Criminal Code
R.S.C., 1985, c. C-46 An Act respecting the Criminal Law
Short title
1. This Act may be cited as the Criminal Code. R.S., c. C-34, s. 1.
Definitions
2. In this Act,
“Act”
« loi »
“Act” includes
to carry out activities in support of the fulfilment of the mandate of a United Nations operation;
“Attorney General”
« procureur général »
“Attorney General”
(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,
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,
(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,
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
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.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,
“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
« 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
“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
“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
(iii) a judge and a justice,
(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,
« 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,
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
(iii) holds itself out to the public as an association of persons;
“peace officer”
« agent de la paix »
“peace officer” includes
(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,
“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
“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
“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
« 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
« 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
“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
“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
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.),
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.
General
Effect of judicial acts
Value of valuable security
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
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
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
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
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
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
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
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
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
“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
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
Offences involving nuclear material
(3.2) Notwithstanding anything in this Act or any other Act, where
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
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,
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
Definition of “nuclear material”
(3.6) For the purposes of this section, “nuclear material” means
0.72 per cent,
(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
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
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
(iii) operated for or on behalf of the Government of 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
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
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
(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
apply to proceedings commenced in any territorial division pursuant to subsection (5).
Where previously tried outside Canada
whichever is the latest.
Certificate as evidence
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
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
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
R.S., 1985, c. C-46, s. 10; R.S., 1985, c. 27 (1st Supp.), s. 203.
Civil remedy not suspended
R.S., c. C-34, s. 11.
Child under twelve
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
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 offence
21. (1) Every one is a party to an offence who
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
22.1 In respect of an offence that requires the prosecution to prove negligence, an organization is a party to the offence if
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
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 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
process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.
When not protected
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,
“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
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
The senior official shall without delay notify the competent authority of the designation.
Conditions
(iii) prevent the imminent loss or destruction of evidence of an indictable offence. Person acting at direction of public officer
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,
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
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
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
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.
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,
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
R.S., c. C-34, s. 33.
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
1995, c. 32, s. 1.
Self-defence against unprovoked assault
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
Extent of justification
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
R.S., c. C-34, s. 35.
Provocation
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 personal property
38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified
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
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
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.
Correction of child by force
R.S., c. C-34, s. 45.
High treason
46. (1) Every one commits high treason who, in Canada,
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
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
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,
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
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
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Definition of “prohibited act”
R.S., c. C-34, s. 52.
Inciting to mutiny
53. Every one who
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
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.
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
57. (1) Every one who, while in or out of Canada,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
False statement in relation to passport
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,
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
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,
(iii) the administration of justice in Canada;
R.S., c. C-34, s. 61.
Punishment of seditious offences
61. Every one who
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
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Definition of “member of a force”
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
R.S., c. C-34, s. 64.
Riot
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
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.
Orders by Governor in Council
70. (1) The Governor in Council may, by proclamation, make orders
(iii) of practising military exercises; or
R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F).
Duelling
71. Every one who
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
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
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
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,
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.
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
Endangering safety of aircraft or airport
77. Every one who
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
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
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
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.
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
R.S., c. C-34, s. 78.
Using explosives
81. (1) Every one commits an offence who
(iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;
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.
Engaging in prize fight
83. (1) Every one who
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.
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
(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,
(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,
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
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.
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
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
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
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.
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
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
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
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,
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
83.08 (1) No person in Canada and no Canadian outside Canada shall knowingly
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
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
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:
(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;
83.12 (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable
2001, c. 41, s. 4.
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
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
2001, c. 41, s. 4.
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
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
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
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.
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
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
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
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
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 — 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,
2004, c. 15, s. 32.
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
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.
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
(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
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
2001, c. 41, s. 4.
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
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
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
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
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
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.
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
“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
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
(iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,
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
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”
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
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,
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.
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
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
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
91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of
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
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
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
(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
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
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
R.S., 1985, c. C-46, s. 96; 1995, c. 39, s. 139.
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.
