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An Act respecting the Criminal Law
SHORT TITLE
1 Short title
1. This Act may be cited as the Criminal Code.
R.S., c. C-34, s. 1.
INTERPRETATION
2 Definitions
2. In this Act,
2 "Act"
"Act" includes
(a) an Act of Parliament,
(b) an Act of the legislature of the former Province of Canada,
(c) an Act of the legislature of a province, and
(d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada;
2 "Attorney General"
"Attorney General"
(a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his lawful deputy, and
(b) with respect to
(i) the Northwest Territories and the Yukon Territory, or
(ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene or counselling
the contravention of any Act of Parliament other than this Act or any regulation made under any such Act, means the Attorney General of Canada and includes his lawful deputy;
2 "bank-note"
"bank-note" includes any negotiable instrument
(a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and
(b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada, intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills;
2 "bodily harm"
"bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;
2 "Canadian Forces"
"Canadian Forces" means the armed forces of Her Majesty raised by Canada;
2 "cattle"
"cattle" means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat;
2 "clerk of the court"
"clerk of the court" includes a person, by whatever name or title he may be designated, who from time to time performs the duties of a clerk of the court;
2 "complainant"
"complainant" means the victim of an alleged offence;
2 "counsel"
"counsel" means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings;
2 "count"
"count" means a charge in an information or indictment;
2 "court of appeal"
"court of appeal" means
(a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court, and
(b) in all other provinces, the Court of Appeal;
2 "court of criminal jurisdiction"
"court of criminal jurisdiction" means
(a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,
(a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,
(b) a magistrate or judge acting under Part XIX, and
(c) in the Province of Ontario, the Ontario Court of Justice;
2 "day"
"day" means the period between six o'clock in the forenoon and nine o'clock in the afternoon of the same day;
2 "document of title to goods"
"document of title to goods" includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the
ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or
receive any goods thereby represented or therein mentioned or referred to;
2 "document of title to lands"
"document of title to lands" includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar's copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property;
2 "dwelling-house"
"dwelling-house" means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes
(a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence;
"every one", "person", "owner"
"every one", "person", "owner", and similar expressions include Her Majesty and public bodies, bodies corporate, societies, companies and inhabitants of counties, parishes, municipalities or other districts
in relation to the acts and things that they are capable of doing and owning respectively;
2 "explosive substance"
"explosive substance" includes
(a) anything intended to be used to make an explosive substance,
(b) anything, or any part thereof, used or intended to be used, or adapted to cause, or to aid in causing an explosion in or with an explosive substance, and
(c) an incendiary grenade, fire bomb, molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device;
"feeble-minded person" [Repealed, 1991, c. 43, s. 9]
2 "Her Majesty's Forces"
"Her Majesty's Forces" means the naval, army and air forces of Her Majesty wherever raised, and includes the Canadian Forces;
2 "highway"
"highway" means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes;
2 "indictment"
"indictment" includes
(a) information or a count therein,
(b) a plea, replication or other pleading, and
(c) any record;
2 "internationally protected person"
"internationally protected person" means
(a) a head of state, including any member of a collegial body that performs the functions of a head of state under the constitution of the state concerned, a head of a government or a minister of foreign affairs, whenever that person is in a state other than the state in which he holds that position or office,
(b) a member of the family of a person described in paragraph (a) who accompanies that person in a state other than the state in which that person holds that position or office,
(c) a representative or an official of a state or an official or agent of an international organization of an intergovernmental character who, at the time when and at the place where an offence referred to in
subsection 7(3) is committed against his person or any property referred to in section 431 that is used by him, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity, or
(d) a member of the family of a representative, official or agent described in paragraph (c) who forms part of his household, if the representative, official or agent, at the time when and at the place where any offence referred to in subsection 7(3) is committed against the member of his family or any property referred to in section 431 that is used by that member, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity;
2 "justice"
"justice" means a justice of the peace or a magistrate, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction;
"magistrate" [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 2]
2 "mental disorder"
"mental disorder" means a disease of the mind;
2 "military"
"military" shall be construed as relating to all or any of the Canadian Forces;
2 "military law"
"military law" includes all laws, regulations or orders relating to the Canadian Forces;
2 "motor vehicle"
"motor vehicle" means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;
2 "municipality"
"municipality" includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose;
2 "newly-born child"
"newly-born child" means a person under the age of one year;
2 "night"
"night" means the period between nine o'clock in the afternoon and six o'clock in the forenoon of the following day;
2 "offender"
"offender" means a person who has been determined by a court to be
guilty of an offence, whether on acceptance of a plea of guilty or on
a finding of guilt;
2 "offensive weapon"
"offensive weapon" has the same meaning as "weapon";
2 "peace officer"
"peace officer" includes
(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the peace,
(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the
Corrections and Conditional Release Act,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
(d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act or the Excise Act,
(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal
Fisheries Protection Act,
(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who
are
(i) appointed for the purposes of section 156 of the National Defence
Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;
2 "prison"
"prison" includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody;
2 "property"
"property" includes
(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and
(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;
2 "prosecutor"
"prosecutor" means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which this Act applies, and includes counsel acting on behalf of either of them;
2 "provincial court judge"
"provincial court judge" means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person;
2 "public department"
"public department" means a department of the Government of Canada or a branch thereof or a board, commission, corporation or other body that is an agent of Her Majesty in right of Canada;
2 "public officer"
"public officer" includes
(a) an officer of customs or excise,
(b) an officer of the Canadian Forces,
(c) an officer of the Royal Canadian Mounted Police, and
(d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation;
2 "public stores"
"public stores" includes any personal property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department;
2 "railway equipment"
"railway equipment" means
(a) any machine that is constructed for movement exclusively on lines
of railway, whether or not the machine is capable of independent
motion, or
(b) any vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use;
2 "steal"
"steal" means to commit theft;
2 "superior court of criminal jurisdiction"
"superior court of criminal jurisdiction" means
(a) in the Province of Ontario, the Court of Appeal or the Ontario Court (General Division),
(b) in the Province of Quebec, the Superior Court,
(c) in the Province of Prince Edward Island, the Supreme Court,
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen's Bench,
(e) in the Provinces of Nova Scotia, British Columbia and Newfoundland, the Supreme Court or the Court of Appeal,
(f) in the Yukon Territory, the Supreme Court, and
(g) in the Northwest Territories, the Supreme Court;
2 "territorial division"
"territorial division" includes any province, county, union of
counties, township, city, town, parish or other judicial division or
place to which the context applies;
2 "testamentary instrument"
"testamentary instrument" includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;
2 "trustee"
"trustee" means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol;
2 "unfit to stand trial"
"unfit to stand trial" means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel;
2 "valuable security"
"valuable security" includes
(a) an order, exchequer acquittance or other security that entitles or evidences the title of any person
(i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or
(ii) to a deposit in a savings bank or other bank,
(b) any debenture, deed, bond, bill, note, warrant, order or other
security for money or for payment of money,
(c) a document of title to lands or goods wherever situated,
(d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and
(e) a release, receipt, discharge or other instrument evidencing payment of money;
2 "weapon"
"weapon" means
(a) anything used, designed to be used or intended for use in causing death or injury to any person, or
(b) anything used, designed to be used or intended for use for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes any firearm as defined in subsection 84(1);
2 "wreck"
"wreck" includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada;
2 "writing"
"writing" includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed.
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27
(1st Supp.), s. 2, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213,
c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.),
s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28,
c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993,
c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40.
3 Descriptive cross-references
3. Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis
form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.
1976-77, c. 53, s. 2.
PART I
General
4(1) Postcard a chattel, value
4. (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition "property" in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.
4(2) Value of valuable security
(2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:
(a) where the valuable security is one mentioned in paragraph (a) or
(b) of the definition "valuable security" in section 2, the value is
the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;
(b) where the valuable security is one mentioned in paragraph (c) or
(d) of the definition "valuable security" in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and
(c) where the valuable security is one mentioned in paragraph (e) of
the definition "valuable security" in section 2, the value is the
amount of money that has been paid.
4(3) Possession
(3) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be
deemed to be in the custody and possession of each and all of them.
4(4) Expressions taken from other Acts
(4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.
4(5) Sexual intercourse
(5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.
4(6) Proof of notifications and service of documents
(6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved by oral evidence given under oath by, or by the affidavit of, the person claiming to have served, given or sent it.
4(7) Attendance for examination
(7) Notwithstanding subsection (6), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.
R.S., 1985, c. C-46, s. 4; R.S., 1985, c. 27 (1st Supp.), s. 3; 1994,
c. 44, s. 3.
5 Canadian Forces not affected
5. Nothing in this Act affects any law relating to the government of the Canadian Forces.
R.S., c. C-34, s. 4.
6(1) Presumption of innocence
6. (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,
(a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 736 of the offence; and
(b) a person who is convicted or discharged under section 736 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.
