Full Text:Volume 7

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See also: Full Text:Index

Reference Materials

Topic Index

Volume I: Criminal Law

Volume II: Evidence

Basic Principles

Forms of Evidence

Limits on the Admissibility of Evidence


Volume III: Search and Seizure

Seizure and Forfeiture Powers

Exclusion of Evidence

Appendix

Volume IV: Procedure and Practice

Arrest, Detention and Release

The Parties in a Proceeding

Disclosure

Courts and Charges

Pre-Hearing Stages

Substantive Hearings

Mental Health Issues

Youth Procedure

Appeals

Appendix

Volume V: Sentencing

Principles and Factors

Tools of Sentencing: Available Sentences

Tools of Sentencing: Ancillary Orders

Procedure

Serving Sentences and Afterwards

Young Offenders

Military

Appendix

Full Text By Volume

Table of Concordance (Criminal Code)

1970 to 1985

Table of Concordance for the Criminal Code.

R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46
1 1
2 2
2.1 3
Part I Part I
3(1) 4
3(2) 4(1)
3(3) 4(2)
3(4) 4(3)
3(5) 4(4)
3(6) 4(5)
3(7) 4(6)
3(8) 4(7)
4 5
5 6
6 7
6(1.1) 7(2)
6(1.2) 7(3)
6(1.3) 7(3.1)
6(1.4) 7(3.2)
6(1.5) 7(3.3)
6(1.6) 7(3.4)
6(1.7) 7(3.5)
6(1.8) 7(3.6)
6(1.9) 7(3.7)
6(1.91) 7(3.71)
6(1.92) 7(3.72)
6(1.93) 7(3.73)
6(1.94) 7(3.74)
6(1.95) 7(3.75)
6(1.96) 7(3.76)
6(1.97) 7(3.77)
6(2) 7(4)
6(3) 7(5)
6(3.1) 7(5.1)
6(4) 7(6)
6(5) 7(7)
6(6) 7(8)
6(7) 7(9)
6(8) 7(10)
6(9) 7(11)
7 8
7(1)(a) 8(1)(b)
7(1)(b) 8(1)(a)
8 9
9 10
10 11
11 12
12 13
13 -
14-45 14-45
Part II Part II
46-55 46-55
56 -
57 56
58 57
59 58
60 59
61 60
62 61
63 62
64 63
65 64
66 65
67 66
68 67
69 68
70 69
71 70
72 71
73 72
74 73
75 74
76 75
76.1 76
76.2 77
76.3 78
77 79
78 80
79 81
80 82
81 83
Part II.1 Part III
82 84
83 85
84 86
85 87
86 88
87 89
88 90
89 91
90 92
91 93
92 94
93 95
94 96
95 97
96 98
97 99
98 100
99 101
100 102
101 103
102 104
103 105
104 106
105 107
106 108
106.1 109
106.2 110
106.3 111
106.4 112
106.5 113
106.6 114
106.7 115
106.8 116
106.9 117
Part III Part IV
107 118
108 119
109 120
110 121
111 122
112 123
113 124
114 125
115 126
116 127
117 128
118 129
119 130
120 131
121 132
122 133
122.1 134
123 135
124 136
125 137
126 138
127 139
128 140
129 141
130 142
131 143
132 144
133 145
134 146
135 147
136 148
137 149
Part IV Part V
138 150
139 150.1
140 151
141 152
142 to 145 -
146 153
147 154
148-149 -
150 155
151 156
152 157
153 158
154 159
155 160
156 -
157 161
158 162
159 163
160 164
161 165
162 166
163 167
164 168
165 169
166 170
167 171
168 172
169 173
170 174
171 175
172 176
173 177
174 178
175 179
176 180
177 181
178 182
Part IV.1 Part VI
178.1 183
178.11 184
178.12 185
178.13 186
178.14 187
178.15 188
187.16 189
178.17 190
178.18 191
178.19 192
178.2 193
178.21 194
178.22 195
R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46
178.23 196
Part V Part VII
179 197
180 198
181 199
182-183 -
184 200
185 201
186 202
187 203
188 204
188.1 205
189 206
190 207
191 208
192 209
193 210
194 211
195 212
195.1 213
Part VI Part VIII
196 214
197 215
198 216
199 217
200 218
201 -
202 219
203 220
204 221
205 222
206 223
207 224
208 225
209 226
210 227
221 228
212 229
213 230
214 231
215 232
216 233
217 234
218 235
219 236
220 237
221 238
222 239
223 240
224 241
225 -
226 242
227 243
228 244, 244.1
229 245
230 246
231 247
232 248
233 249
234 250
235 251