Weapons trafficking
99. (1) Every person commits an offence who
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
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
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
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
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.
Importing or exporting knowing it is unauthorized
103. (1) Every person commits an offence who imports or exports
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
(2.1) 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
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
R.S., 1985, c. C-46, s. 104; 1991, c. 40, s. 16; 1995, c. 39, s. 139.
Losing or finding
105. (1) Every person commits an offence who
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
does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.
Punishment
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
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,
R.S., 1985, c. C-46, s. 108; 1991, c. 40, s. 20; 1995, c. 39, s. 139.
Mandatory prohibition order
109. (1) Where a person is convicted, or discharged under section 730, of
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
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
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
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
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
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
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
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
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,
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.
1995, c. 39, s. 139.
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
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 without warrant where offence committed
117.02 (1) Where a peace officer believes on reasonable grounds
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
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
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
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
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
1995, c. 39, s. 139.
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
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
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,
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
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.
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
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
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
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
“office”
« charge » ou « emploi » “office” includes
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
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
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
(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 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
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
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
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
(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
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
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
130. (1) Everyone commits an offence who
Previous Version
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
R.S., 1985, c. C-46, s. 131; R.S., 1985, c. 27 (1st Supp.), s. 17; 1999, c. 18, s. 92.
Punishment
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.
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
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,
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
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
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
Prison breach
144. Every one who
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
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
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
(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)
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
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
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
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
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
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
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.
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
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
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,
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
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,
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
Punishment
(1.1) Every person who commits an offence under subsection (1)
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
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
1998, c. 9, s. 2.
Punishment
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
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
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
Offences
(1.1) The offences for the purpose of subsection (1) are
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
Defence
Corrupting morals
163. (1) Every one commits an offence who
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
Accessing child pornography
(4.1) Every person who accesses any child pornography is guilty of
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
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
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,
(c.1) [Repealed, 1992, c. 51, s. 34]
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
pornography or the voyeuristic recording available, it may order the custodian of the computer system to delete the material.
Destruction of copy
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
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
2002, c. 13, s. 7. Tied sale
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
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
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
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
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.
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
2002, c. 13, s. 8; 2007, c. 20, s. 1; 2008, c. 6, s. 14.
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Indecent acts
173. (1) Every one who wilfully does an indecent act
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.
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Nudity
174. (1) Every one who, without lawful excuse,
R.S., c. C-34, s. 170.
Causing disturbance, indecent exhibition, loitering, etc.
175. (1) Every one who
(iii) by impeding or molesting other persons,
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
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,
179. (1) Every one commits vagrancy who
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
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
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 178.
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
(iii) section 52 (sabotage),
(iii.1) section 56.1 (identity documents),
(vii) section 77 (endangering safety of aircraft or airport),
(viii) section 78 (offensive weapons, etc., on aircraft),
(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),
(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,
(iii) subsection 52.1(3) (deceptive telemarketing),
(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,
(iii) section 218 (unlawful possession, sale, etc., of alcohol),
(iii) section 15 (diversion, etc.),
(iii) section 119 (disembarking persons at sea),
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.
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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
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
(iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service;
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
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
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
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
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
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
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
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.
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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
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
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
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.
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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
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
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
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.
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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
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
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.
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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
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
(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;
R.S., 1985, c. C-46, s. 191; R.S., 1985, c. 27 (1st Supp.), s. 26; 2005, c. 10, s. 34.
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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
(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);
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.
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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
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
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
and interceptions made thereunder in the immediately preceding year.
Information respecting authorizations
(iii) an offence in respect of which an authorization may not be given;
(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;
R.S., 1985, c. C-46, s. 195; R.S., 1985, c. 27 (1st Supp.), s. 27; 2005, c. 10, s. 34.
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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
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
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.
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PART VII
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
(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
“place”
« local » ou « endroit »
“place” includes any place, whether or not
R.S., 1985, c. C-46, s. 197; R.S., 1985, c. 27 (1st Supp.), s. 29.
Presumptions
198. (1) In proceedings under this Part,
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.