6(2) Offences outside Canada
(2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 736 of an offence committed outside Canada.
6(3) Definition of "enactment"
(3) In this section, "enactment" means
(a) an Act of Parliament, or
(b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,
or any regulation made thereunder.
R.S., 1985, c. C-46, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1
(4th Supp.), s. 18(F).
7(1) Offences committed on aircraft
7. (1) Notwithstanding anything in this Act or any other Act, every one who
(a) on or in respect of an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as
owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, or
(b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,
commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.
7(2) Idem
(2) Notwithstanding this Act or any other Act, every one who
(a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),
(b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),
(c) in relation to an air navigation facility used in international
air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),
(d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or
(e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence, shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.
7(2.1) Offences against fixed platforms or international maritime navigation
(2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would
constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed
(a) against or on board a fixed platform attached to the continental shelf of Canada;
(b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(c) by a Canadian citizen;
(d) by a person who is not a citizen of any state and who ordinarily resides in Canada;
(e) by a person who is, after the commission of the offence, present in Canada;
(f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or
(g) in an attempt to compel the Government of Canada to do or refrain from doing any act.
7(2.2) Offences against fixed platforms or navigation in the internal waters or territorial sea of another state
(2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada
(a) if it is committed as described in any of paragraphs (2.1)(b) to
(g); and
(b) if the offender is found in the territory of a state, other than
the state in which the act or omission was committed, that is
(i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or
(ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.
7(3) Offence against internationally protected person
(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that if committed in Canada would be an offence against section 235, 236, 266, 267, 268, 269, 271, 272, 273, 279, 279.1, 280 to 283, 424 or 431 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified
under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or
(d) the act or omission is against
(i) a person who enjoys the status of an internationally protected
person by virtue of the functions that person performs on behalf of Canada, or
(ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition "internationally protected person" in section 2.
7(3.1) Offence of hostage taking
(3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;
(e) a person taken hostage by the act or omission is a Canadian
citizen; or
(f) the person who commits the act or omission is, after the
commission thereof, present in Canada.
7(3.2) Offences involving nuclear material
(3.2) Notwithstanding anything in this Act or any other Act, where
(a) a person, outside Canada, receives, has in his possession, uses,
transfers the possession of, sends or delivers to any person,
transports, alters, disposes of, disperses or abandons nuclear
material and thereby
(i) causes or is likely to cause the death of, or serious bodily harm to, any person, or
(ii) causes or is likely to cause serious damage to, or destruction
of, property, and
(b) the act or omission described in paragraph (a) would, if committed
in Canada, be an offence against this Act,
that person shall be deemed to commit that act or omission in Canada
if paragraph (3.5)(a), (b) or (c) applies in respect of the act or
omission.
7(3.3) Idem
(3.3) Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission that if committed in
Canada would constitute
(a) a conspiracy or an attempt to commit,
(b) being an accessory after the fact in relation to, or
(c) counselling in relation to,
an act or omission that is an offence by virtue of subsection (3.2)
shall be deemed to commit the act or omission in Canada if paragraph
(3.5)(a), (b) or (c) applies in respect of the act or omission.
7(3.4) Idem
(3.4) Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission that if committed in
Canada would constitute an offence against, a conspiracy or an attempt
to commit or being an accessory after the fact in relation to an
offence against, or any counselling in relation to an offence against,
(a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to
nuclear material,
(b) section 346 in respect of a threat to commit an offence against
section 334 or 344 in relation to nuclear material,
(c) section 423 in relation to a demand for nuclear material, or
(d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear
material
shall be deemed to commit that act or omission in Canada if paragraph
(3.5)(a), (b) or (c) applies in respect of the act or omission.
7(3.5) Idem
(3.5) For the purposes of subsections (3.2) to (3.4), a person shall
be deemed to commit an act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as
owner of an aircraft in Canada under those regulations; or
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.
7(3.6) Definition of "nuclear material"
(3.6) For the purposes of this section, "nuclear material" means
(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,
(b) uranium-233,
(c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the
isotope uranium-238 is greater than 0.72 per cent,
(d) uranium with an isotopic concentration equal to that occurring in nature, and
(e) any substance containing anything described in paragraphs (a) to
(d),
but does not include uranium in the form of ore or ore-residue.
7(3.7) Jurisdiction
(3.7) Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission that, if committed in
Canada, would constitute an offence against, a conspiracy or an
attempt to commit an offence against, being an accessory after the
fact in relation to an offence against, or any counselling in relation
to an offence against, section 269.1 shall be deemed to commit that
act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as
owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen;
(d) the complainant is a Canadian citizen; or
(e) the person who commits the act or omission is, after the
commission thereof, present in Canada.
7(3.71) Jurisdiction: war crimes and crimes against humanity
(3.71) Notwithstanding anything in this Act or any other Act, every
person who, either before or after the coming into force of this
subsection, commits an act or omission outside Canada that constitutes
a war crime or a crime against humanity and that, if committed in
Canada, would constitute an offence against the laws of Canada in
force at the time of the act or omission shall be deemed to commit
that act or omission in Canada at that time if,
(a) at the time of the act or omission,
(i) that person is a Canadian citizen or is employed by Canada in a civilian or military capacity,
(ii) that person is a citizen of, or is employed in a civilian or military capacity by, a state that is engaged in an armed conflict against Canada, or
(iii) the victim of the act or omission is a Canadian citizen or a
citizen of a state that is allied with Canada in an armed conflict; or
(b) at the time of the act or omission, Canada could, in conformity with international law, exercise jurisdiction over the person with
respect to the act or omission on the basis of the person's presence
in Canada and, subsequent to the time of the act or omission, the person is present in Canada.
7(3.72) Procedure and evidence
(3.72) Any proceedings with respect to an act or omission referred to
in subsection (3.71) shall be conducted in accordance with the laws of
evidence and procedure in force at the time of the proceedings.
7(3.73) Defences
(3.73) In any proceedings with respect to an act or omission referred
to in subsection (3.71), notwithstanding that the act or omission is
an offence under the laws of Canada in force at the time of the act or
omission, the accused may, subject to subsection 607(6), rely on any
justification, excuse or defence available under the laws of Canada or
under international law at that time or at the time of the
proceedings.
7(3.74) Conflict with internal law
(3.74) Notwithstanding subsection (3.73) and section 15, a person may
be convicted of an offence in respect of an act or omission referred
to in subsection (3.71) even if the act or omission is committed in
obedience to or in conformity with the law in force at the time and in
the place of its commission.
7(3.75) Attorney General of Canada
(3.75) Notwithstanding any other provision of this Act, no proceedings
may be commenced with respect to an act or omission referred to in
subsection (3.71) without the personal consent in writing of the
Attorney General or Deputy Attorney General of Canada, and such
proceedings may only be conducted by the Attorney General of Canada or
counsel acting on his behalf.
7(3.76) Definitions
(3.76) For the purposes of this section,
7(3.76) "conventional international law"
"conventional international law" means
(a) any convention, treaty or other international agreement that is in force and to which Canada is a party, or
(b) any convention, treaty or other international agreement that is in force and the provisions of which Canada has agreed to accept and
apply in an armed conflict in which it is involved;
7(3.76) "crime against humanity"
"crime against humanity" means murder, extermination, enslavement,
deportation, persecution or any other inhumane act or omission that is
committed against any civilian population or any identifiable group of
persons, whether or not it constitutes a contravention of the law in
force at the time and in the place of its commission, and that, at
that time and in that place, constitutes a contravention of customary
international law or conventional international law or is criminal
according to the general principles of law recognized by the community
of nations;
7(3.76) "war crime"
"war crime" means an act or omission that is committed during an
international armed conflict, whether or not it constitutes a
contravention of the law in force at the time and in the place of its
commission, and that, at that time and in that place, constitutes a
contravention of the customary international law or conventional
international law applicable in international armed conflicts.
7(3.77) Meaning of "act or omission"
(3.77) In the definitions "crime against humanity" and "war crime" in
subsection (3.76), "act or omission" includes, for greater certainty,
attempting or conspiring to commit, counselling any person to commit,
aiding or abetting any person in the commission of, or being an
accessory after the fact in relation to, an act or omission.
7(4) Offences by Public Service employees
(4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits
an act or omission in that place that is an offence under the laws of
that place and that, if committed in Canada, would be an offence
punishable by indictment shall be deemed to have committed that act or
omission in Canada.
7(5) Jurisdiction
(5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect
of that offence may, whether or not that person is in Canada, be
commenced in any territorial division in Canada and the accused may be
tried and punished in respect of that offence in the same manner as if
the offence had been committed in that territorial division.
7(5.1) Appearance of accused at trial
(5.1) For greater certainty, the provisions of this Act relating to
(a) requirements that an accused appear at and be present during
proceedings, and
(b) the exceptions to those requirements,
apply to proceedings commenced in any territorial division pursuant to
subsection (5).
