Parlement son rapport, qui fait état notamment des modifications qu’il recommande.

 — 2009, ch. 28, art. 12

Examen

12. Dans les cinq ans qui suivent la sanction de la présente loi, un examen approfondi des dispositions et de l’application de la présente loi doit être fait par le comité soit du Sénat, soit de la Chambre des communes, soit mixte, que le Parlement ou la chambre en question, selon le cas, désigne ou constitue à cette fin.

 — 2009, ch. 29, art. 5

Application : personnes inculpées après l’entrée en vigueur

5. Les paragraphes 719(3) à (3.4) de la même loi, édictés par l’article 3 de la présente loi, ne s’appliquent qu’à l’égard des personnes inculpées après leur entrée en vigueur.

MODIFICATIONS NON EN VIGUEUR

 — Le sous-alinéa 258(1)c)(i), tel qu’édicté par L.R. (1985), ch. 27 (1er suppl.), art. 36

(i) au moment où chaque échantillon a été prélevé, la personne qui le prélevait a offert de remettre à l’accusé, pour son propre usage, un spécimen de son haleine dans un contenant approuvé, et si, sur demande de l’accusé faite à ce moment-là, un tel spécimen lui a été alors remis,

 — La division 258(1)g)(iii)(A), telle qu’édictée par L.R. (1985), ch. 27 (1er suppl.), art. 36

(A) qu’au moment où chaque échantillon a été prélevé, il a offert de remettre à l’accusé, pour son propre usage, un spécimen de son haleine, dans un contenant approuvé, et que, à la demande de l’accusé faite à ce moment-là, un tel spécimen lui a été alors remis,

 — L’article 97, édicté par 1995, ch. 39, art. 139

Disposition d’une arbalète sans permis

97. (1) Commet une infraction quiconque vend, échange ou donne une arbalète à une personne sans que celle-ci ne lui présente, pour examen au moment de la transaction, un permis qu’il n’a aucun motif raisonnable de croire invalide ni délivré à une personne autre que celle qui le lui présente.

Peine

(2) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Application

(3) Le paragraphe (1) ne s’applique pas à quiconque prête une arbalète à une personne lorsque celle-ci est sous la surveillance directe d’une autre qui peut légalement en avoir la possession.

 — 1996, ch. 34, art. 1

1990, ch. 17, art. 14; 1992, ch. 51, art. 39

1. L’article 745 du Code criminel est remplacé par ce qui suit :

Demande de révision judiciaire

745. (1) Sous réserve du paragraphe (2), une personne peut demander, par écrit, au juge en chef compétent de la province où a eu lieu sa déclaration de culpabilité la réduction du délai préalable à sa libération conditionnelle si :

a) elle a été déclarée coupable de haute trahison ou de meurtre;

b) elle a été condamnée à l’emprisonnement à perpétuité avec délai préalable à sa libération conditionnelle de plus de quinze ans;

c) elle a purgé au moins quinze ans de sa peine.

Exception — auteurs de meurtres multiples

(2) La personne déclarée coupable de plus d’un meurtre ne peut présenter une demande en vertu du paragraphe (1), que des procédures aient ou non été engagées à l’égard d’un des meurtres au moment de la commission d’un autre meurtre.

Définition de « juge en chef compétent »

(3) Pour l’application du présent article et des articles 745.1 à 745.4, « juge en chef compétent » désigne :

a) dans la province d’Ontario, le juge en chef de la Cour de l’Ontario;

b) dans la province de Québec, le juge en chef de la Cour supérieure;

c) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, le juge en chef de la Section de première instance de la Cour suprême;

d) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, le juge en chef de la Cour du Banc de la Reine;

e) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, le juge en chef de la Cour suprême;

f) dans le territoire du Yukon et les Territoires du Nord-Ouest, le juge en chef de la Cour d’appel.

Sélection

745.1 (1) Sur réception de la demande prévue au paragraphe 745(1), le juge — juge en chef compétent ou juge de la cour supérieure de juridiction criminelle qu’il désigne à cette fin — décide, en se fondant sur les documents suivants, si le requérant a démontré, selon la prépondérance des probabilités, qu’il existe une possibilité réelle que la demande soit accueillie :

a) la demande;

b) tout rapport fourni par le Service correctionnel du Canada ou une autre autorité correctionnelle;

c) tout autre document que le procureur général ou le requérant présente au juge.

Critères

(2) Le juge prend la décision visée au paragraphe (1) en fonction des critères énoncés aux alinéas 745.3(1)a) à e), compte tenu des adaptations nécessaires.

Décision quant à la nouvelle demande

(3) S’il décide que le requérant n’a pas démontré qu’il existe une possibilité réelle que la demande soit accueillie, le juge peut soit fixer un délai d’au moins deux ans — suivant la date de la décision — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745(1), soit décider que celui-ci ne pourra présenter une telle demande.

Aucune décision quant à la nouvelle demande

(4) Si le juge décide que le requérant n’a pas démontré qu’il existe une possibilité réelle que la demande soit accueillie, sans toutefois fixer le délai prévu au paragraphe (3) ni décider qu’aucune nouvelle demande ne pourra être présentée, il sera loisible au requérant de présenter une nouvelle demande au plus tôt deux ans après la date de la décision.

Juge chargé de constituer un jury

(5) Si le juge décide que le requérant a démontré qu’il existe une possibilité réelle que la demande soit accueillie, le juge en chef charge un juge de la cour supérieure de juridiction criminelle de constituer un jury pour entendre la demande.

Appel

745.2 (1) Le requérant ou le procureur général peuvent interjeter appel à la cour d’appel d’une décision rendue en vertu de l’article 745.1 sur toute question de droit ou de fait ou toute question mixte de droit et de fait.

Documents

(2) Il est statué sur l’appel sur le fondement des documents présentés au juge qui a rendu la décision, des motifs de celle-ci et de tout autre document que la cour d’appel exige.

Articles applicables

(3) Les articles 673 à 696 s’appliquent avec les adaptations nécessaires.

Audience

745.3 (1) Le jury constitué en vertu du paragraphe 745.1(5) pour entendre la demande du requérant décide s’il y a lieu de réduire le délai préalable à la libération conditionnelle de celui-ci, en fonction des critères suivants :

a) le caractère du requérant;

b) sa conduite durant l’exécution de sa peine;

c) la nature de l’infraction pour laquelle il a été condamné;

d) tout autre renseignement fourni par la victime au moment de l’infliction de la peine ou lors de l’audience prévue au présent article;

e) tout autre renseignement que le juge estime utile dans les circonstances.

Définition de « victime »

(2) À l’alinéa (1)d), « victime » s’entend au sens du paragraphe 735(1.4).

Réduction

(3) Le jury peut décider qu’il y a lieu de réduire le délai préalable à la libération conditionnelle du requérant. La décision est prise à l’unanimité.

Aucune réduction

(4) Le délai préalable à la libération conditionnelle du requérant n’est pas réduit si, selon le cas :

a) le jury décide qu’il n’y a pas lieu de le réduire;

b) il conclut qu’il n’est pas en mesure de décider à l’unanimité qu’il y a lieu de le réduire;

c) le juge qui préside conclut que le jury, après une période suffisante de délibérations, n’est pas en mesure de décider à l’unanimité qu’il y a lieu de le réduire.

Décision de réduire le délai

(5) Le jury, s’il décide qu’il y a lieu de réduire le délai préalable à la libération conditionnelle du requérant, peut, par décision des deux tiers au moins de ses membres, en ce qui concerne ce délai :

a) en réduire le nombre d’années;

b) le supprimer.

Nouvelle demande

(6) Si le délai préalable à la libération conditionnelle du requérant n’est pas réduit, le jury peut soit fixer un délai d’au moins deux ans — suivant la date de la décision ou de la conclusion visées au paragraphe (4) — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745(1), soit décider que celui-ci ne pourra pas présenter une telle demande.

Majorité des deux tiers

(7) Le jury fixe le délai visé au paragraphe (6) ou prend la décision qui y est visée à la majorité des deux tiers au moins de ses membres.

Aucune décision quant à la nouvelle demande

(8) Si le jury ne fixe pas le délai à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande ou ne décide pas qu’aucune telle demande ne pourra être présentée, il sera loisible au requérant de présenter cette demande au plus tôt deux ans après la date de la décision ou de la conclusion visées au paragraphe (4).

Règles

745.4 (1) Le juge en chef compétent de chaque province ou territoire peut établir les règles applicables pour l’application des articles 745 à 745.3.

Territoires

(2) Le juge en chef compétent peut charger un juge de la Cour d’appel ou de la Cour suprême du territoire du Yukon ou des Territoires du Nord-Ouest, selon le cas, de prendre la décision visée au paragraphe 745.1(1) ou de constituer, en vertu du paragraphe 745.1(5), un jury qui entendra les demandes relatives aux déclarations de culpabilité prononcées dans ces territoires.

 — 1996, ch. 34, par. 2(1)

2. (1) L’article 6 de la Loi modifiant le Code criminel (détermination de la peine) et d’autres lois en conséquence est modifié en remplaçant l’article 745.6 du Code criminel, édicté par cet article 6, par ce qui suit :

Demande de révision judiciaire

745.6 (1) Sous réserve du paragraphe (2), une personne peut demander, par écrit, au juge en chef compétent de la province où a eu lieu sa déclaration de culpabilité la réduction du délai préalable à sa libération conditionnelle si :

a) elle a été déclarée coupable de haute trahison ou de meurtre;

b) elle a été condamnée à l’emprisonnement à perpétuité avec délai préalable à sa libération conditionnelle de plus de quinze ans;

c) elle a purgé au moins quinze ans de sa peine.