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
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]
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
R.S., c. C-34, s. 185.
Betting, pool-selling, book-making, etc.
202. (1) Every one commits an offence who
Previous Version Placing bets on behalf of others
203. Every one who
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
(iii) the winner of any bets between not more than ten individuals;
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
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,
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
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
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
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
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:
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
1999, c. 5, s. 7.
R.S., c. C-34, s. 192.
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.
is guilty of an offence punishable on summary conviction.
Notice of conviction to be served on owner
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
212. (1) Every one who
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
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
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
213. (1) Every person who in a public place or in any place open to public view
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.
Definitions
214. In this Part,
“abandon” or “expose”
« abandonner » ou « exposer »
“abandon” or “expose” includes
« 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
“guardian” « tuteur »
“guardian” includes a person who has in law or in fact the custody or control of a child;
“operate” « conduire » “operate”
(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.
Duty of persons to provide necessaries
215. (1) Every one is under a legal duty
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,
R.S., 1985, c. C-46, s. 218; 2005, c. 32, s. 12.
Previous Version
Criminal negligence
219. (1) Every one is criminally negligent who
220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
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
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
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
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
229. Culpable homicide is murder
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
231. (1) Murder is first degree murder or second degree murder.
Planned and deliberate murder
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
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
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
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
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.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
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.
Counselling or aiding suicide
241. Every one who
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 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.
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
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
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
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
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,
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,
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.
Dangerous operation of motor vehicles, vessels and aircraft 249. (1) Every one commits an offence who operates
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
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
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
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
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
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,
(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
“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,
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
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,
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
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,
(iii) for each subsequent offence, to imprisonment for not less than 120 days;
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
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
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
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),
(iii) each sample was received from the accused directly into an approved container or into an approved instrument operated by a qualified technician, and
(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,
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
(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
(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;
(iii) if the samples were taken by the technician,
(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
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
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,
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
(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
(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;
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
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
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
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
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
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
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
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
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
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.
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
265. (1) A person commits an assault when
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
267. Every one who, in committing an assault,
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
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
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
(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
R.S., 1985, c. 10 (3rd Supp.), s. 2.
Assaulting a peace officer
270. (1) Every one commits an offence who
270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,
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”
2002, c. 13, s. 11. Sexual assault
271. (1) Every one who commits a sexual assault is guilty of
272. (1) Every person commits an offence who, in committing a sexual assault,
(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
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
(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
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
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
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
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
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
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
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:
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
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
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
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
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
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
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
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
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:
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
279. (1) Every person commits an offence who kidnaps a person with intent
(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
(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:
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
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
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
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
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.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:
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
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
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.
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
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
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]
Bigamy
290. (1) Every one commits bigamy who
(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or
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
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.
Pretending to solemnize marriage
294. Every one who
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.
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
R.S., c. C-34, s. 260.
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
Publishing
299. A person publishes a libel when he
R.S., c. C-34, s. 263.
Punishment of libel known to be false
publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.
Idem
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
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
305. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter
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
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
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
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
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
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
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
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 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.
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”
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
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
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
(a.1) in the Province of Ontario, the Superior Court of Justice,
(c.1) [Repealed, 1992, c. 51, s. 36]
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
Other provisions to apply 2001, c. 41, s. 10.
Definitions
321. In this Part, “break” « effraction » “break” means
« 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
“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
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
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
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,
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
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
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
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.
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
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,
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
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
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
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
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,
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,
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,
1997, c. 18, s. 19.
Robbery
343. Every one commits robbery who
344. (1) Every person who commits robbery is guilty of an indictable offence and liable
(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
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
Extortion
(1.1) Every person who commits extortion is guilty of an indictable offence and liable
(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:
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
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
“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
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
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
2007, c. 9, s. 2.
Breaking and entering with intent, committing offence or breaking out
348. (1) Every one who
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,
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,
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,
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
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
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.
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
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
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
(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;
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
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
R.S., c. C-34, s. 319.