7(6) Where previously tried outside Canada
(6) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been
tried and dealt with outside Canada in respect of the offence in such
a manner that, if that person had been tried and dealt with in Canada,
he would be able to plead autrefois acquit, autrefois convict or
pardon, that person shall be deemed to have been so tried and dealt
with in Canada.
7(7) Consent
(7) No proceedings shall be instituted under this section without the consent of the Attorney General of Canada if the accused is not a
Canadian citizen.
7(8) Definition of "flight" and "in flight"
(8) For the purposes of this section, of the definition "peace
officer" in section 2 and of sections 76 and 77, "flight" means the
act of flying or moving through the air and an aircraft shall be
deemed to be in flight from the time when all external doors are
closed following embarkation until the later of
(a) the time at which any such door is opened for the purpose of
disembarkation, and
(b) where the aircraft makes a forced landing in circumstances in
which the owner or operator thereof or a person acting on behalf of
either of them is not in control of the aircraft, the time at which
control of the aircraft is restored to the owner or operator thereof
or a person acting on behalf of either of them.
7(9) Definition of "in service"
(9) For the purposes of this section and section 77, an aircraft shall
be deemed to be in service from the time when pre-flight preparation
of the aircraft by ground personnel or the crew thereof begins for a
specific flight until
(a) the flight is cancelled before the aircraft is in flight,
(b) twenty-four hours after the aircraft, having commenced the flight, lands, or
(c) the aircraft, having commenced the flight, ceases to be in flight,
whichever is the latest.
7(10) Certificate as evidence
(10) If in any proceedings under this Act a question arises as to
whether any person is a person who is entitled, pursuant to
international law, to special protection from any attack on his
person, freedom or dignity, a certificate purporting to have been
issued by or under the authority of the Minister of Foreign Affairs
stating any fact relevant to that question is admissible in evidence
in those proceedings without proof of the signature or authority of
the person appearing to have signed it and, in the absence of evidence
to the contrary, is proof of the fact so stated.
7(11) Idem
(11) A certificate purporting to have been issued by or under the
authority of the Minister of Foreign Affairs stating
(a) that at a certain time any state was engaged in an armed conflict
against Canada or was allied with Canada in an armed conflict,
(b) that at a certain time any convention, treaty or other
international agreement was or was not in force and that Canada was or
was not a party thereto, or
(c) that Canada agreed or did not agree to accept and apply the
provisions of any convention, treaty or other international agreement
in an armed conflict in which Canada was involved,
is admissible in evidence in any proceedings without proof of the
signature or authority of the person appearing to have issued it, and
is proof of the facts so stated.
R.S., 1985, c. C-46, s. 7; R.S., 1985, c. 27 (1st Supp.), s. 5, c. 10
(3rd Supp.), s. 1, c. 30 (3rd Supp.), s. 1, c. 1 (4th Supp.), s.
18(F); 1992, c. 1, ss. 58, 60(F); 1993, c. 7, s. 1; 1995, c. 5, s. 25.
8(1) Application to territories
8. (1) The provisions of this Act apply throughout Canada except
(a) in the Yukon Territory, in so far as they are inconsistent with
the Yukon Act; and
(b) in the Northwest Territories, in so far as they are inconsistent
with the Northwest Territories Act.
8(2) Application of criminal law of England
(2) The criminal law of England that was in force in a province
immediately before April 1, 1955 continues in force in the province
except as altered, varied, modified or affected by this Act or any
other Act of the Parliament of Canada.
8(3) Common law principles continued
(3) Every rule and principle of the common law that renders any
circumstance a justification or excuse for an act or a defence to a
charge continues in force and applies in respect of proceedings for an
offence under this Act or any other Act of Parliament except in so far
as they are altered by or are inconsistent with this Act or any other
Act of Parliament.
R.S., c. C-34, s. 7.
9 Criminal offences to be under law of Canada
9. Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 736
(a) of an offence at common law,
(b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland,
or
(c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a
province of Canada,
but nothing in this section affects the power, jurisdiction or
authority that a court, judge, justice or provincial court judge had,
immediately before April 1, 1955, to impose punishment for contempt of
court.
R.S., 1985, c. C-46, s. 9; R.S., 1985, c. 27 (1st Supp.), s. 6, c. 1
(4th Supp.), s. 18(F).
10(1) Appeal
10. (1) Where a court, judge, justice or magistrate summarily convicts a person for a contempt of court committed in the face of the court
and imposes punishment in respect thereof, that person may appeal
(a) from the conviction; or
(b) against the punishment imposed.
10(2) Idem
(2) Where a court or judge summarily convicts a person for a contempt
of court not committed in the face of the court and punishment is
imposed in respect thereof, that person may appeal
(a) from the conviction; or
(b) against the punishment imposed.
10(3) Part XXI applies
(3) An appeal under this section lies to the court of appeal of the
province in which the proceedings take place, and, for the purposes of
this section, the provisions of Part XXI apply, with such
modifications as the circumstances require.
R.S., c. C-34, s. 9; 1972, c. 13, s. 4.
11 Civil remedy not suspended
11. No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.
R.S., c. C-34, s. 10.
12 Offence punishable under more than one Act
12. Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction,
a person who does the act or makes the omission is, unless a contrary
intention appears, subject to proceedings under any of those Acts, but
is not liable to be punished more than once for the same offence.
R.S., c. C-34, s. 11.
13 Child under twelve
13. No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve
years.
R.S., c. C-34, s. 12; 1980-81-82-83, c. 110, s. 72.
14 Consent to death
14. No person is entitled to consent to have death inflicted on him, and such consent does not affect the criminal responsibility of any
person by whom death may be inflicted on the person by whom consent is
given.
R.S., c. C-34, s. 14.
15 Obedience to de facto law
15. No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced
by persons in de facto possession of the sovereign power in and over
the place where the act or omission occurs.
R.S., c. C-34, s. 15.
16(1) Defence of mental disorder
16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the
person incapable of appreciating the nature and quality of the act or
omission or of knowing that it was wrong.
16(2) Presumption
(2) Every person is presumed not to suffer from a mental disorder so
as to be exempt from criminal responsibility by virtue of subsection
(1), until the contrary is proved on the balance of probabilities.
16(3) Burden of proof
(3) The burden of proof that an accused was suffering from a mental
disorder so as to be exempt from criminal responsibility is on the
party that raises the issue.
R.S., 1985, c. C-46, s. 16; R.S., 1985, c. 27 (1st Supp.), s. 185(F);
1991, c. 43, s. 2.
17 Compulsion by threats
17. A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the
offence is committed is excused for committing the offence if the
person believes that the threats will be carried out and if the person
is not a party to a conspiracy or association whereby the person is
subject to compulsion, but this section does not apply where the
offence that is committed is high treason or treason, murder, piracy,
attempted murder, sexual assault, sexual assault with a weapon,
threats to a third party or causing bodily harm, aggravated sexual
assault, forcible abduction, hostage taking, robbery, assault with a
weapon or causing bodily harm, aggravated assault, unlawfully causing
bodily harm, arson or an offence under sections 280 to 283 (abduction
and detention of young persons).
R.S., 1985, c. C-46, s. 17; R.S., 1985, c. 27 (1st Supp.), s. 40.
18 Compulsion of spouse
18. No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed
in the presence of the spouse of that married person.
R.S., c. C-34, s. 18; 1980-81-82-83, c. 125, s. 4.
19 Ignorance of the law
19. Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
R.S., c. C-34, s. 19.
20 Certain acts on holidays valid
20. A warrant or summons that is authorized by this Act or an
appearance notice, promise to appear, undertaking or recognizance
issued, given or entered into in accordance with Part XVI, XXI or
XXVII may be issued, executed, given or entered into, as the case may
be, on a holiday.
R.S., c. C-34, s. 20; R.S., c. 2(2nd Supp.), s. 2.
Parties to Offences
21(1) Parties to offence
21. (1) Every one is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.
21(2) Common intention
(2) Where two or more persons form an intention in common to carry out
an unlawful purpose and to assist each other therein and any one of
them, in carrying out the common purpose, commits an offence, each of
them who knew or ought to have known that the commission of the
offence would be a probable consequence of carrying out the common
purpose is a party to that offence.
R.S., c. C-34, s. 21.
22(1) Person counselling offence
22. (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence,
the person who counselled is a party to that offence, notwithstanding
that the offence was committed in a way different from that which was
counselled.
22(2) Idem
(2) Every one who counsels another person to be a party to an offence
is a party to every offence that the other commits in consequence of
the counselling that the person who counselled knew or ought to have
known was likely to be committed in consequence of the counselling.
22(3) Definition of "counsel"
(3) For the purposes of this Act, "counsel" includes procure, solicit or incite.
R.S., 1985, c. C-46, s. 22; R.S., 1985, c. 27 (1st Supp.), s. 7.