236 252
237 253
238 254
239 255
240 256
240.1 257
241 258
242 259
243 260
243.1 261
243.2 262
243.3 263
243.4 264.1
244 265
245 266
245.1 267
245.2 268
245.3 269
245.4 269.1
246 270
246.1 271
246.2 272
246.3 273
246.4 274
246.5 275
246.6 276
246.7 277
246.8 278
247 279
247.1 279.1
248 -
249 280
250 281
250.1 282
250.2 283
250.3 284
250.4 285
250.5 286
251 287
252 288
253 289
254 290
255 291
256 292
257 293
258 294
259 295
260 296
261 297
262 298
263 299
264 300
265 301
266 302
267 303
268 304
269 305
270 306
271 307
272 308
273 309
274 310
275 311
276 312
277 313
278 314
279 315
280 316
281 317
281.1 318
281.2 319
281.3 320
Part VII Part IX
282 321
283 322
284 323
285 324
286 325
287 326
287.1 327
288 328
289 329
290 330
291 331
292 332
293 333
294 334
295 335
296 336
297 337
298 338
299 339
300 340
301 341
301.1 342
301.2 342.1
302 343
303 344
304 345
305 346
305.1 347
306 348
307 349
308 350
309 351
310 352
311 353
312 354
313 355
314 356
315 357
316 358
317 359
318 360
319 361
320 362
321 363
322 364
323 365
324 366
325 367
326 368
327 369
328 370
329 371
330 372
331 373
332 374
333 375
334 376
335 377
336 378
Part VIII Part X
337 379
338 380
339 381
340 382
341 383
342 384
343 385
R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46
344 386
345 387
346 388
347 389
348 390
349 391
350 392
351 393
352 394
353 395
354 396
355 397
356 398
357 399
358 400
359 401
360 402
361 403
362 404
363 405
364 406
365 407
366 408
367 409
368 410
369 411
370 412
371 413
372 414
373 415
374 416
375 417
376 418
377 419
378 420
379 421
380 422
381 423
381.1 424
382 425
383 426
384 427
Part IX Part XI
385 428
386 429
387 430
387.1 431
388 432
389 433
390 434
391 435
392 436
393 437
394 438
395 439
396 440
397 441
398 442
399 443
400 444
401 445
402 446
403 447
404 -
405 -
Part X Part XII
406 448
407 449
408 450
409 451
410 452
411 453
412 454
413 455
414 456
415 457
416 458
417 459
418 460
419 461
420 462
Part X.1 Part XII.1
420.1 462.1
420.2 462.2
Part X.1 Part XII.2
420.1 462.3
420.11 462.31
420.12 462.32
420.13 462.33
420.14 462.34
420.15 462.35
420.16 462.36
420.17 462.37
420.18 462.38
420.19 462.39
420.2 462.4
420.21 462.41
420.22 462.42
420.23 462.43
420.24 462.44
420.25 462.45
420.26 462.46
420.27 462.47
420.28 462.48
420.29 462.49
420.3 462.5
Part XI Part XIII
421 463
422 464
423 465
423(1)(c) -
423(1)(d) 465(1)(c)
423(1)(e) 465(1)(d)
423(2) 465(2)
423(3) 465(3)
423(4) 465(4)
423(5) 465(5)
- 465(6)
423(6) 465(7)
424 466
425 467
Part XII Part XIV
426 468
427 469
428 470
429 471
429.1 472
430 473
431 474
431.1 475
432 476
433 477
- 477.1
- 477.2
- 477.3
- 477.4
434 478
435 479
436 480
437 481
438 482
438(1.1) 482(2)
438(2) 482(3)
438(3) -
438(4) 482(4)
438(5) 482(5)
Part XIII Part XV
439 483
440 484
440.1 485
440.2 485.1
442 486
442(1) 486(1) to (1.4)
442(2.1) 486(2.1)
442(2.2) 486(2.2)
442(3) 486(3)
442(3.1) 486(4)
442(4) 486(5)
442(5) 486(6)
443 487
- 487.01
- 487.02
- 487.03
- 487.04
- 487.05
- 487.051
- 487.052
- 487.053
- 487.054
- 487.055
- 487.056
- 487.057
- 487.058
- 487.06
- 487.07
- 487.071
- 487.08
- 487.09
- 487.091
- 487.092
- 487.0
443.1 487.1
443.2 487.2
444 488
444.1 488.1
445 489
445.1 489.1
446 490
446.1 491
446.2 491.1
446.3 491.2
447 492
- 492.1
- 492.2
Part XIV Part XVI
448 493
449 494
450 495
451 496
452 497
453 498