Exception — auteurs de meurtres multiples

(2) La personne déclarée coupable de plus d’un meurtre ne peut présenter une demande en vertu du paragraphe (1), que des procédures aient ou non été engagées à l’égard d’un des meurtres au moment de la commission d’un autre meurtre.

Définition de « juge en chef compétent »

(3) Pour l’application du présent article et des articles 745.61 à 745.64, « juge en chef compétent » désigne :

a) dans la province d’Ontario, le juge en chef de la Cour de l’Ontario;

b) dans la province de Québec, le juge en chef de la Cour supérieure;

c) dans les provinces de l’Île-du-Prince-Édouard et de Terre-Neuve, le juge en chef de la Section de première instance de la Cour suprême;

d) dans les provinces du Nouveau-Brunswick, du Manitoba, de la Saskatchewan et d’Alberta, le juge en chef de la Cour du Banc de la Reine;

e) dans les provinces de la Nouvelle-Écosse et de la Colombie-Britannique, le juge en chef de la Cour suprême;

f) dans le territoire du Yukon et les Territoires du Nord-Ouest, le juge en chef de la Cour d’appel.

Sélection

745.61 (1) Sur réception de la demande prévue au paragraphe 745.6(1), le juge — juge en chef compétent ou juge de la cour supérieure de juridiction criminelle qu’il désigne à cette fin — décide, en se fondant sur les documents suivants, si le requérant a démontré, selon la prépondérance des probabilités, qu’il existe une possibilité réelle que la demande soit accueillie :

a) la demande;

b) tout rapport fourni par le Service correctionnel du Canada ou une autre autorité correctionnelle;

c) tout autre document que le procureur général ou le requérant présente au juge.

Critères

(2) Le juge prend la décision visée au paragraphe (1) en fonction des critères énoncés aux alinéas 745.63(1)a) à e), compte tenu des adaptations nécessaires.

Décision quant à la nouvelle demande

(3) S’il décide que le requérant n’a pas démontré qu’il existe une possibilité réelle que la demande soit accueillie, le juge peut soit fixer un délai d’au moins deux ans — suivant la date de la décision — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745.6(1), soit décider que celui-ci ne pourra présenter une telle demande.

Aucune décision quant à la nouvelle demande

(4) Si le juge décide que le requérant n’a pas démontré qu’il existe une possibilité réelle que la demande soit accueillie, sans toutefois fixer le délai prévu au paragraphe (3) ni décider qu’aucune nouvelle demande ne pourra être présentée, il sera loisible au requérant de présenter une nouvelle demande au plus tôt deux ans après la date de la décision.

Juge chargé de constituer un jury

(5) Si le juge décide que le requérant a démontré qu’il existe une possibilité réelle que la demande soit accueillie, le juge en chef charge un juge de la cour supérieure de juridiction criminelle de constituer un jury pour entendre la demande.

Appel

745.62 (1) Le requérant ou le procureur général peuvent interjeter appel à la cour d’appel d’une décision rendue en vertu de l’article 745.61 sur toute question de droit ou de fait ou toute question mixte de droit et de fait.

Document

(2) Il est statué sur l’appel sur le fondement des documents présentés au juge qui a rendu la décision, des motifs de celle-ci et de tout autre document que la cour d’appel exige.

Articles applicables

(3) Les articles 673 à 696 s’appliquent avec les adaptations nécessaires.

Audience

745.63 (1) Le jury constitué en vertu du paragraphe 745.61(5) pour entendre la demande du requérant décide s’il y a lieu de réduire le délai préalable à la libération conditionnelle de celui-ci, en fonction des critères suivants :

a) le caractère du requérant;

b) sa conduite durant l’exécution de sa peine;

c) la nature de l’infraction pour laquelle il a été condamné;

d) tout autre renseignement fourni par la victime au moment de l’infliction de la peine ou lors de l’audience prévue au présent article;

e) tout autre renseignement que le juge estime utile dans les circonstances.

Définition de « victime »

(2) À l’alinéa (1)d), « victime » s’entend au sens du paragraphe 722(4).

Réduction

(3) Le jury peut décider qu’il y a lieu de réduire le délai préalable à la libération conditionnelle du requérant. La décision est prise à l’unanimité.

Aucune réduction

(4) Le délai préalable à la libération conditionnelle du requérant n’est pas réduit si, selon le cas :

a) le jury décide qu’il n’y a pas lieu de le réduire;

b) il conclut qu’il n’est pas en mesure de décider à l’unanimité qu’il y a lieu de le réduire;

c) le juge qui préside conclut que le jury, après une période suffisante de délibérations, n’est pas en mesure de décider à l’unanimité qu’il y a lieu de le réduire.

Décision de réduire le délai

(5) Le jury, s’il décide qu’il y a lieu de réduire le délai préalable à la libération conditionnelle du requérant, peut, par décision des deux tiers au moins de ses membres, en ce qui concerne ce délai :

a) en réduire le nombre d’années;

b) le supprimer.

Nouvelle demande

(6) Si le délai préalable à la libération conditionnelle du requérant n’est pas réduit, le jury peut soit fixer un délai d’au moins deux ans — suivant la date de la décision ou de la conclusion visées au paragraphe (4) — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745.6(1), soit décider que celui-ci ne pourra pas présenter une telle demande.

Majorité des deux tiers

(7) Le jury fixe le délai visé au paragraphe (6) ou prend la décision qui y est visée à la majorité des deux tiers au moins de ses membres.

Aucune décision quant à la nouvelle demande

(8) Si le jury ne fixe pas le délai à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande ou ne décide pas qu’aucune telle demande ne pourra être présentée, il sera loisible au requérant de présenter cette demande au plus tôt deux ans après la date de la décision ou de la conclusion visées au paragraphe (4).

Règles

745.64 (1) Le juge en chef compétent de chaque province ou territoire peut établir les règles applicables pour l’application des articles 745.6 à 745.63.

Territoires

(2) Le juge en chef compétent peut charger un juge de la Cour d’appel ou de la Cour suprême du territoire du Yukon ou des Territoires du Nord-Ouest, selon le cas, de prendre la décision visée au paragraphe 745.61(1) ou de constituer, en vertu du paragraphe 745.61(5), un jury qui entendra les demandes relatives aux déclarations de culpabilité prononcées dans ces territoires.

 — 1996, ch. 34, art. 3 à 5

3. Le paragraphe 745(2) du Code criminel, édicté par l’article 1 de la présente loi, ne s’applique à une personne que si au moins un des meurtres dont elle a été déclarée coupable a été commis après l’entrée en vigueur de ce paragraphe.

 — 1996, ch. 34, art. 3 à 5

4. Les articles 745.1 à 745.3 du Code criminel — à l’exception de l’alinéa 745.3(1)d) —, édictés par l’article 1 de la présente loi, s’appliquent à toute demande de révision judiciaire présentée après l’entrée en vigueur du paragraphe 745(1) du Code criminel, édicté par le même article, à l’égard de crimes commis avant ou après cette entrée en vigueur, sauf si, avant celle-ci, le requérant a présenté une demande en vertu du paragraphe 745(1) du Code criminel dans sa version antérieure à l’entrée en vigueur de ce même paragraphe, édicté par l’article 1 de la présente loi, et aucune décision à l’égard de cette demande n’a été rendue.

 — 1996, ch. 34, art. 3 à 5

5. L’alinéa 745.3(1)d) du Code criminel, édicté par l’article 1 de la présente loi, s’applique à toute demande de révision judiciaire présentée après l’entrée en vigueur du paragraphe 745(1) du Code criminel, édicté par le même article, à l’égard de crimes commis après cette entrée en vigueur.

 — 1997, ch. 18, art. 106 et 107

106. (1) L’alinéa 717(4)a) de la même loi est remplacé par ce qui suit :

a) est, au moment de l’infliction de la peine, sous le coup d’une sentence pour infraction et si une période d’emprisonnement, soit à défaut du paiement d’une amende, soit autrement, est imposée;

(2) Le passage de l’alinéa 717(4)c) de la même loi précédant le sous-alinéa (i) est remplacé par ce qui suit :

c) est déclaré coupable de plus d’une infraction et si, selon le cas :

(3) Le passage du paragraphe 717(4) de la même loi suivant le sous-alinéa c)(iii) est remplacé par ce qui suit :

le tribunal qui inflige la peine à l’accusé peut ordonner que les périodes d’emprisonnement soient purgées l’une après l’autre.

 — 1997, ch. 18, art. 106 et 107

L.R., ch. 1 (4e suppl.), art. 18, ann. I, no 23(F)

107. Le paragraphe 736(1) de la même loi est remplacé par ce qui suit :

Absolution inconditionnelle et sous condition

736. (1) Le tribunal devant lequel comparaît un accusé, autre qu’une personne morale, qui plaide coupable ou est reconnu coupable d’une infraction pour laquelle la loi ne prescrit pas une peine minimale ou qui n’est pas punissable d’un emprisonnement de quatorze ans ou de l’emprisonnement à perpétuité peut, s’il considère qu’il y va de l’intérêt véritable de l’accusé sans nuire à l’intérêt public, au lieu de le condamner, prescrire par ordonnance qu’il soit absous inconditionnellement ou aux conditions prescrites dans une ordonnance de probation.