23(1) Accessory after the fact
23. (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or
assists that person for the purpose of enabling that person to escape.
23(2) Husband or wife, when not accessory
(2) No married person whose spouse has been a party to an offence is
an accessory after the fact to that offence by receiving, comforting
or assisting the spouse for the purpose of enabling the spouse to
escape.
R.S., c. C-34, s. 23; 1974-75-76, c. 66, s. 7.
23.1 Where one party cannot be convicted
23.1 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids
or abets, counsels or procures or receives, comforts or assists cannot
be convicted of the offence.
R.S., 1985, c. 24 (2nd Supp.), s. 45.
24(1) Attempts
24. (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is
guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.
24(2) Question of law
(2) The question whether an act or omission by a person who has an
intent to commit an offence is or is not mere preparation to commit
the offence, and too remote to constitute an attempt to commit the
offence, is a question of law.
R.S., c. C-34, s. 24.
Protection of Persons Administering and Enforcing the Law
25(1) Protection of persons acting under authority
25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,
is, if he acts on reasonable grounds, justified in doing what he is
required or authorized to do and in using as much force as is
necessary for that purpose.
25(2) Idem
(2) Where a person is required or authorized by law to execute a
process or to carry out a sentence, that person or any person who
assists him is, if that person acts in good faith, justified in
executing the process or in carrying out the sentence notwithstanding
that the process or sentence is defective or that it was issued or
imposed without jurisdiction or in excess of jurisdiction.
25(3) When not protected
(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is
likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the
self-preservation of the person or the preservation of any one under
that person's protection from death or grievous bodily harm.
25(4) When protected
(4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to
cause death or grievous bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest, with or
without warrant, the person to be arrested;
(b) the offence for which the person is to be arrested is one for
which that person may be arrested without warrant;
(c) the person to be arrested takes flight to avoid arrest;
(d) the peace officer or other person using the force believes on
reasonable grounds that the force is necessary for the purpose of
protecting the peace officer, the person lawfully assisting the peace
officer or any other person from imminent or future death or grievous
bodily harm; and
(e) the flight cannot be prevented by reasonable means in a less
violent manner.
25(5) Power in case of escape from penitentiary
(5) A peace officer is justified in using force that is intended or is
likely to cause death or grievous bodily harm against an inmate who is
escaping from a penitentiary within the meaning of subsection 2(1) of
the Corrections and Conditional Release Act, if
(a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily
harm to the peace officer or any other person; and
(b) the escape cannot be prevented by reasonable means in a less
violent manner.
R.S., 1985, c. C-46, s. 25; 1994, c. 12, s. 1.
26 Excessive force
26. Every one who is authorized by law to use force is criminally
responsible for any excess thereof according to the nature and quality
of the act that constitutes the excess.
R.S., c. C-34, s. 26.
27 Use of force to prevent commission of offence
27. Every one is justified in using as much force as is reasonably
necessary
(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph
(a).
R.S., c. C-34, s. 27.
28(1) Arrest of wrong person
28. (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is
protected from criminal responsibility in respect thereof to the same
extent as if that person were the person named in the warrant.
28(2) Person assisting
(2) Where a person is authorized to execute a warrant to arrest,
(a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named
in the warrant, and
(b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,
is protected from criminal responsibility in respect thereof to the
same extent as if that person were the person named in the warrant.
R.S., c. C-34, s. 28.
29(1) Duty of person arresting
29. (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it
when requested to do so.
29(2) Notice
(2) It is the duty of every one who arrests a person, whether with or
without a warrant, to give notice to that person, where it is feasible
to do so, of
(a) the process or warrant under which he makes the arrest; or
(b) the reason for the arrest.
29(3) Failure to comply
(3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who
makes an arrest, or those who assist them, of protection from criminal
responsibility.
R.S., c. C-34, s. 29.
30 Preventing breach of peace
30. Every one who witnesses a breach of the peace is justified in
interfering to prevent the continuance or renewal thereof and may
detain any person who commits or is about to join in or to renew the
breach of the peace, for the purpose of giving him into the custody of
a peace officer, if he uses no more force than is reasonably necessary
to prevent the continuance or renewal of the breach of the peace or
than is reasonably proportioned to the danger to be apprehended from
the continuance or renewal of the breach of the peace.
R.S., c. C-34, s. 30.
31(1) Arrest for breach of peace
31. (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in
arresting any person whom he finds committing the breach of the peace
or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.
31(2) Giving person in charge
(2) Every peace officer is justified in receiving into custody any
person who is given into his charge as having been a party to a breach
of the peace by one who has, or who on reasonable grounds the peace
officer believes has, witnessed the breach of the peace.
R.S., c. C-34, s. 31.
Suppression of Riots
32(1) Use of force to suppress riot
32. (1) Every peace officer is justified in using or in ordering the
use of as much force as the peace officer believes, in good faith and
on reasonable grounds,
(a) is necessary to suppress a riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
32(2) Person bound by military law
(2) Every one who is bound by military law to obey the command of his
superior officer is justified in obeying any command given by his
superior officer for the suppression of a riot unless the order is
manifestly unlawful.
32(3) Obeying order of peace officer
(3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if
(a) he acts in good faith; and
(b) the order is not manifestly unlawful.
32(4) Apprehension of serious mischief
(4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to
secure the attendance of a peace officer is justified in using as much
force as he believes in good faith and on reasonable grounds,
(a) is necessary to suppress the riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
32(5) Question of law
(5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.
R.S., c. C-34, s. 32.
33(1) Duty of officers if rioters do not disperse
33. (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is
the duty of a peace officer and of a person who is lawfully required
by him to assist, to disperse or to arrest persons who do not comply
with the proclamation.
33(2) Protection of officers
(2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in
respect of any death or injury that by reason of resistance is caused
as a result of the performance by the peace officer or that person of
a duty that is imposed by subsection (1).
33(3) Section not restrictive
(3) Nothing in this section limits or affects any powers, duties or
functions that are conferred or imposed by this Act with respect to
the suppression of riots.
R.S., c. C-34, s. 33.
Self-induced Intoxication
33.1(1) When defence not available
33.1 (1) It is not a defence to an offence referred to in subsection
(3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the
offence, where the accused departed markedly from the standard of care
as described in subsection (2).
33.1(2) Criminal fault by reason of intoxication
(2) For the purposes of this section, a person departs markedly from
the standard of reasonable care generally recognized in Canadian
society and is thereby criminally at fault where the person, while in
a state of self-induced intoxication that renders the person unaware
of, or incapable of consciously controlling, their behaviour,
voluntarily or involuntarily interferes or threatens to interfere with
the bodily integrity of another person.
33.1(3) Application
(3) This section applies in respect of an offence under this Act or
any other Act of Parliament that includes as an element an assault or
any other interference or threat of interference by a person with the
bodily integrity of another person.
1995, c. 32, s. 1.
Defence of Person
34(1) Self-defence against unprovoked assault
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he
uses is not intended to cause death or grievous bodily harm and is no
more than is necessary to enable him to defend himself.
34(2) Extent of justification
(2) Every one who is unlawfully assaulted and who causes death or
grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally
made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise
preserve himself from death or grievous bodily harm.
R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F).
35 Self-defence in case of aggression
35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily
harm, or has without justification provoked an assault on himself by
another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in
order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or
grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
R.S., c. C-34, s. 35.
36 Provocation
36. Provocation includes, for the purposes of sections 34 and 35,
provocation by blows, words or gestures.
R.S., c. C-34, s. 36.
37(1) Preventing assault
37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than
is necessary to prevent the assault or the repetition of it.
37(2) Extent of justification
(2) Nothing in this section shall be deemed to justify the wilful
infliction of any hurt or mischief that is excessive, having regard to
the nature of the assault that the force used was intended to prevent.
R.S., c. C-34, s. 37.
Defence of Property
38(1) Defence of personal property
38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified
(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
38(2) Assault by trespasser
(2) Where a person who is in peaceable possession of personal property
lays hands on it, a trespasser who persists in attempting to keep it
or take it from him or from any one lawfully assisting him shall be
deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 38.
39(1) Defence with claim of right
39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is
protected from criminal responsibility for defending that possession,
even against a person entitled by law to possession of it, if he uses
no more force than is necessary.
39(2) Defence without claim of right
(2) Every one who is in peaceable possession of personal property, but
does not claim it as of right or does not act under the authority of a
person who claims it as of right, is not justified or protected from
criminal responsibility for defending his possession against a person
who is entitled by law to possession of it.
R.S., c. C-34, s. 39.
40 Defence of dwelling
40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is
justified in using as much force as is necessary to prevent any person
from forcibly breaking into or forcibly entering the dwelling-house
without lawful authority.
R.S., c. C-34, s. 40.
41(1) Defence of house or real property
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under
his authority, is justified in using force to prevent any person from
trespassing on the dwelling-house or real property, or to remove a
trespasser therefrom, if he uses no more force than is necessary.