False pretence or false statement
362. (1) Every one commits an offence who
(iii) the making of a loan,
where the value of what is obtained does not exceed five thousand dollars.
Idem
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
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
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
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 323.
Forgery
366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent
R.S., 1985, c. C-46, s. 366; 2009, c. 28, s. 7. Previous Version Punishment for forgery
367. Every one who commits forgery
368. (1) Everyone commits an offence who, knowing or believing that a document is forged,
(1.1) Everyone who commits an offence under subsection (1)
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,
Previous Version
Counterfeit proclamation, etc.
370. Every one who knowingly
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
R.S., c. C-34, s. 330.
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
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Counterfeiting mark
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Definitions
« 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
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
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
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
(iii) by the vendor elsewhere than in the premises where the goods are purchased, or
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
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,
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:
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,
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
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,
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
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
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,
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
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
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
(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.
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
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Idem
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
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
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
R.S., 1985, c. C-46, s. 395; 1999, c. 5, s. 11.
Offences in relation to mines
396. (1) Every one who
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Presumption
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.
Books and documents
397. (1) Every one who, with intent to defraud,
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
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
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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Saving
R.S., c. C-34, s. 360.
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
403. (1) Everyone commits an offence who fraudulently personates another person, living or dead,
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.
Forging trade-mark
406. For the purposes of this Part, every one forges a trade-mark who
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,
(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,
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
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
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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Unlawful transactions in public stores
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
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,
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
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.
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
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,
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
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
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,
2004, c. 3, s. 6.
Secret Commissions
Secret commissions
426. (1) Every one commits an offence who
(iii) that is intended to mislead the principal. Privity to offence
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.
Definition of “property”
Colour of right
R.S., c. C-34, s. 386.
Mischief
430. (1) Every one commits mischief who wilfully
Mischief in relation to data
(1.1) Every one commits mischief who wilfully
(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,
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,
(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,
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
“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
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
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 — 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
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.
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
438. (1) Every one who wilfully prevents or impedes, or who wilfully endeavours to prevent or impede,
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
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Saving provision
R.S., c. C-34, s. 399.
Injuring or endangering cattle
444. (1) Every one commits an offence who wilfully
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,
R.S., 1985, c. C-46, s. 445; 2008, c. 12, s. 1.
Previous Version
Causing unnecessary suffering
445.1 (1) Every one commits an offence who
2008, c. 12, s. 1.
Causing damage or injury
446. (1) Every one commits an offence who
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
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),
2008, c. 12, s. 1.
PART XII
Interpretation
Definitions
448. In this Part,
“counterfeit money”
« monnaie contrefaite »
“counterfeit money” includes
“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
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, etc., of counterfeit money
450. Every one who, without lawful justification or excuse, the proof of which lies on him,
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
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, etc., counterfeit money
452. Every one who, without lawful justification or excuse, the proof of which lies on him,
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
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,
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.
Clipping and uttering clipped coin
455. Every one who
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
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
Making, having or dealing in instruments for counterfeiting
458. Every one who, without lawful justification or excuse, the proof of which lies on him,
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,
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 dealing in counterfeit money, etc.
460. (1) Every one who
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.
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
R.S., 1985, c. C-46, s. 461; 1992, c. 1, s. 58; 2005, c. 10, s. 34.
Previous Version
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
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.
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
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
R.S., 1985, c. 50 (4th Supp.), s. 1.
Definitions
462.3 (1) In this Part,
“designated drug offence” [Repealed, 1996, c. 19, s. 68]
“designated offence”
« infraction désignée »
“designated offence” means
« 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
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
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
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
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
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
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
— 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
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
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
(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
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
and that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding.
Saving provision
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
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.
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
Offences
(2.02) The offences are the following:
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
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),
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
(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,
(vii) of not less than five years and not exceeding ten years, where the amount of the fine exceeds one million dollars; and
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
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
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
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,
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
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
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
(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
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
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
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
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
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 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
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, 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:
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,
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:
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
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
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
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
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
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
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.