 — 2001, ch. 32, par. 82(1) et (3)

Projet de loi C-15

82. (1) Les paragraphes (2) à (4) s’appliquent en cas de sanction du projet de loi C-15 [C-10A]*, déposé au cours de la 1re session de la 37e législature et intitulé Loi de 2001 modifiant le droit criminel (appelé « autre loi » [2003, ch. 8]* au présent article).

Alternative

(3) À l’entrée en vigueur du paragraphe 37(1) de la présente loi ou à celle de l’article 32 [8]* de l’autre loi [2003, ch. 8]*, la dernière en date étant à retenir, le paragraphe 515(4.1) de la version française du Code criminel, est remplacé par ce qui suit :

Condition additionnelle

(4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée aux articles 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux ci.

*[Note: Voir 2004, ch. 12, art. 23.]

 — 2003, ch. 8, art. 8

1999, ch. 25, par. 8(3)

8. Le paragraphe 515(4.1) de la même loi est remplacé par ce qui suit :

Condition additionnelle

(4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée à l’article 264 (harcèlement criminel), d’une infraction relative à la contravention des paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux-ci.

 — 2010, ch. 14, art. 2

2. (1) L’alinéa a) de la définition de « infraction », à l’article 183 du Code criminel, est modifié par adjonction, après le sous-alinéa (liv), de ce qui suit :

(liv.1) l’article 333.1 (vol d’un véhicule à moteur),

(2) L’alinéa a) de la définition de « infraction », à l’article 183 de la même loi, est modifié par adjonction, après le sous-alinéa (lxii), de ce qui suit :

(lxii.1) l’article 353.1 (modification du numéro d’identification d’un véhicule),

(3) L’alinéa a) de la définition de « infraction », à l’article 183 de la même loi, est modifié par adjonction, après le sous-alinéa (lxiii), de ce qui suit :

(lxiii.1) l’article 355.2 (trafic de biens criminellement obtenus),

(lxiii.2) l’article 355.4 (possession de biens criminellement obtenus — trafic),

 — 2010, ch. 14, art. 3

3. La même loi est modifiée par adjonction, après l’article 333, de ce qui suit :

Vol d’un véhicule à moteur

333.1 (1) Quiconque commet un vol est, si l’objet volé est un véhicule à moteur, coupable d’une infraction passible, sur déclaration de culpabilité :

a) par mise en accusation, d’un emprisonnement maximal de dix ans, la peine minimale étant de six mois dans le cas d’une troisième infraction prévue au présent paragraphe ou de toute autre récidive subséquente;

b) par procédure sommaire, d’un emprisonnement maximal de dix-huit mois.

Récidive

(2) Afin qu’il soit décidé s’il s’agit d’une troisième infraction ou de toute autre récidive subséquente, il est tenu compte de toute condamnation antérieure, que l’infraction en cause ait été poursuivie par mise en accusation ou par procédure sommaire.

 — 2010, ch. 14, art. 4

4. La même loi est modifiée par adjonction, après l’article 353, de ce qui suit :

Modification du numéro d’identification d’un véhicule

353.1 (1) Commet une infraction quiconque, sans excuse légitime, modifie, enlève ou oblitère, en tout ou en partie, le numéro d’identification d’un véhicule à moteur.

Définition de « numéro d’identification »

(2) Pour l’application du présent article, « numéro d’identification » s’entend de tout numéro ou de toute autre marque apposé sur un véhicule à moteur et ayant pour but de le distinguer des véhicules semblables.

Exception

(3) Malgré le paragraphe (1), ne constitue pas une infraction le fait de modifier, d’enlever ou d’oblitérer, en tout ou en partie, le numéro d’identification d’un véhicule à moteur dans le cadre de son entretien normal ou de toute réparation ou de tout travail effectué sur celui-ci dans un but légitime, notamment lorsqu’une modification y est apportée.

Peine

(4) Quiconque commet l’infraction prévue au paragraphe (1) est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

 — 2010, ch. 14, art. 5

5. L’intertitre précédant l’article 354 de la même loi est remplacé par ce qui suit :

Possession et trafic

 — 2010, ch. 14, art. 6

6. La même loi est modifiée par adjonction, après l’article 355, de ce qui suit :

Définition de « trafic »

355.1 Pour l’application des articles 355.2 et 355.4, « trafic » s’entend de la vente, de la cession, du transfert, du transport, de l’exportation du Canada, de l’importation au Canada, de l’envoi, de la livraison ou de tout autre mode de disposition, ou de toute offre d’accomplir l’un de ces actes.

Trafic de biens criminellement obtenus

355.2 Commet une infraction quiconque fait le trafic d’un bien, d’une chose ou de leur produit sachant que tout ou partie de ceux-ci a été obtenu ou provient directement ou indirectement :

a) soit de la perpétration, au Canada, d’une infraction punissable sur acte d’accusation;

b) soit d’un acte ou d’une omission en quelque endroit que ce soit qui aurait constitué, s’il avait eu lieu au Canada, une infraction punissable sur acte d’accusation.

Prohibition réelle

355.3 Est prohibée l’exportation du Canada ou l’importation au Canada d’un bien, d’une chose ou de leur produit dont tout ou partie a été obtenu ou provient directement ou indirectement :

a) soit de la perpétration, au Canada, d’une infraction punissable sur acte d’accusation;

b) soit d’un acte ou d’une omission en quelque endroit que ce soit qui aurait constitué, s’il avait eu lieu au Canada, une infraction punissable sur acte d’accusation.

   

Possession de biens criminellement obtenus — trafic

355.4 Commet une infraction quiconque a en sa possession dans le but d’en faire le trafic un bien, une chose ou leur produit sachant que tout ou partie de ceux-ci a été obtenu ou provient directement ou indirectement :

a) soit de la perpétration, au Canada, d’une infraction punissable sur acte d’accusation;

b) soit d’un acte ou d’une omission en quelque endroit que ce soit qui aurait constitué, s’il avait eu lieu au Canada, une infraction punissable sur acte d’accusation.

Peine

355.5 Quiconque commet une infraction prévue aux articles 355.2 ou 355.4 :

a) est coupable d’un acte criminel passible d’un emprisonnement maximal de quatorze ans, si la valeur de l’objet de l’infraction dépasse 5 000 $;

b) est coupable, si la valeur de l’objet de l’infraction ne dépasse pas 5 000 $ :

(i) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans,

(ii) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

 — 2010, ch. 14, art. 7

2005, ch. 44, par. 1(2)

7. Le sous-alinéa 462.3(3)b)(i) de la même loi est remplacé par ce qui suit :

(i) d’une infraction prévue aux articles 354, 355.2, 355.4 ou 462.31, dans les cas où l’infraction présumée découle de comportements constituant en tout ou en partie une présumée contravention à une loi fédérale — autre que la présente loi — ou aux règlements d’application d’une telle loi fédérale,

 — 2010, ch. 14, art. 8

2001, ch. 32, par. 17(3)

8. Le paragraphe 462.34(7) de la même loi est remplacé par ce qui suit :

Réserve

(7) Les articles 354, 355.2 et 355.4 ne s’appliquent pas à la personne qui obtient la possession d’un bien qui, en vertu d’une ordonnance rendue sous le régime de l’alinéa (4)c), a été remis à une personne après avoir été saisi ou a été exclu de l’application d’une ordonnance de blocage rendue en vertu du paragraphe 462.33(3).

 — 2010, ch. 14, art. 9

2001, ch. 32, par. 26(1)

9. L’alinéa 462.48(1.1)b) de la même loi est remplacé par ce qui suit :

b) soit une infraction prévue aux articles 354, 355.2, 355.4 ou 462.31 qui aurait été commise à l’égard de biens, objets ou produits qui ont été obtenus ou proviennent directement ou indirectement de la perpétration au Canada d’une infraction désignée (drogues et autres substances) ou d’un acte ou d’une omission survenu à l’extérieur du Canada et qui, au Canada, aurait constitué une infraction désignée (drogues et autres substances);

 — 2010, ch. 14, art. 10

1992, ch. 1, par. 58(1), ann. I, art. 10

10. Le paragraphe 491.2(1) de la même loi est remplacé par ce qui suit :

Preuve photographique

491.2 (1) Tout agent de la paix — ou toute personne qui agit sous la direction d’un agent de la paix — peut photographier des biens qui doivent être restitués ou qui font l’objet d’une ordonnance de restitution, de confiscation ou de disposition aux termes des articles 489.1 ou 490, ou qui doivent être restitués autrement, et qui normalement devraient être déposés à une enquête préliminaire, à un procès ou dans d’autres procédures engagés à l’égard d’une infraction prévue aux articles 334, 344, 348, 354, 355.2, 355.4, 362 ou 380; l’agent de la paix ou cette personne est autorisé à conserver les photographies.

 — 2010, ch. 14, art. 11

11. Le passage du paragraphe 593(1) de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Procès de receleurs conjoints

593. (1) N’importe quel nombre de personnes peuvent être inculpées, dans un même acte d’accusation, d’une infraction visée aux articles 354 ou 355.4 ou à l’alinéa 356(1)b), même dans l’un ou l’autre des cas suivants :

 — 2010, ch. 19, art. 1

1. L’article 83.01 du Code criminel est modifié par adjonction, après le paragraphe (1.1), de ce qui suit :

Interprétation

(1.2) Il est entendu que l’attentat suicide à la bombe est un acte visé aux alinéas a) ou b) de la définition de « activité terroriste » au paragraphe (1) s’il répond aux critères prévus à l’alinéa en cause.