41(2) Assault by trespasser
(2) A trespasser who resists an attempt by a person who is in
peaceable possession of a dwelling-house or real property, or a person
lawfully assisting him or acting under his authority to prevent his
entry or to remove him, shall be deemed to commit an assault without
justification or provocation.
R.S., c. C-34, s. 41.
42(1) Assertion of right to house or real property
42. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person
under whose authority he acts, is lawfully entitled to possession of
it.
42(2) Assault in case of lawful entry
(2) Where a person
(a) not having peaceable possession of a dwelling-house or real
property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who
is entering it peaceably by day to take possession of it, for the
purpose of preventing him from entering, the assault shall be deemed
to be without justification or provocation.
42(3) Trespasser provoking assault
(3) Where a person
(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and
who is entering it peaceably by day to take possession of it, for the
purpose of preventing him from entering, the assault shall be deemed
to be provoked by the person who is entering.
R.S., c. C-34, s. 42.
Protection of Persons in Authority
43 Correction of child by force
43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil
or child, as the case may be, who is under his care, if the force does
not exceed what is reasonable under the circumstances.
R.S., c. C-34, s. 43.
44 Master of ship maintaining discipline
44. The master or officer in command of a vessel on a voyage is justified in using as much force as he believes, on reasonable grounds, is necessary for the purpose of maintaining good order and discipline on the vessel.
R.S., c. C-34, s. 44.
45 Surgical operations
45. Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if
(a) the operation is performed with reasonable care and skill; and
(b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed
and to all the circumstances of the case.
R.S., c. C-34, s. 45.
PART II
OFFENCES AGAINST PUBLIC ORDER
Treason and other Offences against the Queen's Authority and Person
46(1) High treason
46. (1) Every one commits high treason who, in Canada,
(a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or
restrains her;
(b) levies war against Canada or does any act preparatory thereto; or
(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
46(2) Treason
(2) Every one commits treason who, in Canada,
(a) uses force or violence for the purpose of overthrowing the government of Canada or a province;
(b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
(c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
(d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
(e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.
46(3) Canadian citizen
(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,
(a) commits high treason if, while in or out of Canada, he does
anything mentioned in subsection (1); or
(b) commits treason if, while in or out of Canada, he does anything
mentioned in subsection (2).
46(4) Overt act
(4) Where it is treason to conspire with any person, the act of
conspiring is an overt act of treason.
R.S., c. C-34, s. 46; 1974-75-76, c. 105, s. 2.
47(1) Punishment for high treason
47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.
47(2) Punishment for treason
(2) Every one who commits treason is guilty of an indictable offence and liable
(a) to be sentenced to imprisonment for life if he is guilty of an
offence under paragraph 46(2)(a), (c) or (d);
(b) to be sentenced to imprisonment for life if he is guilty of an
offence under paragraph 46(2)(b) or (e) committed while a state of war
exists between Canada and another country; or
(c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e)
committed while no state of war exists between Canada and another
country.
47(3) Corroboration
(3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is
corroborated in a material particular by evidence that implicates the
accused.
47(4) Minimum punishment
(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
R.S., c. C-34, s. 47; 1974-75-76, c. 105, s. 2.
48(1) Limitation
48. (1) No proceedings for an offence of treason as defined by
paragraph 46(2)(a) shall be commenced more than three years after the
time when the offence is alleged to have been committed.
48(2) Information for treasonable words
(2) No proceedings shall be commenced under section 47 in respect of
an overt act of treason expressed or declared by open and considered
speech unless
(a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within
six days after the time when the words are alleged to have been spoken; and
(b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.
R.S., c. C-34, s. 48; 1974-75-76, c. 105, s. 29.
Prohibited Acts
49 Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,
(a) does an act with intent to alarm Her Majesty or to break the
public peace, or
(b) does an act that is intended or is likely to cause bodily harm to
Her Majesty,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 49.
50(1) Assisting alien enemy to leave Canada, or omitting to prevent
treason
50. (1) Every one commits an offence who
(a) incites or wilfully assists a subject of
(i) a state that is at war with Canada, or
(ii) a state against whose forces Canadian Forces are engaged in
hostilities, whether or not a state of war exists between Canada and
the state whose forces they are,
to leave Canada without the consent of the Crown, unless the accused
establishes that assistance to the state referred to in subparagraph
(i) or the forces of the state referred to in subparagraph (ii), as
the case may be, was not intended thereby; or
(b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace
or other peace officer thereof or make other reasonable efforts to
prevent that person from committing high treason or treason.
50(2) Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
an indictable offence and liable to imprisonment for a term not
exceeding fourteen years.
R.S., c. C-34, s. 50; 1974-75-76, c. 105, s. 29.
51 Intimidating Parliament or legislature
51. Every one who does an act of violence in order to intimidate
Parliament or the legislature of a province is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen
years.
R.S., c. C-34, s. 51.
52(1) Sabotage
52. (1) Every one who does a prohibited act for a purpose prejudicial to
(a) the safety, security or defence of Canada, or
(b) the safety or security of the naval, army or air forces of any
state other than Canada that are lawfully present in Canada,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years.
52(2) Definition of "prohibited act"
(2) In this section, "prohibited act" means an act or omission that
(a) impairs the efficiency or impedes the working of any vessel,
vehicle, aircraft, machinery, apparatus or other thing; or
(b) causes property, by whomever it may be owned, to be lost, damaged
or destroyed.
52(3) Saving
(3) No person does a prohibited act within the meaning of this section
by reason only that
(a) he stops work as a result of the failure of his employer and
himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a
bargaining agent acting on his behalf to agree on any matter relating
to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or
employees.
52(4) Idem
(4) No person does a prohibited act within the meaning of this section
by reason only that he attends at or near or approaches a
dwelling-house or place for the purpose only of obtaining or
communicating information.
R.S., c. C-34, s. 52.
53 Inciting to mutiny
53. Every one who
(a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or
(b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 53.
54 Assisting deserter
54. Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces
is guilty of an offence punishable on summary conviction, but no
proceedings shall be instituted under this section without the consent
of the Attorney General of Canada.
R.S., c. C-34, s. 54.
55 Evidence of overt acts
55. In proceedings for an offence against any provision in section 47
or sections 49 to 53, no evidence is admissible of an overt act unless
that overt act is set out in the indictment or unless the evidence is
otherwise relevant as tending to prove an overt act that is set out
therein.
R.S., c. C-34, s. 55.
56 Offences in relation to members of R.C.M.P.
56. Every one who wilfully
(a) persuades or counsels a member of the Royal Canadian Mounted
Police to desert or absent himself without leave,
(b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave,
or
(c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is
about to desert or absent himself without leave,
is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 56; R.S., 1985, c. 27 (1st Supp.), s. 8.
Passports
57(1) Forgery of or uttering forged passport
57. (1) Every one who, while in or out of Canada,
(a) forges a passport, or
(b) knowing that a passport is forged
(i) uses, deals with or acts on it, or
(ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
57(2) False statement in relation to passport
(2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the
purpose of procuring any material alteration or addition to any such
passport, makes a written or an oral statement that he knows is false
or misleading
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
57(3) Possession of forged, etc., passport
(3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect
of which an offence under subsection (2) has been committed is guilty
of an indictable offence and liable to imprisonment for a term not exceeding five years.
57(4) Special provisions applicable
(4) For the purposes of proceedings under this section,
(a) the place where a passport was forged is not material; and
(b) the definition "false document" in section 321, and section 366, apply with such modifications as the circumstances require.
57(5) Definition of "passport"
(5) In this section, "passport" means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of
identifying the holder thereof.
57(6) Jurisdiction
(6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence
may, whether or not that person is in Canada, be commenced in any
territorial division in Canada and the accused may be tried and
punished in respect of that offence in the same manner as if the
offence had been committed in that territorial division.
57(7) Appearance of accused at trial
(7) For greater certainty, the provisions of this Act relating to
(a) requirements that an accused appear at and be present during
proceedings, and
(b) the exceptions to those requirements,
apply to proceedings commenced in any territorial division pursuant to
subsection (6).
R.S., 1985, c. C-46, s. 57; R.S., 1985, c. 27 (1st Supp.), s. 9; 1992,
c. 1, s. 60(F); 1994, c. 44, s. 4; 1995, c. 5, s. 25.
58(1) Fraudulent use of certificate of citizenship
58. (1) Every one who, while in or out of Canada,
(a) uses a certificate of citizenship or a certificate of
naturalization for a fraudulent purpose, or
(b) being a person to whom a certificate of citizenship or a
certificate of naturalization has been granted, knowingly parts with
the possession of that certificate with intent that it should be used
for a fraudulent purpose,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
58(2) Definition of "certificate of citizenship" and "certificate of
naturalization"
(2) In this section, "certificate of citizenship" and "certificate of
naturalization", respectively, mean a certificate of citizenship and a
certificate of naturalization as defined by the Citizenship Act.