Superior court of criminal jurisdiction
(iii) section 51 (intimidating Parliament or a legislature),
(vii) section 75 (piratical acts), or
(viii) section 235 (murder); Accessories
(c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
Attempts
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
R.S., 1985, c. C-46, s. 470; R.S., 1985, c. 27 (1st Supp.), s. 101. Trial by jury compulsory
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,
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
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 jurisdictions
476. For the purposes of this Act,
(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
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
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,
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
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
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
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
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
apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.
1996, c. 31, s. 72.
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
(iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,
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
2002, c. 13, s. 18.
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
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
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
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
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
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
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
(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
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
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
(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
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
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
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
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
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),
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
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
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
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”
“primary designated offence”
« infraction primaire »
“primary designated offence” means
(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),
(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),
(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),
(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]
(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.),
(vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi),
(iii) section 153 (sexual intercourse with step-daughter),
(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:
(iii) section 246.3 (aggravated sexual assault),
(c.1) an offence under any of the following provisions of the Security of Information Act, namely,
(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,
(iii) section 7 (production of substance),
(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),
(vii) section 266 (assault),
(viii) section 270 (assaulting a peace officer),
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,
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
(iii) on anything worn or carried by the victim at the time when the offence was committed, or
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
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
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
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,
(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;
(iii) section 153 (sexual exploitation),
(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);
(iii) section 148 (sexual intercourse with feeble-minded, etc.),
(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
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
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
487.091
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
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:
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
(d.1) [Repealed, 2000, c. 10, s. 20]
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
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
(2.1) [Repealed, 2005, c. 25, s. 9] Offence
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
(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
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
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
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
1997, c. 18, s. 45; 1998, c. 37, s. 23.
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
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
Issuance of warrant where telecommunication produces writing (6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing,
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
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
(iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or
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
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
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
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
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,
to be dealt with by the justice in accordance with subsection 490(1).
Restitution of property or report by peace officer
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,
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
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
Application for order of return for an order under paragraph (9)(c) that the thing seized be returned to the applicant.
Exception
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
for an order that the thing detained be returned to the applicant.
Order
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
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
(iii) section 152 (invitation to sexual touching),
(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),
(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
(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),
(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),
(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);
(iii) section 149 (indecent assault on female),
(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:
(iii) section 246.3 (aggravated sexual assault);
(iii) section 153 (sexual intercourse with step-daughter),
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
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
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
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
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
(2.1) 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
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
them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
Jurisdiction
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
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
(iii) the police service whose member charged that person with the offence in connection with which the order is made, and
2004, c. 10, s. 20; 2007, c. 5, s. 18; 2010, c. 17, s. 11.
Previous Version
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
2010, c. 17, s. 19.
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
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
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
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
490.032 The Governor in Council may make regulations
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
(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
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
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
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
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
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)
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
1993, c. 40, s. 18; 1999, c. 5, s. 19.
PART XVI
Definitions
493. In this Part, “accused” « prévenu » “accused” includes
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 by any person
494. (1) Any one may arrest without warrant
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
(iii) prevent the continuation or repetition of the offence or the commission of another offence,
may be satisfied without so arresting the person, and
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
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,
(1.1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,
(iii) prevent the continuation or repetition of the offence or the commission of another offence, or
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,
Exception
(1.1) The officer in charge or the peace officer shall not release a person under subsection
(iii) prevent the continuation or repetition of the offence or the commission of another offence, or
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),
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
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
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.
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:
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:
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
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
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
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
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).
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
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
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
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
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
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
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
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
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
R.S., c. 2(2nd Supp.), s. 5.
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.
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
(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),
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
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
Offences
(4.3) The offences for the purposes of subsection (4.2) are
(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,
(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);
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
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
(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
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
518. (1) In any proceedings under section 515,
(iii) to prove that the accused has previously committed an offence under section 145, or
(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
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),
and if the justice so endorses the warrant, he shall attach to it a copy of the order.
Discharge from custody
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
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
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
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,
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
(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.