 — 2011, ch. 2, art. 2

2. L’article 745.01 du Code criminel devient le paragraphe 745.01(1) et est modifié par adjonction de ce qui suit :

Exception

(2) Le paragraphe (1) ne s’applique pas si le contrevenant est déclaré coupable d’une infraction commise à la date d’entrée en vigueur du présent paragraphe ou par la suite.

 — 2011, ch. 2, art. 3

1996, ch. 34, par. 2(2)

3. (1) Le passage du paragraphe 745.6(1) de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Demande de révision judiciaire

745.6 (1) Sous réserve des paragraphes (2) à (2.6), une personne peut demander, par écrit, au juge en chef compétent de la province où a eu lieu sa déclaration de culpabilité la réduction du délai préalable à sa libération conditionnelle si :

(2) Le paragraphe 745.6(1) de la même loi est modifié par adjonction, après l’alinéa a), de ce qui suit :

a.1) elle a commis la haute trahison ou le meurtre avant la date d’entrée en vigueur du présent alinéa;

(3) L’article 745.6 de la même loi est modifié par adjonction, après le paragraphe (2), de ce qui suit :

Restriction — moins de 15 ans de la peine

(2.1) La personne déclarée coupable d’une haute trahison ou d’un meurtre qui a purgé moins de quinze ans de sa peine à la date d’entrée en vigueur du présent paragraphe peut, dans les quatre-vingt-dix jours suivant la date à laquelle elle a purgé quinze ans de sa peine, présenter une demande en vertu du paragraphe (1).

Restriction — au moins 15 ans de la peine

(2.2) Dans le cas où elle a purgé au moins quinze ans de sa peine à la date d’entrée en vigueur du présent paragraphe, elle peut présenter une demande en vertu du paragraphe (1) :

a) dans le cas où elle a fait l’objet d’une décision au titre du paragraphe 745.61(4) ou d’une décision ou d’une conclusion à laquelle le paragraphe 745.63(8) s’applique, dans les quatre-vingt-dix jours suivant l’expiration d’une période de cinq ans commençant le lendemain de la date de la décision ou de la conclusion;

b) dans le cas où elle n’a pas présenté de demande en vertu du paragraphe (1), dans les quatre-vingt-dix jours suivant la date d’entrée en vigueur du présent paragraphe.

Non-application du par. (2.2)

(2.3) Le paragraphe (2.2) est sans effet sur les décisions rendues en vertu des paragraphes 745.61(3) ou (5) ou 745.63(3), (5) ou (6), dans leur version antérieure à la date d’entrée en vigueur du présent paragraphe. La personne qui fait l’objet d’une décision fixant, au titre des paragraphes 745.61(3) ou 745.63(6), dans leur version antérieure à cette date, un délai à l’expiration duquel il lui sera loisible de présenter une nouvelle demande peut en présenter une en vertu du paragraphe (1) dans les quatre-vingt-dix jours suivant l’expiration de ce délai.

Nouveau délai de cinq ans

(2.4) Si elle n’a pas présenté de demande au titre des paragraphes (2.1), (2.2) ou (2.3), la personne peut en présenter une dans les quatre-vingt-dix jours suivant la date à laquelle elle a purgé une autre période de cinq ans commençant le lendemain de l’expiration du délai de quatre-vingt-dix jours prévu à l’un ou l’autre de ces paragraphes, selon le cas.

Nouvelle demande

(2.5) La personne qui a présenté une demande au titre des paragraphes (2.1), (2.2) ou (2.3) peut en présenter une nouvelle :

a) dans le cas où elle fait l’objet d’une décision fixant — au titre des paragraphes 745.61(3) ou 745.63(6) — un délai à l’expiration duquel il lui sera loisible de

     

présenter une nouvelle demande, dans les quatre-vingt-dix jours suivant l’expiration de ce délai;

b) dans le cas où elle fait l’objet d’une décision au titre du paragraphe 745.61(4) ou d’une décision ou d’une conclusion à laquelle le paragraphe 745.63(8) s’applique, dans les quatre-vingt-dix jours suivant l’expiration d’une période de cinq ans commençant le lendemain de la date de la décision ou de la conclusion.

Nouvelle demande

(2.6) La personne qui a présenté, en vertu du paragraphe (1) dans sa version antérieure à la date d’entrée en vigueur du présent paragraphe, une demande sur laquelle il a été statué à cette date ou par la suite et qui a présenté une autre demande ultérieurement peut en présenter une nouvelle au titre du paragraphe (2.5), si l’un ou l’autre des alinéas (2.5)a) ou b) s’applique.

(2.7) Le délai de quatre-vingt-dix jours dont dispose la personne pour présenter l’un ou l’autre des demandes visée aux paragraphes (2.1) à (2.5) peut être porté à un maximum de cent quatre-vingts jours par le juge en chef compétent ou son remplaçant si, en raison de circonstances indépendantes de sa volonté, cette personne n’est pas en mesure de présenter la demande dans le délai de quatre­ vingt-dix jours.

(2.8) Si la personne déclarée coupable d’un meurtre ne présente pas une demande en vertu du paragraphe (1) dans le délai maximal imparti au présent article, le commissaire du Service correctionnel Canada ou son remplaçant en avise aussitôt par écrit l’un des parents, l’enfant, l’époux ou le conjoint de fait de la victime — ou, s’il est impossible de les aviser, un autre membre de sa famille — et

précise la date à laquelle la personne déclarée coupable sera de nouveau admissible à présenter une telle demande.

 — 2011, ch. 2, art. 4

1996, ch. 34, par. 2(2)

4. (1) Le passage du paragraphe 745.61(1) de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Sélection

745.61 (1) Sur réception de la demande prévue au paragraphe 745.6(1), le juge — juge en chef compétent ou juge de la cour supérieure de juridiction criminelle qu’il désigne à cette fin — décide, en se fondant sur les documents ci-après, si le requérant a démontré, selon la prépondérance des probabilités, qu’il existe une probabilité marquée que la demande soit accueillie :

1996, ch. 34, par. 2(2)

(2) Le paragraphe 745.61(2) de la version anglaise de la même loi est remplacé par ce qui suit :

Criteria

(2) In determining whether the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with any modifications that the circumstances require.

1996, ch. 34, par. 2(2)

(3) Les paragraphes 745.61(3) à (5) de la même loi sont remplacés par ce qui suit :

Décision quant à la nouvelle demande

(3) S’il décide que le requérant n’a pas démontré qu’il existe une probabilité marquée que la demande soit accueillie, le juge peut soit fixer un délai d’au moins cinq ans — suivant la date de la décision — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745.6(1), soit décider que celui-ci ne pourra pas présenter une telle demande.

Aucune décision quant à la nouvelle demande

(4) Si le juge décide que le requérant n’a pas démontré qu’il existe une probabilité marquée que la demande soit accueillie, sans toutefois fixer le délai prévu au paragraphe (3) ni décider qu’aucune nouvelle demande ne pourra être présentée, il sera loisible au requérant de présenter une nouvelle demande au plus tôt cinq ans après la date de la décision.

Juge chargé de constituer un jury

(5) Si le juge décide que le requérant a démontré qu’il existe une probabilité marquée que la demande soit accueillie, le juge en chef charge un juge de la cour supérieure de juridiction criminelle de constituer un jury pour entendre la demande.

 — 2011, ch. 2, art. 5

1996, ch. 34, par. 2(2)

5. (1) Le paragraphe 745.63(6) de la même loi est remplacé par ce qui suit :

Nouvelle demande

(6) Si le délai préalable à la libération conditionnelle du requérant n’est pas réduit, le jury peut soit fixer un délai d’au moins cinq ans — suivant la date de la décision ou de la conclusion visées au paragraphe (4) — à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande en vertu du paragraphe 745.6(1), soit décider que celui-ci ne pourra pas présenter une telle demande.

1996, ch. 34, par. 2(2)

(2) Le paragraphe 745.63(8) de la même loi est remplacé par ce qui suit :

Aucune décision quant à la nouvelle demande

(8) Si le jury ne fixe pas le délai à l’expiration duquel il sera loisible au requérant de présenter une nouvelle demande ou ne décide pas qu’aucune telle demande ne pourra être présentée, il sera loisible au requérant de présenter cette demande au plus tôt cinq ans après la date de la décision ou de la conclusion visées au paragraphe (4).

 — 2011, ch. 2, art. 7

Demande en instance

7. (1) Toute demande en instance qui a été présentée en vertu de l’article 745.6 du Code criminel, dans sa version antérieure à la date d’entrée en vigueur de l’article 3, continue d’être régie par les dispositions du Code criminel, dans leur version antérieure à cette date, jusqu’à ce qu’il soit statué sur elle.

Autre demande

(2) La personne qui a présenté la demande visée au paragraphe (1) et fait l’objet d’une décision au titre du paragraphe 745.61(4) du Code criminel, dans sa version antérieure à la date d’entrée en vigueur du présent paragraphe, ou d’une décision ou d’une conclusion à laquelle le paragraphe 745.63(8) du Code criminel, dans sa version antérieure à cette date, s’applique peut présenter une demande en vertu du paragraphe 745.6(1) du Code criminel, dans sa version modifiée par le paragraphe 3(1), dans les cent quatre-vingts jours suivant l’expiration d’un délai de deux ans commençant le lendemain de la date de la décision ou de la conclusion.