R.S., c. C-34, s. 59; 1974-75-76, c. 108, s. 41.
Sedition
59(1) Seditious words
59. (1) Seditious words are words that express a seditious intention.
59(2) Seditious libel
(2) A seditious libel is a libel that expresses a seditious intention.
59(3) Seditious conspiracy
(3) A seditious conspiracy is an agreement between two or more persons
to carry out a seditious intention.
59(4) Seditious intention
(4) Without limiting the generality of the meaning of the expression
"seditious intention", every one shall be presumed to have a seditious
intention who
(a) teaches or advocates, or
(b) publishes or circulates any writing that advocates,
the use, without the authority of law, of force as a means of
accomplishing a governmental change within Canada.
R.S., c. C-34, s. 60.
60 Exception
60. Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,
(a) to show that Her Majesty has been misled or mistaken in her
measures;
(b) to point out errors or defects in
(i) the government or constitution of Canada or a province,
(ii) Parliament or the legislature of a province, or
(iii) the administration of justice in Canada;
(c) to procure, by lawful means, the alteration of any matter of
government in Canada; or
(d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.
R.S., c. C-34, s. 61.
61 Punishment of seditious offences
61. Every one who
(a) speaks seditious words,
(b) publishes a seditious libel, or
(c) is a party to a seditious conspiracy,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 62.
62(1) Offences in relation to military forces
62. (1) Every one who wilfully
(a) interferes with, impairs or influences the loyalty or discipline
of a member of a force,
(b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or
(c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
62(2) Definition of "member of a force"
(2) In this section, "member of a force" means a member of
(a) the Canadian Forces; or
(b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.
R.S., c. C-34, s. 63.
Unlawful Assemblies and Riots
63(1) Unlawful assembly
63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a
manner or so conduct themselves when they are assembled as to cause
persons in the neighbourhood of the assembly to fear, on reasonable
grounds, that they
(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
63(2) Lawful assembly becoming unlawful
(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that
would have made the assembly unlawful if they had assembled in that
manner for that purpose.
63(3) Exception
(3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against
persons who are threatening to break and enter it for the purpose of
committing an indictable offence therein.
R.S., c. C-34, s. 64.
64 Riot
64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
R.S., c. C-34, s. 65.
65 Punishment of rioter
65. Every one who takes part in a riot is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 66.
66 Punishment for unlawful assembly
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 67.
67 Reading proclamation
67. A person who is
(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or
sheriff,
(b) a warden or deputy warden of a prison, or
(c) the institutional head of a penitentiary, as those expressions are
defined in subsection 2(1) of the Corrections and Conditional Release
Act, or that person's deputy,
who receives notice that, at any place within the jurisdiction of the
person, twelve or more persons are unlawfully and riotously assembled
together shall go to that place and, after approaching as near as is
safe, if the person is satisfied that a riot is in progress, shall
command silence and thereupon make or cause to be made in a loud voice
a proclamation in the following words or to the like effect:
Her Majesty the Queen charges and commands all persons being assembled
immediately to disperse and peaceably to depart to their habitations
or to their lawful business on the pain of being guilty of an offence
for which, on conviction, they may be sentenced to imprisonment for
life. GOD SAVE THE QUEEN.
R.S., 1985, c. C-46, s. 67; 1994, c. 44, s. 5.
68 Offences related to proclamation
68. Every one is guilty of an indictable offence and liable to
imprisonment for life who
(a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the
proclamation referred to in section 67 so that it is not made;
(b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes
after it is made; or
(c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in
section 67 would have been made in that place if some person had not
opposed, hindered or assaulted, wilfully and with force, a person who
would have made it.
R.S., c. C-34, s. 69.
69 Neglect by peace officer
69. A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 70.
Unlawful Drilling
70(1) Orders by Governor in Council
70. (1) The Governor in Council may, by proclamation, make orders
(a) to prohibit assemblies, without lawful authority, of persons for
the purpose
(i) of training or drilling themselves,
(ii) of being trained or drilled to the use of arms, or
(iii) of practising military exercises; or
(b) to prohibit persons when assembled for any purpose from training
or drilling themselves or from being trained or drilled.
70(2) General or special order
(2) An order that is made under subsection (1) may be general or may
be made applicable to particular places, districts or assemblies to be
specified in the order.
70(3) Punishment
(3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term
not exceeding five years.
R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F).
Duels
71 Duelling
71. Every one who
(a) challenges or attempts by any means to provoke another person to fight a duel,
(b) attempts to provoke a person to challenge another person to fight a duel, or
(c) accepts a challenge to fight a duel,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
R.S., c. C-34, s. 72.
Forcible Entry and Detainer
72(1) Forcible entry
72. (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in
a manner that is likely to cause a breach of the peace or reasonable
apprehension of a breach of the peace.
72(1.1) Matters not material
(1.1) For the purposes of subsection (1), it is immaterial whether or
not a person is entitled to enter the real property or whether or not
that person has any intention of taking possession of the real
property.
72(2) Forcible detainer
(2) A person commits forcible detainer when, being in actual
possession of real property without colour of right, he detains it in
a manner that is likely to cause a breach of the peace or reasonable
apprehension of a breach of the peace, against a person who is
entitled by law to possession of it.
72(3) Questions of law
(3) The questions whether a person is in actual and peaceable
possession or is in actual possession without colour of right are
questions of law.
R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.), s. 10;
1992, c. 1, s. 60(F).
73 Punishment
73. Every person who commits forcible entry or forcible detainer is guilty of
(a) an offence punishable on summary conviction; or
(b) an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., 1985, c. C-46, s. 73; R.S., 1985, c. 27 (1st Supp.), s. 11;
1992, c. 1, s. 58.
Piracy
74(1) Piracy by law of nations
74. (1) Every one commits piracy who does any act that, by the law of nations, is piracy.
74(2) Punishment
(2) Every one who commits piracy while in or out of Canada is guilty
of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 75; 1974-75-76, c. 105, s. 3.
75 Piratical acts
75. Every one who, while in or out of Canada,
(a) steals a Canadian ship,
(b) steals or without lawful authority throws overboard, damages or
destroys anything that is part of the cargo, supplies or fittings in a
Canadian ship,
(c) does or attempts to do a mutinous act on a Canadian ship, or
(d) counsels a person to do anything mentioned in paragraph (a), (b)
or (c),
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 75; R.S., 1985, c. 27 (1st Supp.), s. 7.
Offences against Air or Maritime Safety
76 Hijacking
76. Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft
with intent
(a) to cause any person on board the aircraft to be confined or
imprisoned against his will,
(b) to cause any person on board the aircraft to be transported
against his will to any place other than the next scheduled place of
landing of the aircraft,
(c) to hold any person on board the aircraft for ransom or to service
against his will, or
(d) to cause the aircraft to deviate in a material respect from its
flight plan,
is guilty of an indictable offence and liable to imprisonment for
life.
1972, c. 13, s. 6.
77 Endangering safety of aircraft or airport
77. Every one who
(a) on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,
(b) using a weapon, commits an act of violence against a person at an
airport serving international civil aviation that causes or is likely
to cause serious injury or death and that endangers or is likely to
endanger safety at the airport,
(c) causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,
(d) places or causes to be placed on board an aircraft in service
anything that is likely to cause damage to the aircraft, that will
render it incapable of flight or that is likely to endanger the safety
of the aircraft in flight,
(e) causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,
(f) using a weapon, substance or device, destroys or causes serious
damage to the facilities of an airport serving international civil
aviation or to any aircraft not in service located there, or causes
disruption of services of the airport, that endangers or is likely to
endanger safety at the airport, or
(g) endangers the safety of an aircraft in flight by communicating to any other person any information that the person knows to be false,
is guilty of an indictable offence and liable to imprisonment for
life.
R.S., 1985, c. C-46, s. 77; 1993, c. 7, s. 3.
78(1) Offensive weapons and explosive substances
78. (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon
or any explosive substance
(a) without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or
(b) with the consent referred to in paragraph (a) but without
complying with all terms and conditions on which the consent was
given,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
78(2) Definition of "civil aircraft"
(2) For the purposes of this section, "civil aircraft" means all
aircraft other than aircraft operated by the Canadian Forces, a police
force in Canada or persons engaged in the administration or
enforcement of the Customs Act or the Excise Act.
R.S., 1985, c. C-46, s. 78; R.S., 1985, c. 1 (2nd Supp.), s. 213.
78.1(1) Seizing control of ship or fixed platform
78.1 (1) Every one who seizes or exercises control over a ship or
fixed platform by force or threat of force or by any other form of
intimidation is guilty of an indictable offence and liable to
imprisonment for life.