Issue of warrant for arrest of accused
524. (1) Where a justice is satisfied that there are reasonable grounds to believe that an accused
he may issue a warrant for the arrest of the accused.
Arrest of accused without warrant
may arrest the accused without warrant.
Hearing
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
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
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33.
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
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
he may issue a warrant for the arrest of the accused.
Arrest without warrant by peace officer
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
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.
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
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.
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.
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
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
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
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.
Language of accused
530. (1) On application by an accused whose language is one of the official languages of Canada, made not later than
(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
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,
2008, c. 18, s. 19. If order granted
530.1 If an order is granted under section 530,
(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;
(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
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
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
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
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),
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.
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
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
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
(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
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
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
540. (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall
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
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
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
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,
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
R.S., c. C-34, s. 471; R.S., c. 2(2nd Supp.), s. 7.
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,
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
R.S., 1985, c. C-46, s. 544; 1994, c. 44, s. 55.
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,
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
R.S., c. C-34, s. 472.
Irregularity or variance not to affect validity
546. The validity of any proceeding at or subsequent to a preliminary inquiry is not affected by
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
R.S., 1985, c. 27 (1st Supp.), s. 100.
Order to stand trial or discharge
548. (1) When all the evidence has been taken by the justice, he shall
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
R.S., 1985, c. C-46, s. 550; R.S., 1985, c. 27 (1st Supp.), s. 101.
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.
Definitions
552. In this Part, “judge” « juge » “judge” means,
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.
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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
(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,
(iii) section 203 (placing bets),
(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),
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.
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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.
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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
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
1999, c. 3, s. 39; 2002, c. 13, s. 33.
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Organization
556. (1) An accused organization shall appear by counsel or agent.
Non-appearance
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.
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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
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.
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
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.
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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
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
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
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.
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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
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,
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),
1999, c. 3, s. 45; 2002, c. 13, s. 40. Previous Version
(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
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.
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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
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
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.
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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.
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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.
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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
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.
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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.
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
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
(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,
(iii) discharged the accused when there was some evidence adduced on which a properly instructed jury acting reasonably could convict;
(iii) the provision creating the offence alleged to have been committed by the accused is unconstitutional; 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
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
1999, c. 3, s. 50.
PART XX
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
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
R.S., 1985, c. C-46, s. 574; R.S., 1985, c. 27 (1st Supp.), s. 113; 2002, c. 13, s. 45.
Previous Version
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
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.
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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
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:
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.
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
R.S., 1985, c. C-46, s. 581; R.S., 1985, c. 27 (1st Supp.), s. 118. High treason and first degree murder
R.S., c. C-34, s. 512.
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
R.S., c. C-34, s. 513.
Sufficiency of count charging perjury, etc.
585. No count that charges
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.
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
R.S., 1985, c. C-46, s. 587; R.S., 1985, c. 27 (1st Supp.), s. 7.
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.
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
590. (1) A count is not objectionable by reason only that
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
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
R.S., c. C-34, s. 522.
594. to 596. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]
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
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
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
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
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.
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
(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
Variance not material (4.1) A variance between the indictment or a count therein and the evidence taken is not material with respect to
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]
Right of accused
603. An accused is entitled, after he has been ordered to stand trial or at his trial,
(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).
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 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
(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
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
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
the judge shall give judgment discharging the accused in respect of that count.
Allowance of special plea in part
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
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
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
R.S., c. C-34, s. 540.
Plea of not guilty
Appearance by attorney
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
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
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.
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.
In writing
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.
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
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
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
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
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
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
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
the accused can best give testimony or who speak both official languages of Canada, as the case may be.
No other ground
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
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
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
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
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
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
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
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
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
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
(iii) an application for a writ of habeas corpus;
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
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
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.
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
(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
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
(iii) a statement of the qualifications of the proposed witness as an expert;
1997, c. 18, s. 80; 2002, c. 13, s. 62.
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
R.S., 1985, c. C-46, s. 658; 1994, c. 44, s. 64.
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.