Autre demande

(3) La personne qui a présenté la demande visée au paragraphe (1) et fait l’objet d’une décision fixant, au titre des paragraphes 745.61(3) ou 745.63(6) du Code criminel, dans leur version édictée respectivement par les paragraphes 4(3) et

5(1), un délai à l’expiration duquel il lui sera loisible de présenter une nouvelle demande peut en présenter une en vertu du paragraphe 745.6(1) du Code criminel, dans sa version modifiée par le paragraphe 3(1), dans les cent quatre-vingts jours suivant l’expiration de ce délai.

 — 2011, ch. 5, art. 2

2. L’article 675 du Code criminel est modifié par adjonction, après le paragraphe (2.2), de ce qui suit :

Appel de l’ordonnance prévue au paragraphe 745.51(1)

(2.3) La personne qui a fait l’objet de l’ordonnance prévue au paragraphe 745.51(1) peut interjeter appel de celle-ci.

 — 2011, ch. 5, art. 3

3. L’article 676 de la même loi est modifié par adjonction, après le paragraphe (5), de ce qui suit :

Appel relatif à l’ordonnance prévue au paragraphe 745.51(1)

(6) Le procureur général ou un avocat ayant reçu de lui des instructions à cette fin peut interjeter appel, devant la cour d’appel, de la décision du tribunal de ne pas rendre l’ordonnance prévue au paragraphe 745.51(1).

 — 2011, ch. 5, art. 4

4. La même loi est modifiée par adjonction, après l’article 745.2, de ce qui suit :

Recommandation du jury — meurtres multiples

745.21 (1) Dans le cas où un jury déclare coupable de meurtre un accusé déjà reconnu coupable d’un autre meurtre, le juge qui préside le procès doit, avant de dissoudre le jury, lui poser la question suivante :

Vous avez déclaré l’accusé coupable de meurtre et la loi exige que je prononce maintenant contre lui la peine d’emprisonnement à perpétuité. Souhaitez-vous formuler, comme vous avez la faculté de le faire, quant au fait que la période d’inadmissibilité à la libération conditionnelle soit purgée consécutivement à celle fixée pour le meurtre précédent, une recommandation dont je tiendrai compte en examinant la possibilité d’ordonner qu’elles soient purgées consécutivement?

Application

(2) Le paragraphe (1) s’applique aux meurtres commis au plus tôt le lendemain de l’entrée en vigueur du présent paragraphe pour lesquels le contrevenant est condamné à une peine d’emprisonnement en vertu de la présente loi, de la Loi sur la défense nationale ou de la Loi sur les crimes contre l’humanité et les crimes de guerre.

 — 2011, ch. 5, art. 5

5. La même loi est modifiée par adjonction, après l’article 745.5, de ce qui suit :

Délai préalable à la libération conditionnelle — meurtres multiples

745.51 (1) Au moment de prononcer la peine conformément à l’article 745, le juge qui préside le procès du délinquant qui est déclaré coupable de meurtre et qui a été déclaré coupable d’un ou plusieurs autres meurtres — ou en cas d’empêchement, tout juge du même tribunal — peut, compte tenu du caractère du délinquant, de la nature de l’infraction et des circonstances entourant sa perpétration ainsi que de toute recommandation formulée en vertu de l’article 745.21, ordonner que les périodes d’inadmissibilité à la libération conditionnelle pour chaque condamnation pour meurtre soient purgées consécutivement.

Motifs

(2) Le juge est tenu de motiver, oralement ou par écrit, sa décision de rendre ou de ne pas rendre l’ordonnance prévue au paragraphe (1).

Application

(3) Les paragraphes (1) et (2) s’appliquent aux meurtres commis au plus tôt le lendemain de l’entrée en vigueur du présent paragraphe pour lesquels le contrevenant est condamné à une peine d’emprisonnement en vertu de la présente loi, de la Loi sur la défense nationale ou de la Loi sur les crimes contre l’humanité et les crimes de guerre.

 — 2011, ch. 6, art. 2

2. L’article 380 du Code criminel est modifié par adjonction, après le paragraphe (1), de ce qui suit :

Peine minimale

(1.1) Le tribunal qui détermine la peine à infliger à une personne qui, après avoir été poursuivie par acte d’accusation, est déclarée coupable d’une ou de plusieurs infractions prévues au paragraphe (1) est tenu de lui infliger une peine minimale d’emprisonnement de deux ans si la valeur totale de l’objet des infractions en cause dépasse un million de dollars.

 — 2011, ch. 6, art. 3

2004, ch. 3, art. 3

3. (1) Le passage du paragraphe 380.1(1) de la version anglaise de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Sentencing — aggravating circumstances

380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating circumstances :

2004, ch. 3, art. 3

(2) L’alinéa 380.1(1)a) de la même loi est remplacé par ce qui suit :

a) l’ampleur, la complexité, la durée ou le niveau de planification de la fraude commise est important;

(3) Le paragraphe 380.1(1) de la même loi est modifié par adjonction, après l’alinéa c), de ce qui suit :

c.1) l’infraction a entraîné des conséquences importantes pour les victimes étant donné la situation personnelle de celles-ci, notamment leur âge, leur état de santé et leur situation financière;

(4) Le paragraphe 380.1(1) de la même loi est modifié par adjonction, après l’alinéa d), de ce qui suit :

e) il n’a pas satisfait à une exigence d’un permis ou d’une licence, ou à une norme de conduite professionnelle, qui est habituellement applicable à l’activité ou à la conduite qui est à l’origine de la fraude;

f) il a dissimulé ou détruit des dossiers relatifs à la fraude ou au décaissement du produit de la fraude.

2004, ch. 3, art. 3

(5) Le paragraphe 380.1(2) de la même loi est remplacé par ce qui suit :

Circonstance aggravante : valeur de la fraude

(1.1) Sans que soit limitée la portée générale de l’article 718.2, lorsque le tribunal détermine la peine à infliger à l’égard d’une infraction prévue aux articles 382,

382.1 ou 400, le fait que la fraude commise ait une valeur supérieure à un million de dollars constitue également une circonstance aggravante.

Circonstances atténuantes

(2) Lorsque le tribunal détermine la peine à infliger à l’égard d’une infraction prévue aux articles 380, 382, 382.1 ou 400, il ne prend pas en considération à titre de circonstances atténuantes l’emploi qu’occupe le délinquant, ses compétences professionnelles ni son statut ou sa réputation dans la collectivité, si ces facteurs ont contribué à la perpétration de l’infraction, ont été utilisés pour la commettre ou y étaient liés.

Inscription obligatoire

(3) Le tribunal fait inscrire au dossier de l’instance les circonstances aggravantes ou atténuantes qui ont été prises en compte pour déterminer la peine.

 — 2011, ch. 6, art. 4

4. La même loi est modifiée par adjonction, après l’article 380.1, de ce qui suit :

Ordonnance d’interdiction

380.2 (1) Dans le cas où un délinquant est déclaré coupable, ou absous en vertu de l’article 730 aux conditions prévues dans une ordonnance de probation, d’une infraction mentionnée au paragraphe 380(1), le tribunal qui lui inflige une peine ou prononce son absolution peut par ordonnance, en plus de toute autre peine ou de toute autre condition de l’ordonnance d’absolution applicables en l’espèce, sous réserve des conditions ou exemptions qu’il indique, lui interdire de chercher, d’accepter ou de garder un emploi ou un travail bénévole dans le cadre duquel il exerce ou exercerait un pouvoir sur les biens immeubles, l’argent ou les valeurs d’autrui.

Durée de l’interdiction

(2) L’interdiction peut être ordonnée pour la période que le tribunal juge appropriée, y compris pour la période d’emprisonnement à laquelle le délinquant est condamné.

Modification de l’ordonnance

(3) Le tribunal qui rend l’ordonnance ou, s’il est pour quelque raison dans l’impossibilité d’agir, tout autre tribunal ayant une compétence équivalente dans la même province peut, à tout moment, sur demande du poursuivant ou du délinquant, requérir ce dernier de comparaître devant lui et, après audition des

parties, modifier les conditions prescrites dans l’ordonnance si, à son avis, cela est souhaitable en raison d’un changement de circonstances.

Infraction

(4) Quiconque ne se conforme pas à l’ordonnance est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

Dédommagement

380.3 (1) Dans le cas où un délinquant est déclaré coupable, ou absous en vertu de l’article 730, d’une infraction mentionnée au paragraphe 380(1), le tribunal qui lui inflige une peine ou prononce son absolution est tenu d’envisager la possibilité de rendre une ordonnance de dédommagement en vertu des articles 738 ou 739, en plus de toute autre mesure.

Obligation de s’enquérir

(2) Dans les meilleurs délais possible suivant la déclaration de culpabilité et, en tout état de cause, avant la détermination de la peine, le tribunal est tenu de s’enquérir auprès du poursuivant de la prise de mesures raisonnables pour offrir aux victimes l’occasion d’indiquer si elles réclament un dédommagement pour leurs pertes, dont la valeur doit pouvoir être déterminée facilement.

Ajournement

(3) Le tribunal peut, de sa propre initiative ou à la demande du poursuivant, ajourner la procédure pour permettre aux victimes d’indiquer si elles réclament un dédommagement ou d’établir leurs pertes, s’il est convaincu que cet ajournement ne nuira pas à la bonne administration de la justice.