78.1(2) Endangering safety of ship or fixed platform
(2) Every one who
(a) commits an act of violence against a person on board a ship or fixed platform,
(b) destroys or causes damage to a ship or its cargo or to a fixed
platform,
(c) destroys or causes serious damage to or interferes with the
operation of any maritime navigational facility, or
(d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to
the fixed platform,
where that act is likely to endanger the safe navigation of a ship or
the safety of a fixed platform, is guilty of an indictable offence and
liable to imprisonment for life.
78.1(3) False communication
(3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty
of an indictable offence and liable to imprisonment for life.
78.1(4) Threats causing death or injury
(4) Every one who threatens to commit an offence under paragraph
(2)(a), (b) or (c) in order to compel a person to do or refrain from
doing any act, where the threat is likely to endanger the safe
navigation of a ship or the safety of a fixed platform, is guilty of
an indictable offence and liable to imprisonment for life.
78.1(5) Definitions
(5) In this section,
78.1(5) "fixed platform"
"fixed platform" means an artificial island or a marine installation
or structure that is permanently attached to the seabed for the
purpose of exploration or exploitation of resources or for other
economic purposes;
78.1(5) "ship"
"ship" means every description of vessel not permanently attached to
the seabed, other than a warship, a ship being used as a naval
auxiliary or for customs or police purposes or a ship that has been
withdrawn from navigation or is laid up.
1993, c. 7, s. 4.
Dangerous Substances
79 Duty of care re explosive
79. Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care
to prevent bodily harm or death to persons or damage to property by
that explosive substance.
R.S., c. C-34, s. 77.
80 Breach of duty
80. Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is
guilty of an indictable offence and, if as a result an explosion of an
explosive substance occurs that
(a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or
(b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 78.
81(1) Using explosives
81. (1) Every one commits an offence who
(a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;
(b) with intent to do bodily harm to any person
(i) causes an explosive substance to explode,
(ii) sends or delivers to a person or causes a person to take or
receive an explosive substance or any other dangerous substance or
thing, or
(iii) places or throws anywhere or at or on a person a corrosive
fluid, explosive substance or any other dangerous substance or thing;
(c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or
(d) makes or has in his possession or has under his care or control any explosive substance with intent thereby
(i) to endanger life or to cause serious damage to property, or
(ii) to enable another person to endanger life or to cause serious
damage to property.
81(2) Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
an indictable offence and liable
(a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or
(b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 79.
82 Possession without lawful excuse
82. Every one who, without lawful excuse, the proof of which lies on him, makes or has in his possession or under his care or control any
explosive substance is guilty of an indictable offence and liable to
imprisonment for a term not exceeding five years.
R.S., 1985, c. C-46, s. 82; R.S., 1985, c. 27 (1st Supp.), s. 12.
Prize Fights
83(1) Engaging in prize fight
83. (1) Every one who
(a) engages as a principal in a prize fight,
(b) advises, encourages or promotes a prize fight, or
(c) is present at a prize fight as an aid, second, surgeon, umpire,
backer or reporter,
is guilty of an offence punishable on summary conviction.
83(2) Definition of "prize fight"
(2) In this section, "prize fight" means an encounter or fight with
fists or hands between two persons who have met for that purpose by
previous arrangement made by or for them, but a boxing contest between
amateur sportsmen, where the contestants wear boxing gloves of not
less than one hundred and forty grams each in mass, or any boxing
contest held with the permission or under the authority of an athletic
board or commission or similar body established by or under the
authority of the legislature of a province for the control of sport
within the province, shall be deemed not to be a prize fight.
R.S., 1985, c. C-46, s. 83; R.S., 1985, c. 27 (1st Supp.), s. 186.
PART III
FIREARMS AND OTHER OFFENSIVE WEAPONS
Interpretation
84(1) Definitions
84. (1) For the purposes of this Part,
84(1) "antique firearm"
"antique firearm" means any firearm manufactured before 1898 that was
not designed to use rim-fire or centre-fire ammunition and that has
not been redesigned to use such ammunition, or, if so designed or
redesigned, is capable only of using rim-fire or centre-fire
ammunition that is not commonly available in Canada;
84(1) "chief provincial firearms officer"
"chief provincial firearms officer" means a person who has been
designated in writing by the Attorney General of a province as the
chief provincial firearms officer for that province;
84(1) "Commissioner"
"Commissioner" means the Commissioner of the Royal Canadian Mounted
Police;
84(1) "firearm"
"firearm" means any barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing
serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted
for use as a firearm;
84(1) "firearms acquisition certificate"
"firearms acquisition certificate" means a firearms acquisition certificate issued by a firearms officer under section 106 or 107;
84(1) "firearms officer"
"firearms officer" means any person who has been designated in writing as a firearms officer by the Commissioner or the Attorney General of a
province or who is a member of a class of persons that has been so designated;
84(1) "genuine gun collector"
"genuine gun collector" means an individual who possesses or seeks to
acquire one or more restricted weapons that are related or distinguished by historical, technological or scientific characteristics, has knowledge of those characteristics, has consented to the periodic inspection, conducted in a reasonable manner and in accordance with the regulations, of the premises in which the
restricted weapons are to be kept and has complied with such other requirements as are prescribed by regulation respecting knowledge, secure storage and the keeping of records in respect of the restricted weapons;
84(1) "large-capacity cartridge magazine"
"large-capacity cartridge magazine" means any device or container from
which ammunition may be fed into the firing chamber of a firearm;
84(1) "local registrar of firearms"
"local registrar of firearms" means any person who has been designated
in writing as a local registrar of firearms by the Commissioner or the
Attorney General of a province or who is a member of a class of police
officers or police constables that has been so designated;
84(1) "permit"
"permit" means a permit issued under section 110;
84(1) "prohibited weapon"
"prohibited weapon" means
(a) any device or contrivance designed or intended to muffle or stop the sound or report of a firearm,
(b) any knife that has a blade that opens automatically by gravity or
centrifugal force or by hand pressure applied to a button, spring or
other device in or attached to the handle of the knife,
(c) any firearm, not being a restricted weapon described in paragraph
(c) or (c.1) of the definition of that expression in this subsection,
that is capable of, or assembled or designed and manufactured with the
capability of, firing projectiles in rapid succession during one
pressure of the trigger, whether or not it has been altered to fire
only one projectile with one such pressure,
(d) any firearm adapted from a rifle or shotgun, whether by sawing, cutting or other alteration or modification, that, as so adapted, has
a barrel that is less than 457 mm in length or that is less than 660 mm in overall length,
(e) a weapon of any kind, not being an antique firearm or a firearm of a kind commonly used in Canada for hunting or sporting purposes, or a
part, component or accessory of such a weapon, or any ammunition, that
is declared by order of the Governor in Council to be a prohibited
weapon, or
(f) a large-capacity cartridge magazine prescribed by regulation;
84(1) "registration certificate"
"registration certificate" means a restricted weapon registration
certificate issued under section 109;
84(1) "regulations"
"regulations" means regulations made by the Governor in Council
pursuant to section 116;
84(1) "restricted weapon"
"restricted weapon" means
(a) any firearm, not being a prohibited weapon, designed, altered or intended to be aimed and fired by the action of one hand,
(b) any firearm that
(i) is not a prohibited weapon, has a barrel that is less than 470 mm in length and is capable of discharging centre-fire ammunition in a
semi-automatic manner, or
(ii) is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or
(c) any firearm that is designed, altered or intended to fire bullets in rapid succession during one pressure of the trigger and that, on
January 1, 1978, was registered as a restricted weapon and formed part
of a gun collection in Canada of a genuine gun collector,
(c.1) any firearm that is assembled or designed and manufactured with
the capability of firing projectiles in rapid succession with one
pressure of the trigger, to the extent that
(i) the firearm is altered to fire only one projectile with one such
pressure,
(ii) on October 1, 1992, the firearm was registered as a restricted weapon, or an application for a registration certificate was made to a
local registrar of firearms in respect of the firearm, and the firearm
formed part of a gun collection in Canada of a genuine gun collector,
and
(iii) subsections 109(4.1) and (4.2) were complied with in respect of that firearm, or
(d) a weapon of any kind, not being a prohibited weapon or a shotgun or rifle of a kind that, in the opinion of the Governor in Council, is
reasonable for use in Canada for hunting or sporting purposes, that is
declared by order of the Governor in Council to be a restricted weapon.
84(1.1) Barrel length
(1.1) For the purposes of paragraph (d) of the definition "prohibited
weapon" and of subparagraph (b)(i) of the definition "restricted
weapon" in subsection (1), the length of a barrel of a firearm means
(a) in the case of a revolver, the distance from the muzzle of the
barrel to the breach end immediately in front of the cylinder; and
(b) in any other case, the distance from the muzzle of the barrel to and including the chamber, but not including the length of any part or
accessory including parts or accessories designed or intended to suppress the muzzle flash or reduce recoil.