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
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,
she may be convicted unless the evidence establishes that the act or omission was not wilful.
R.S., c. C-34, s. 590.
No reference to previous conviction
R.S., c. C-34, s. 593.
Proof of previous conviction
667. (1) In any proceedings,
(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;
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
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
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
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
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.
Judgment not to be stayed on certain grounds
670. Judgment shall not be stayed or reversed after verdict on an indictment
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.
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
“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
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
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
(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
672.14 (1) An assessment order shall not be in force for more than thirty days.
Exception in fitness cases
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
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
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
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 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
1991, c. 43, s. 4; 2005, c. 22, s. 11.
Previous Version
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
1991, c. 43, s. 4; 2005, c. 22, s. 12. Previous Version
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
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
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,
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
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
1991, c. 43, s. 4; 2005, c. 22, ss. 13, 42(F).
Previous Version
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
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
1991, c. 43, s. 4.
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
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
1991, c. 43, s. 4.
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
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
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
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
(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
(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
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
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
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
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
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 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:
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
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
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
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]
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
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
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.
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
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
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
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
672.79 [Repealed, 2005, c. 22, s. 26] Previous Version
672.8 [Repealed, 2005, c. 22, s. 26] Previous Version
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
Definition of “serious personal injury offence”
(1.3) For the purposes of subsection (1.2), “serious personal injury offence” means
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
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
1991, c. 43, s. 4; 2005, c. 22, ss. 32, 42(F). Previous Version
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
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
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
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
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
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.
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
(iii) prevent the commission of an offence, or
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
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
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.),
Procedure abolished
(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
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
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
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
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
R.S., 1985, c. C-46, s. 677; 1994, c. 44, s. 67.
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,
(iii) with both sureties and deposit, or
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
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
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,
R.S., 1985, c. C-46, s. 680; R.S., 1985, c. 27 (1st Supp.), s. 142; 1994, c. 44, s. 68.
Transcript of evidence
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,
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
(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
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
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
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
(iii) on any ground there was a miscarriage of justice;
(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
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:
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,
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
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,
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
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,
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
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]
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
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
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
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
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
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
R.S., 1985, c. C-46, s. 695; 1999, c. 5, s. 27; 2008, c. 18, s. 31.
Previous Version
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
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
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
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
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
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.
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
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
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
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.
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
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
R.S., 1985, c. 27 (1st Supp.), s. 149; 2003, c. 21, s. 13. Previous Version
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
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
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
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
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
R.S., 1985, c. C-46, s. 708; R.S., 1985, c. 27 (1st Supp.), s. 203.
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.
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
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
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
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
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
R.S., c. C-34, s. 642.
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
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
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
1999, c. 18, s. 95. Oath or affirmation
714.5 The evidence given under section 714.2 or 714.4 shall be given
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 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
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
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
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
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
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).
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:
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
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
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
1995, c. 22, s. 6.
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:
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:
(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,
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
Additional factors
718.21 A court that imposes a sentence on an organization shall also take into consideration the following factors:
2003, c. 21, s. 14.
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
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
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
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
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
(2.1) 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
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
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
R.S., 1985, c. C-46, s. 724; 1995, c. 22, s. 6. Other offences
725. (1) In determining the sentence, a court
(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:
(iii) each charge has been described in open court,
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
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
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
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”
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
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
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
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,
(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
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
(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:
(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
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
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
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
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
Where accused may be tried and punished 1995, c. 22, s. 6.
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
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
734.2 (1) A court that makes an order under section 734.1 shall
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
(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
1995, c. 22, s. 6.
Licences, permits, etc.
734.5 If an offender is in default of payment of a fine,
1995, c. 22, s. 6; 1999, c. 5, s. 34.
Civil enforcement of fines, forfeiture
734.6 (1) Where
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
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
1995, c. 22, s. 6; 1999, c. 5, s. 35. Definition of “penalty”
734.8 (1) In this section, “penalty” means the aggregate of
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,
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
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
if the offender is admissible to such a program.