Formulaire

(4) Toute victime peut indiquer si elle réclame un dédommagement en remplissant la formule 34.1 de la partie XXVIII ou le formulaire approuvé à cette fin par le lieutenant-gouverneur en conseil de la province dans laquelle le tribunal est compétent, ou de toute autre manière approuvée par le tribunal. Le cas échéant, elle établit, de la même manière, ses pertes, dont la valeur doit pouvoir être déterminée facilement.

Motivation obligatoire

(5) Dans le cas où la victime réclame un dédommagement, le tribunal motive toute décision de ne pas rendre d’ordonnance de dédommagement et fait inscrire les motifs au dossier de l’instance.

Déclaration au nom d’une collectivité

380.4 (1) Il est entendu que, pour déterminer la peine à infliger relativement à une infraction mentionnée au paragraphe 380(1) ou pour décider si le délinquant devrait en être absous en vertu de l’article 730, le tribunal peut prendre en considération la déclaration faite par une personne au nom d’une collectivité sur les dommages ou les pertes causés à celle-ci par la perpétration de l’infraction.

Procédure

(2) La déclaration doit :

a) être faite par écrit et déposée auprès du tribunal;

b) identifier la collectivité au nom de laquelle elle est faite;

c) expliquer comment elle reflète les vues de la collectivité.

Copie de la déclaration

(3) Dans les meilleurs délais possible suivant la déclaration de culpabilité, le greffier fait parvenir une copie de la déclaration au poursuivant et au délinquant ou à son avocat.

 — 2011, ch. 6, art. 5

5. La partie XXVIII de la même loi est modifiée par adjonction, après la formule 34, de ce qui suit :

FORMULE 34.1

(article 380.3)

DÉCLARATION RELATIVE AU DÉDOMMAGEMENT POUR FRAUDE

Canada,

Province de ................,

(circonscription territoriale).

Au tribunal qui détermine la peine de (nom du délinquant), déclaré(e) coupable d’une infraction mentionnée au paragraphe 380(1) du Code criminel, ou absous(absoute) de celle-ci en vertu de l’article 730 de la même loi.

Je soussigné(e), (nom du déclarant), déclare que (cocher la mention qui s’applique) :

[ ]

(i) Je ne réclame aucun dédommagement pour les pertes que j’ai subies par suite de la perpétration de l’infraction.

[ ]

(ii) Je réclame un dédommagement pour la somme de ..............................$, pour les pertes que j’ai subies par suite de la perpétration de l’infraction.

Je déclare avoir subi les pertes ci-après, par suite de la perpétration de l’infraction :

(remplir le tableau ci-dessous si un dédommagement est réclamé)

Description Valeur de la perte (décrire chaque chose ayant fait (indiquer, pour chaque chose ayant fait l’objet de la fraude) l’objet de la fraude, la valeur de la perte) 1. ........................... ........................ 2. ........................... ........................ 3. ........................... ........................ 4. ........................... ........................

Je comprends que la valeur de mes pertes doit pouvoir être déterminée facilement par le tribunal. À cette fin, il m’incombe de fournir au tribunal tous les documents nécessaires au soutien de ma requête en dédommagement, notamment les factures, reçus et estimations.

Fait le ........ jour de ............ 20....., à ......................

.......................................

Signature du déclarant

 — 2011, ch. 7, art. 2

2. Le Code criminel est modifié par adjonction, après l’article 729, de ce qui suit :

Preuve du certificat de l’analyste : substances corporelles

729.1 (1) Dans toute poursuite pour manquement à une condition d’une ordonnance de probation intimant au délinquant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes, ou à toute audience tenue pour statuer sur le manquement à une telle condition d’une ordonnance de sursis, le certificat, paraissant signé par l’analyste, déclarant qu’il a analysé un échantillon d’une substance corporelle et donnant ses résultats est admissible en preuve et, sauf preuve contraire, fait foi de son contenu sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Définition de « analyste »

(2) Au présent article, « analyste » s’entend au sens du paragraphe 254(1).

Préavis

(3) Le certificat n’est recevable en preuve que si la partie qui entend le produire donne à la partie adverse, avant le procès ou l’audience, selon le cas, un préavis raisonnable de son intention de produire le certificat et une copie de celui-ci.

Présence de l’analyste

(4) La partie contre laquelle est produit le certificat peut, avec l’autorisation du tribunal, exiger la comparution de l’analyste pour le contre-interroger.

 — 2011, ch. 7, art. 3

1995, ch. 22, art. 6

3. (1) L’alinéa 732.1(3)c) de la même loi est remplacé par ce qui suit :

c) de s’abstenir de consommer des drogues — sauf sur ordonnance médicale —, de l’alcool ou d’autres substances intoxicantes;

c.1) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à la demande d’un agent de la paix, d’un agent de probation ou d’une personne désignée en vertu du paragraphe (9) pour faire la demande, aux date, heure et lieu précisés par l’agent ou la personne désignée, si celui-ci a des motifs raisonnables de croire que le délinquant a enfreint une condition de l’ordonnance lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

c.2) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à intervalles réguliers précisés, par un agent de probation, dans un avis rédigé selon la formule 51 qui est signifié au délinquant, si

l’ordonnance est assortie d’une condition lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

(2) L’article 732.1 de la même loi est modifié par adjonction, après le paragraphe (6), de ce qui suit :

Avis : échantillons à intervalles réguliers

(7) L’avis visé à l’alinéa (3)c.2) précise les dates, heures et lieux où le délinquant doit fournir les échantillons de substances corporelles au titre de la condition prévue à cet alinéa. Le premier échantillon ne peut être prélevé moins de vingt­ quatre heures après la signification de l’avis et les échantillons subséquents sont prélevés à intervalles réguliers d’au moins sept jours.

Désignations et précisions

(8) Pour l’application des alinéas (3)c.1) et c.2) et sous réserve des règlements, à l’égard d’une province ou d’un territoire donné, le procureur général de la province ou le ministre de la justice du territoire :

a) désigne les personnes ou les catégories de personnes qui peuvent prélever des échantillons de substances corporelles;

b) désigne les lieux ou les catégories de lieux de prélèvement des échantillons;

c) précise les modalités de prélèvement des échantillons;

d) précise les modalités d’analyse des échantillons;

e) précise les modalités d’entreposage, de manipulation et de destruction des échantillons;

f) précise les modalités de protection et de destruction de tout document faisant état des résultats de l’analyse des échantillons;

g) désigne les personnes ou les catégories de personnes qui peuvent détruire des échantillons;

h) désigne les personnes ou les catégories de personnes qui peuvent détruire des documents faisant état des résultats de l’analyse des échantillons.

Autres désignations

(9) Pour l’application de l’alinéa (3)c.1) et sous réserve des règlements, à l’égard d’une province ou d’un territoire donné, le procureur général de la province ou le

ministre de la justice du territoire peut désigner les personnes ou les catégories de personnes qui peuvent faire la demande d’échantillons de substances corporelles.

Restriction

(10) Les échantillons de substances corporelles visés aux alinéas (3)c.1) et c.2) ne peuvent être prélevés, analysés, entreposés, manipulés ou détruits qu’en conformité avec les désignations et les précisions faites au titre du paragraphe (8). De même, les documents faisant état des résultats de l’analyse des échantillons ne peuvent être protégés ou détruits qu’en conformité avec les désignations et les précisions faites au titre de ce paragraphe.

Destruction des échantillons

(11) Le procureur général d’une province ou le ministre de la justice d’un territoire, ou la personne autorisée par l’un ou l’autre, fait détruire, dans les délais prévus par règlement, les échantillons de substances corporelles fournis en application d’une ordonnance de probation, sauf s’il est raisonnable de s’attendre à ce qu’ils soient utilisés en preuve lors de poursuites intentées à l’égard de l’infraction prévue à l’article 733.1.

Règlements

(12) Le gouverneur en conseil peut, par règlement :

a) désigner des substances corporelles pour l’application des alinéas (3)c.1) et c.2);

b) régir les désignations et les précisions visées aux paragraphes (8) ou (9);

c) prévoir les délais de destruction des échantillons de substances corporelles pour l’application du paragraphe (11);

d) régir toute question relative aux échantillons de substances corporelles.

 — 2011, ch. 7, art. 4

4. La même loi est modifiée par adjonction, après l’article 732.1, de ce qui suit :

Interdiction à l’égard de l’utilisation des substances corporelles

732.11 (1) Il est interdit d’utiliser les substances corporelles fournies en application d’une ordonnance de probation, si ce n’est pour vérifier le respect d’une condition de l’ordonnance intimant au délinquant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

Interdiction à l’égard de l’utilisation ou de la communication des résultats

(2) Sous réserve du paragraphe (3), il est interdit d’utiliser ou de communiquer ou laisser communiquer les résultats de l’analyse de substances corporelles fournies en application d’une ordonnance de probation.

Exception

(3) Les résultats de l’analyse de substances corporelles fournies en application d’une ordonnance de probation peuvent être communiqués au délinquant en cause. Ils peuvent aussi être utilisés ou communiqués dans le cadre d’une enquête relative à l’infraction prévue à l’article 733.1 ou lors de poursuites intentées à l’égard d’une telle infraction, ou, s’ils sont dépersonnalisés, aux fins de recherche ou d’établissement de statistiques.