84(1.2) Weapon to be a restricted weapon
(1.2) Where the Governor in Council makes an order referred to in
paragraph (e) of the definition "prohibited weapon" in subsection (1),
the Governor in Council may also, by order, declare that a person who
possesses a weapon referred to in that paragraph prior to the coming
into force of the order referred to in that paragraph shall only
retain the ownership and possession of the weapon if the person
obtains a registration certificate in respect of the weapon in
accordance with section 109 and, where the Governor in Council makes
such an order, the weapon is deemed to be a restricted weapon for that
person for the purposes of this Act.
84(2) Certain weapons deemed not to be firearms
(2) Notwithstanding the definition "firearm" in subsection (1), for the purposes of the definitions "prohibited weapon" and "restricted
weapon" in that subsection and for the purpose of section 93,
subsections 97(1) and (3) and sections 102, 104, 105 and 116, the
following weapons shall be deemed not to be firearms:
(a) an antique firearm unless
(i) but for this subsection, it would be a restricted weapon, and
(ii) the person in possession thereof intends to discharge it;
(b) any device designed, and intended by the person in possession thereof, for use exclusively for
(i) signalling, notifying of distress or firing stud cartridges,
explosive-driven rivets or similar industrial ammunition, or
(ii) firing blank cartridges;
(c) any shooting device designed, and intended by the person in
possession thereof, for use exclusively for
(i) slaughtering of domestic animals,
(ii) tranquilizing animals, or
(iii) discharging projectiles with lines attached thereto; and
(d) any other barrelled weapon where it is proved that that weapon is not designed or adapted to discharge a shot, bullet or other
projectile at a muzzle velocity exceeding 152.4 m per second or to
discharge a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second.
84(3) Designated officer or constable
(3) A police officer or police constable designated in writing by the
Commissioner or the Attorney General of a province for the purposes of
this subsection or who is a member of a class of police officers or
police constables that has been so designated may perform such
functions and duties of a local registrar of firearms under
subsections 109(1) to (6) and subsections 110(3) and (4) as are
specified in the designation.
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F),
186; 1991, c. 40, s. 2.
Offences Related to the Use of Firearms and other Offensive Weapons
85(1) Use of firearm during commission of offence, etc.
85. (1) Every one who uses a firearm
(a) while committing or attempting to commit an indictable offence, or
(b) during his flight after committing or attempting to commit an
indictable offence,
whether or not he causes or means to cause bodily harm to any person
as a result thereof, is guilty of an indictable offence and liable to
imprisonment
(c) in the case of a first offence, except as provided in paragraph
(d), for not more than fourteen years and not less than one year, and
(d) in the case of a second or subsequent offence, or in the case of a first offence committed by a person who, prior to January 1, 1978, was
convicted of an indictable offence or an attempt to commit an
indictable offence, in the course of which or during his flight after
the commission or attempted commission of which he used a firearm, for
not more than fourteen years and not less than three years.
85(2) Sentences to be served consecutively
(2) A sentence imposed on a person for an offence under subsection (1)
shall be served consecutively to any other punishment imposed on him
for an offence arising out of the same event or series of events and
to any other sentence to which he is subject at the time the sentence
is imposed on him for an offence under subsection (1).
R.S., c. C-34, s. 83; 1976-77, c. 53, s. 3.
86(1) Pointing a firearm
86. (1) Every one who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
86(2) Careless use, etc., of firearm
(2) Every one who, without lawful excuse, uses, carries, handles,
ships or stores any firearm or ammunition in a careless manner or
without reasonable precautions for the safety of other persons
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two
years, and
(ii) in the case of a second or subsequent offence, for a term not
exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
86(3) Storage, etc., of firearms
(3) Every person who stores, displays, handles or transports any
firearm in a manner contrary to a regulation made under paragraph
116(1)(g)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 86; 1991, c. 40, s. 3.
Offences Related to Possession of Firearms and other Offensive Weapons
87 Possession of weapon or imitation
87. Every one who carries or has in his possession a weapon or
imitation thereof, for a purpose dangerous to the public peace or for
the purpose of committing an offence, is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 85; 1976-77, c. 53, s. 3.
88 While attending public meeting
88. Every one who, without lawful excuse, has a weapon in his
possession while he is attending or is on his way to attend a public
meeting is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 86; 1976-77, c. 53, s. 3.
89 Carrying concealed weapon
89. Every one who carries a weapon concealed, unless he is the holder of a permit under which he may lawfully so carry it,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 87; 1976-77, c. 53, s. 3.
90(1) Possession of prohibited weapon
90. (1) Every one who has in his possession a prohibited weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
90(2) Prohibited weapon in motor vehicle
(2) Every one who is an occupant of a motor vehicle in which he knows
there is a prohibited weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
90(3) Saving provision
(3) Subsection (1) does not apply to a person who comes into
possession of a prohibited weapon by operation of law and thereafter,
with reasonable despatch, lawfully disposes thereof.
90(3.1) Classes of persons
(3.1) Subsection (1) does not apply in a province with respect to any
person designated by the Attorney General of the province as a person
who belongs to a class of persons who require a prohibited weapon
described in paragraph (c), (e) or (f) of the definition "prohibited
weapon" in subsection 84(1) or any component or part thereof for a
purpose that the Governor in Council prescribes by regulation to be an
industrial purpose, or to any person who is under the direct and
immediate supervision of such a person.
90(3.2) Large-capacity cartridge magazines
(3.2) Notwithstanding anything in this Act, no person is guilty of an
offence under subsection (1) by reason only that the person possesses
a prohibited weapon described in paragraph (f) of the definition of
that expression in subsection 84(1), where
(a) that person has been authorized in writing by the local registrar of firearms to be a person who may possess such a weapon for use in
conjunction with a firearm that is suitable for use in shooting competitions designated by the Attorney General and is lawfully
possessed by the person and where the person has complied with all
conditions for the possession of that weapon that are prescribed by
regulations or that are required by the local registrar of firearms in
the particular circumstances and in the interests of the safety of the
person or of any other person; or
(b) that person is a person who is designated for the purposes of
paragraph 95(3)(b).
90(4) Idem
(4) Subsection (2) does not apply to an occupant of a motor vehicle in which there is a prohibited weapon where, by virtue of subsection (3)
or section 92, subsection (1) does not apply to the person who is in
possession of that weapon.
R.S., 1985, c. C-46, s. 90; 1991, c. 28, s. 6, c. 40, ss. 4, 35; 1994,
c. 44, s. 6.
90.1(1) Refusal and notification
90.1 (1) Where, pursuant to paragraph 90(3.2)(a), a local registrar of firearms refuses to authorize in writing that a person is a person who
may possess a prohibited weapon referred to in that paragraph for use
in conjunction with a firearm that is suitable for use in shooting
competitions designated by the Attorney General, the local registrar
of firearms shall notify the person in writing of the refusal and the
reasons for it and include in the notification a copy of this section.
90.1(2) Request for reference to judge
(2) A person who has received a notification referred to in subsection
(1) may, within 30 days after receiving the notification or within such time as is, before or after the expiration of that period, allowed by a provincial court judge, request in writing the local
registrar of firearms to refer the matter to a provincial court judge
having jurisdiction in the territorial division in which the person
resides.
90.1(3) Hearing
(3) On a reference by the local registrar of firearms pursuant to
subsection (2), the provincial court judge shall fix a date for the
hearing of the reference and direct that notice of the hearing be
given to the person and to the local registrar of firearms, in such
manner as the provincial court judge may specify.
90.1(4) Burden of proof
(4) In a hearing under subsection (3) the burden of proof is on the person to satisfy the provincial court judge that the refusal was not
justified.
90.1(5) Order
(5) Where at the conclusion of the hearing under subsection (3), the person has satisfied the provincial court judge that the refusal was
not justified, the provincial court judge shall, by order, direct the local registrar of firearms to authorize in writing that the person
may possess a prohibited weapon referred to in paragraph 90(3.2)(a)
for use in conjunction with a firearm that is suitable for use in
shooting competitions designated by the Attorney General and the local
registrar of firearms shall immediately comply with the order.
90.1(6) Appeal
(6) Where a provincial court judge makes an order pursuant to
subsection (5), the local registrar of firearms may appeal to the
appeal court against the order and the provisions of Part XXVII except
sections 816 to 819 and 829 to 836 apply, with such modifications as
the circumstances require, in respect of the appeal.
90.1(7) Definition of "appeal court"
(7) In this section, "appeal court" has the meaning given that
expression in subsection 100(11).
1991, c. 40, s. 4.
91(1) Possession of unregistered restricted weapon
91. (1) Every one who has in his possession a restricted weapon for which he does not have a registration certificate
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
91(2) Possession elsewhere than at place authorized
(2) Every one who has in his possession a restricted weapon elsewhere
than at the place at which he is entitled to possess it, as indicated
on the registration certificate issued therefor, is, unless he is the
holder of a permit under which he may lawfully so possess it,
(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or