Credits and other matters
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
surcharge, the court may, on application of the offender, make an order exempting the offender from the application of subsection (1).
Reasons
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 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:
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
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
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.
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:
offender and for preventing a repetition by the offender of the same offence or the commission of other offences.
Obligations of court
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
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
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
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,
(iii) the compelling of the offender’s appearance in accordance with paragraph (d);
(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
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
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
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
1995, c. 22, s. 6; 1999, c. 5, s. 42; 2004, c. 12, s. 16(E).
Previous Version
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
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
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
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
1995, c. 22, ss. 6, 19, 20; 2002, c. 1, s. 184; 2008, c. 18, s. 43.
Previous Version
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.
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.
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
(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;
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
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
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:
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
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:
(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”
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
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
1995, c. 22, s. 6, c. 42, s. 87; 1997, c. 17, s. 2.
747. [Repealed, 1995, c. 22, s. 6]
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
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.
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
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
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
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.
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
(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),
(vii) section 170 (parent or guardian procuring sexual activity),
(viii) section 171 (householder permitting sexual activity by or in presence of child),
(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),
(iii) section 166 (parent or guardian procuring defilement), and
(iii) section 153 (sexual exploitation),
(vii) section 267 (assault with weapon or causing bodily harm),
(viii) section 268 (aggravated assault),
(xii) subsection 279(1) (kidnapping),
(iii) section 149 (indecent assault on female),
(iii) section 246.3 (aggravated sexual assault),
R.S., 1985, c. C-46, s. 752; 2008, c. 6, ss. 40, 61; 2010, c. 3, s. 8.
Previous Version
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
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
(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
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
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
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
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
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
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
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
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
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
(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
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
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
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
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
R.S., 1985, c. 27 (1st Supp.), s. 167.
Rights of surety preserved
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
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,
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
R.S., 1985, c. C-46, s. 773; 1995, c. 22, s. 10.
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
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
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
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
(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
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
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
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
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
R.S., 1985, c. C-46, s. 784; 1997, c. 18, s. 109.
SUMMARY CONVICTIONS
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
« 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
“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.
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
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
789. (1) In proceedings to which this Part applies, an information
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
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 of Parts XVI, XVIII, XX and XX.1
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
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,
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
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
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
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.
Warrant of committal
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
R.S., c. C-34, s. 744.
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Definition of “appeal court”
812. (1) For the purposes of sections 813 to 828, “appeal court” means
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,
(iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and
(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
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.
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
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
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
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.
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
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
Trial de novo
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
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
unless it is shown
(iii) that the objection was taken at the trial, and
R.S., 1985, c. C-46, s. 822; 1991, c. 43, s. 9; 2002, c. 13, s. 83.
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
R.S., c. C-34, s. 760.
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
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
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
R.S., 1985, c. C-46, s. 838; R.S., 1985, c. 27 (1st Supp.), s. 182.
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
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
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.
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
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.
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
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
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
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.)
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
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
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
.......
(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
(iii) on anything worn or carried by the victim at the time when the offence was committed, or
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
(iii) on anything worn or carried by the victim at the time when the offence was committed, or
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”,
[ (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
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,
(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,
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,
(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,
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
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
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
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
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)
Property Seized Disposition (describe each
(state, in respect of each thing seized, whether thing seized)
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
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:
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
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:*
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:*
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:*
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).
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
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,
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
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
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):
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)
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)
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,
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)
(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:
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)
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:
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.
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.
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
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.
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:
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:
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*
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*
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*
* 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.
(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.
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.
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,
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
672.81 of that Act; and
— 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:
— 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:
— 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
— 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
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:
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
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:
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
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:
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
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:
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:
— 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
— 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”
(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
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
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
Punishment
355.5 Everyone who commits an offence under section 355.2 or 355.4
— 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
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
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)
— 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:
— 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
— 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
— 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
(c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;
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
— 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
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
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
— 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 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)
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”
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;
(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
— 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;
(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
— 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
— 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
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
— 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):
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):
— 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,
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
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
— 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”
— 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.
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)