Infraction

(4) Quiconque contrevient aux paragraphes (1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

 — 2011, ch. 7, art. 5

1995, ch. 22, art. 6

5. (1) L’alinéa 742.3(2)a) de la même loi est remplacé par ce qui suit :

a) de s’abstenir de consommer des drogues — sauf sur ordonnance médicale —, de l’alcool ou d’autres substances intoxicantes;

a.1) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à la demande d’un agent de la paix, de l’agent de surveillance ou d’une personne désignée en vertu du paragraphe (7) pour faire la demande, aux date, heure et lieu précisés par l’agent ou la personne désignée, si celui-ci a des motifs raisonnables de soupçonner que le délinquant a enfreint une condition de l’ordonnance lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

a.2) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à intervalles réguliers précisés, par l’agent de surveillance, dans un avis rédigé selon la formule 51 qui est signifié au délinquant, si l’ordonnance est assortie d’une condition lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

(2) L’article 742.3 de la même loi est modifié par adjonction, après le paragraphe (4), de ce qui suit :

Avis : échantillons à intervalles réguliers

(5) L’avis visé à l’alinéa (2)a.2) précise les dates, heures et lieux où le délinquant doit fournir les échantillons de substances corporelles au titre de la condition prévue à cet alinéa. Le premier échantillon ne peut être prélevé moins de vingt­ quatre heures après la signification de l’avis et les échantillons subséquents sont prélevés à intervalles réguliers d’au moins sept jours.

Désignations et précisions

(6) Pour l’application des alinéas (2)a.1) et a.2) et sous réserve des règlements, à l’égard d’une province ou d’un territoire donné, le procureur général de la province ou le ministre de la justice du territoire :

a) désigne les personnes ou les catégories de personnes qui peuvent prélever des échantillons de substances corporelles;

b) désigne les lieux ou les catégories de lieux de prélèvement des échantillons;

c) précise les modalités de prélèvement des échantillons;

d) précise les modalités d’analyse des échantillons;

e) précise les modalités d’entreposage, de manipulation et de destruction des échantillons;

f) précise les modalités de protection et de destruction de tout document faisant état des résultats de l’analyse des échantillons;

g) désigne les personnes ou les catégories de personnes qui peuvent détruire des échantillons;

h) désigne les personnes ou les catégories de personnes qui peuvent détruire des documents faisant état des résultats de l’analyse des échantillons.

Autres désignations

(7) Pour l’application de l’alinéa (2)a.1) et sous réserve des règlements, à l’égard d’une province ou d’un territoire donné, le procureur général de la province ou le ministre de la justice du territoire peut désigner les personnes ou les catégories de personnes qui peuvent faire la demande d’échantillons de substances corporelles.

Restriction

(8) Les échantillons de substances corporelles visés aux alinéas (2)a.1) et a.2) ne peuvent être prélevés, analysés, entreposés, manipulés ou détruits qu’en

conformité avec les désignations et les précisions faites au titre du paragraphe (6). De même, les documents faisant état des résultats de l’analyse des échantillons ne peuvent être protégés ou détruits qu’en conformité avec les désignations et les précisions faites au titre de ce paragraphe.

Destruction des échantillons

(9) Le procureur général d’une province ou le ministre de la justice d’un territoire, ou la personne autorisée par l’un ou l’autre, fait détruire, dans les délais prévus par règlement, les échantillons de substances corporelles fournis en application d’une ordonnance de sursis, sauf s’il est raisonnable de s’attendre à ce qu’ils soient utilisés en preuve dans le cadre d’une procédure visée à l’article 742.6.

Règlements

(10) Le gouverneur en conseil peut, par règlement :

a) désigner des substances corporelles pour l’application des alinéas (2)a.1) et a.2);

b) régir les désignations et les précisions visées aux paragraphes (6) ou (7);

c) prévoir les délais de destruction des échantillons de substances corporelles pour l’application du paragraphe (9);

d) régir toute question relative aux échantillons de substances corporelles.

 — 2011, ch. 7, art. 6

6. La même loi est modifiée par adjonction, après l’article 742.3, de ce qui suit :

Interdiction à l’égard de l’utilisation des substances corporelles

742.31 (1) Il est interdit d’utiliser les substances corporelles fournies en application d’une ordonnance de sursis, si ce n’est pour vérifier le respect d’une condition de l’ordonnance intimant au délinquant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

Interdiction à l’égard de l’utilisation ou de la communication des résultats

(2) Sous réserve du paragraphe (3), il est interdit d’utiliser ou de communiquer ou laisser communiquer les résultats de l’analyse de substances corporelles fournies en application d’une ordonnance de sursis.

Exception

(3) Les résultats de l’analyse de substances corporelles fournies en application d’une ordonnance de sursis peuvent être communiqués au délinquant en cause. Ils peuvent aussi être utilisés ou communiqués dans le cadre d’une procédure visée à l’article 742.6, ou, s’ils sont dépersonnalisés, aux fins de recherche ou d’établissement de statistiques.

Infraction

(4) Quiconque contrevient aux paragraphes (1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

 — 2011, ch. 7, art. 7

1994, ch. 44, par. 81(2)

7. (1) Le paragraphe 810(3) de la même loi est remplacé par ce qui suit :

Décision

(3) La cour des poursuites sommaires ou le juge de paix devant lequel les parties comparaissent peut, s’il est convaincu par la preuve apportée que les craintes de la personne pour qui la dénonciation est déposée sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement, avec ou sans caution, de ne pas troubler l’ordre public et d’avoir une bonne conduite pour une période maximale de douze mois.

Refus de contracter l’engagement

(3.01) La cour des poursuites sommaires ou le juge de paix peut infliger au défendeur qui omet ou refuse de contracter l’engagement une peine de prison maximale de douze mois.

Conditions de l’engagement

(3.02) La cour des poursuites sommaires ou le juge de paix peut assortir l’engagement des conditions raisonnables qu’il estime souhaitables pour garantir la bonne conduite du défendeur, notamment celles lui intimant :

a) de s’abstenir de consommer des drogues — sauf sur ordonnance médicale —, de l’alcool ou d’autres substances intoxicantes;

b) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à la demande d’un agent de la paix, d’un agent de probation ou d’une personne désignée en vertu de l’alinéa 810.3(2)a) pour faire la demande, aux date, heure et lieu précisés par l’agent ou la personne désignée, si celui-ci a des motifs raisonnables de croire que le défendeur a enfreint une

condition de l’engagement lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

c) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à intervalles réguliers précisés, dans un avis rédigé selon la formule 51 qui est signifié au défendeur, par un agent de probation ou par une personne désignée en vertu de l’alinéa 810.3(2)b) pour préciser ceux-ci, si l’engagement est assorti d’une condition lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

(2) Le paragraphe 810(4) de la même loi est remplacé par ce qui suit :

Formules

(4) L’engagement et le mandat d’incarcération à défaut d’engagement peuvent être rédigés selon les formules 32 et 23, respectivement.

 — 2011, ch. 7, art. 8

2009, ch. 22, par. 19(1)

8. (1) Le paragraphe 810.01(3) de la version française de la même loi est remplacé par ce qui suit :

Décision

(3) Le juge devant lequel les parties comparaissent peut, s’il est convaincu par la preuve apportée que les craintes du dénonciateur sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement de ne pas troubler l’ordre public et d’avoir une bonne conduite pour une période maximale de douze mois.

2009, ch. 22, par. 19(2)

(2) Le passage du paragraphe 810.01(4.1) de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Conditions de l’engagement

(4.1) Le juge peut assortir l’engagement des conditions raisonnables qu’il estime souhaitables pour prévenir la perpétration d’une infraction visée au paragraphe (1), notamment celles intimant au défendeur :

(3) Le paragraphe 810.01(4.1) de la même loi est modifié par adjonction, après l’alinéa e), de ce qui suit :

f) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à la demande d’un agent de la paix, d’un agent de probation ou d’une personne désignée en vertu de l’alinéa 810.3(2)a) pour faire la demande, aux date, heure et lieu précisés par l’agent ou la personne désignée, si celui-ci a des motifs raisonnables de croire que le défendeur a enfreint une condition de l’engagement lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

g) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à intervalles réguliers précisés, dans un avis rédigé selon la formule 51 qui est signifié au défendeur, par un agent de probation ou par une personne désignée en vertu de l’alinéa 810.3(2)b) pour préciser ceux-ci, si l’engagement est assorti d’une condition lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

 — 2011, ch. 7, art. 9

9. Le paragraphe 810.1(3.02) de la même loi est modifié par adjonction, après l’alinéa g), de ce qui suit :

h) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à la demande d’un agent de la paix, d’un agent de probation ou d’une personne désignée en vertu de l’alinéa 810.3(2)a) pour faire la demande, aux date, heure et lieu précisés par l’agent ou la personne désignée, si celui-ci a des motifs raisonnables de croire que le défendeur a enfreint une condition de l’engagement lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

i) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à intervalles réguliers précisés, dans un avis rédigé selon la formule 51 qui est signifié au défendeur, par un agent de probation ou par une personne désignée en vertu de l’alinéa 810.3(2)b) pour préciser ceux-ci, si l’engagement est assorti d’une condition lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

 — 2011, ch. 7, art. 10

10. Le paragraphe 810.2(4.1) de la même loi est modifié par adjonction, après l’alinéa e), de ce qui suit :

f) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à la demande d’un agent de la paix, d’un agent de probation ou d’une personne désignée en vertu de l’alinéa 810.3(2)a) pour faire la demande, aux date, heure et lieu précisés par l’agent ou la personne désignée, si celui-ci a des motifs raisonnables de croire que le défendeur a enfreint une

condition de l’engagement lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes;

g) de fournir à des fins d’analyse un échantillon d’une substance corporelle désignée par règlement, à intervalles réguliers précisés, dans un avis rédigé selon la formule 51 qui est signifié au défendeur, par un agent de probation ou par une personne désignée en vertu de l’alinéa 810.3(2)b) pour préciser ceux-ci, si l’engagement est assorti d’une condition lui intimant de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

 — 2011, ch. 7, art. 11

11. La même loi est modifiée par adjonction, après l’article 810.2, de ce qui suit :

Échantillons : désignations et précisions

810.3 (1) Pour l’application des articles 810, 810.01, 810.1 et 810.2 et sous réserve des règlements, à l’égard d’une province ou d’un territoire donné, le procureur général de la province ou le ministre de la justice du territoire :

a) désigne les personnes ou les catégories de personnes qui peuvent prélever des échantillons de substances corporelles;

b) désigne les lieux ou les catégories de lieux de prélèvement des échantillons;

c) précise les modalités de prélèvement des échantillons;

d) précise les modalités d’analyse des échantillons;

e) précise les modalités d’entreposage, de manipulation et de destruction des échantillons;

f) précise les modalités de protection et de destruction de tout document faisant état des résultats de l’analyse des échantillons;

g) désigne les personnes ou les catégories de personnes qui peuvent détruire des échantillons;

h) désigne les personnes ou les catégories de personnes qui peuvent détruire des documents faisant état des résultats de l’analyse des échantillons.

Autres désignations

(2) Sous réserve des règlements, à l’égard d’une province ou d’un territoire donné, le procureur général de la province ou le ministre de la justice du territoire peut désigner les personnes ou les catégories de personnes qui peuvent :

a) faire la demande d’échantillons de substances corporelles pour l’application des alinéas 810(3.02)b), 810.01(4.1)f), 810.1(3.02)h) ou 810.2(4.1)f);

b) préciser les intervalles réguliers auxquels le défendeur doit fournir les échantillons de substances corporelles pour l’application des alinéas 810(3.02)c), 810.01(4.1)g), 810.1(3.02)i) ou 810.2(4.1)g).

Restriction

(3) Les échantillons de substances corporelles visés aux articles 810, 810.01, 810.1 et 810.2 ne peuvent être prélevés, analysés, entreposés, manipulés ou détruits qu’en conformité avec les désignations et les précisions faites au titre du paragraphe (1). De même, les documents faisant état des résultats de l’analyse des échantillons ne peuvent être protégés ou détruits qu’en conformité avec les désignations et les précisions faites au titre de ce paragraphe.

Destruction des échantillons

(4) Le procureur général d’une province ou le ministre de la justice d’un territoire, ou la personne autorisée par l’un ou l’autre, fait détruire, dans les délais prévus par règlement, les échantillons de substances corporelles fournis en application d’un engagement prévu aux articles 810, 810.01, 810.1 ou 810.2, sauf s’il est raisonnable de s’attendre à ce qu’ils soient utilisés en preuve lors de poursuites intentées à l’égard de l’infraction prévue à l’article 811.

Règlements

(5) Le gouverneur en conseil peut, par règlement :

a) désigner des substances corporelles pour l’application des articles 810, 810.01, 810.1 et 810.2;

b) régir les désignations et les précisions visées aux paragraphes (1) ou (2);

c) prévoir les délais de destruction des échantillons de substances corporelles pour l’application du paragraphe (4);

d) régir toute question relative aux échantillons de substances corporelles.

Avis : échantillons à intervalles réguliers

(6) L’avis visé aux alinéas 810(3.02)c), 810.01(4.1)g), 810.1(3.02)i) ou 810.2(4.1)g) précise les dates, heures et lieux où le défendeur doit fournir les échantillons de substances corporelles au titre de la condition prévue à l’alinéa en cause. Le premier échantillon ne peut être prélevé moins de vingt-quatre heures

après la signification de l’avis et les échantillons subséquents sont prélevés à intervalles réguliers d’au moins sept jours.

Interdiction à l’égard de l’utilisation des substances corporelles

810.4 (1) Il est interdit d’utiliser les substances corporelles fournies en application d’un engagement prévu aux articles 810, 810.01, 810.1 ou 810.2, si ce n’est pour vérifier le respect d’une condition de l’engagement intimant au défendeur de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes.

Interdiction à l’égard de l’utilisation ou de la communication des résultats

(2) Sous réserve du paragraphe (3), il est interdit d’utiliser ou de communiquer ou laisser communiquer les résultats de l’analyse de substances corporelles fournies en application d’un engagement prévu aux articles 810, 810.01, 810.1 ou 810.2.

Exception

(3) Les résultats de l’analyse de substances corporelles fournies en application d’un engagement prévu aux articles 810, 810.01, 810.1 ou 810.2 peuvent être communiqués au défendeur en cause. Ils peuvent aussi être utilisés ou communiqués dans le cadre d’une enquête relative à l’infraction prévue à l’article 811 ou lors de poursuites intentées à l’égard d’une telle infraction, ou, s’ils sont dépersonnalisés, aux fins de recherche ou d’établissement de statistiques.

Infraction

(4) Quiconque contrevient aux paragraphes (1) ou (2) est coupable d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

 — 2011, ch. 7, art. 12

12. La même loi est modifiée par adjonction, après l’article 811, de ce qui suit :

Preuve du certificat de l’analyste : substances corporelles

811.1 (1) Dans toute poursuite pour manquement à une condition d’un engagement prévu aux articles 810, 810.01, 810.1 ou 810.2 intimant au défendeur de s’abstenir de consommer des drogues, de l’alcool ou d’autres substances intoxicantes, le certificat, paraissant signé par l’analyste, déclarant qu’il a analysé un échantillon d’une substance corporelle et donnant ses résultats est admissible en preuve et, sauf preuve contraire, fait foi de son contenu sans qu’il soit nécessaire de prouver l’authenticité de la signature ou la qualité officielle du signataire.

Définition de « analyste »

(2) Au présent article, « analyste » s’entend au sens du paragraphe 254(1).

Préavis

(3) Le certificat n’est recevable en preuve que si la partie qui entend le produire donne à la partie adverse, avant le procès, un préavis raisonnable de son intention de produire le certificat et une copie de celui-ci.

Présence de l’analyste

(4) La partie contre laquelle est produit le certificat peut, avec l’autorisation du tribunal, exiger la comparution de l’analyste pour le contre-interroger.

 — 2011, ch. 7, art. 13

13. La partie XXVIII de la même loi est modifiée par adjonction, après la formule 50, de ce qui suit :

FORMULE 51

(alinéas 732.1(3)c.2), 742.3(2)a.2), 810(3.02)c), 810.01(4.1)g), 810.1(3.02)i) et 810.2(4.1)g))

AVIS DE L’OBLIGATION DE FOURNIR DES ÉCHANTILLONS DE SUBSTANCE CORPORELLE

À A.B., de ................, (profession ou occupation), (adresse au Canada), (date de naissance), (sexe) :

Étant donné que le (indiquer la date), on vous a ordonné de fournir à intervalles réguliers à des fins d’analyse des échantillons d’une substance corporelle désignée par règlement, au titre de (citer la disposition) du Code criminel,

Avis vous est donné de vos obligations relativement à la fourniture des échantillons.

1. Le (indiquer une date qui suit d’au moins vingt-quatre heures celle de la signification de cet avis), entre (heure) et (heure), vous devez vous présenter au (indiquer l’adresse d’un lieu de prélèvement désigné par le procureur général de la province ou le ministre de la justice du territoire) pour fournir un échantillon de votre (préciser le type de substance corporelle désignée par règlement).

2. Tous les (préciser un nombre d’au moins sept) jours après la première fois où vous vous présentez pour un prélèvement, vous devrez vous présenter entre

(heure) et (heure) au (indiquer l’adresse d’un lieu de prélèvement désigné par le procureur général de la province ou le ministre de la justice du territoire) pour fournir un échantillon de votre (préciser le type de substance corporelle désignée par règlement).

3. Vous avez le droit de demander au tribunal de prononcer l’extinction de votre obligation de fournir des échantillons et, le cas échéant, d’appeler de la décision qui sera rendue.

4. Le fait de ne pas vous conformer à votre obligation de fournir des échantillons comme l’exige le présent avis vous rend passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines (ou, dans le cas d’une ordonnance de sursis, vous expose à des procédures au titre de l’article 742.6 du Code criminel qui vous rendent passible d’une peine d’emprisonnement).

5. Les résultats des analyses des substances corporelles pourront être utilisés ou communiqués conformément au Code criminel et notamment pourront être utilisés dans le cadre de poursuites qui vous rendent passible d’une peine d’emprisonnement et d’une amende, ou de l’une de ces peines (ou, dans le cas d’une ordonnance de sursis, dans le cadre de procédures visées à l’article 742.6 du Code criminel qui vous rendent passible d’une peine d’emprisonnement).

Signifié le (indiquer la date), à (indiquer le lieu de la signification).

..................................................

(Signature de l’agent de probation, de l’agent de surveillance ou de la personne désignée par le procureur général ou le ministre de la justice, selon le cas)


Legislación Es reemplazado por (3 texto(s)) Es reemplazado por (3 texto(s))
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N° WIPO Lex CA123