R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46
453.1 499
453.2 500
453.3 501
453.4 502
454 503
455 504
455.1 505
455.2 506
455.3 507
455.4 508
455.5 509
455.6 510
456 511
456.1 512
456.2 513
456.3 514
457 515
457.1 516
457.2 517
457.3 518
457.4 519
457.5 520
457.6 521
457.7 522
457.8 523
458 524
459 525
459.1 526
460 527
461 528
462 529
Part XIV.1 Part XVII
462.1 530
462.11 530.1
462.2 531
462.3 532
462.4 533
Part XV Part XVIII
463 535
464 536
465 537
466 538
467 539
468 540
469 541
470 542
471 543
471.1 544
472 545
473 546
474 547
474.1 547.1
475 548
476 549
477 550
478 551
479 -
480 -
481 -
Part XVI Part XIX
482 552
483 553
484 554
485 555
486 556
487 557
488 558
489 559
490 560
491 561
492 562
493 563
494 564
495 565
496 566
497 567
498 568
499 569
500 570
501 571
502 572
503 573
Part XVII Part XX
504 574
505 575
506 576
507 577
507.1 578
508 579
- 579.1
509 580
510 581
511 582
512 583
513 584
514 585
515 586
516 587
517 588
518 589
519 590
520 591
521 592
522 593
523 594
524 595
525 596
526 597
526.1 598
527 599
528 600
529 601
530 602
531 603
532 604
533 605
533.1 625.1
534 606
535 607
536 608
537 609
538 610
539 611
540 612
541 613
542 614
543 615
544 616
545 617
546 618
547 619
548 620
549 621
550 622
551 623
552 624
553 625
553.1 625.1
554 626
555 627
556 -
557 628
558 629
559 630
560 631
561 632
562 633
563 634
564 635
565 636
566 637
567 638
568 639
569 640
570 641
571 642
572 643
573 644
574 645
575 646
576 647
576.1 648
576.2 649
577 650
578 651
579 652
580 653
581 654
582 655
583 656
584 657
584.1 657.1
585 658
586 659
587 660
588 661
589 662
590 663
591 664
592 665
593 666
594 667
595 668
596 669
597 669.1
597.1 669.2
- 669.3
598 670
599 671
600 672
- Part XX.1
- 672.1 to 672.95
Part XVIII Part XXI
601 673
602 674
603 675
604 -
605 676
606 677
607 678
_ _
R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46
607.1 678.1
608 679
608.1 680
608.2 681
609 682
610 683
611 684
612 685
613 686
614 687
615 688
616 689
617 690
618 691
619 -
620 692
621 693
622 694
622.1 694.1
622.2 694.2
623 695
624 696
625 697
626 698
627 699
628 700
- 700.1
629 701
- 701.1
630 702
631 703
631.1 703.1
631.2 703.2
632 704
633 705
634 706
635 707
636 708
- 708.1
637 709
638 710
639 711
640 712
641 713
- 713.1
642 714
- 714.1
- 714.2
- 714.3
- 714.4
- 714.5
- 714.6
- 714.7
- 714.8
643 715
643.1 715.1
- 715.2
Part XX Part XXIII
644 716
645 717
646 718
646.1 718.1
647 719
648 720
649 721
650 722
651 723
652 724
653 725
654 726
655 727
656 728
657 729
658 730
659 731
660 732
660.1 733
661 734
662 735
662.1 736
663 737
664 738
665 739
666 740
667 741
668 741.1
- 741.2
669 742
- 742.1
670 743
- 743.1
671 744
- 744.1
672 745
673 746
674 747
675 to 681 -
682 748
683 549
685 750
686 751
Part XXI PartXXIV
687 752
- 752.01
- 752.1
688 753
- 753.1
- 753.2
- 753.3
- 753.4
689 754
690 755
691 756
692 757
693 758
694 759
695 760
695.1 761
Part XXII Part XXV
696 762
697 763
698 764
699 765
700 766
701 767
701.1 767.1
702 768
703 769
704 770
705 771
706 772
707 773
Part XXIII Part XXVI
720 785
721 786
722 787
723 788
724 789
725 790
726 791
727 -
728 792
729 793
730 794
731 795
732 796
732.1 797
733 798
734 799
735 800
736 801
737 802
- 802.1
738 803
739 804
740 805
741 806
742 807
743 808
744 809
745 810
810.01
810.1
- 810.2
746 811
747 812
748 813
749 814
750 815
751 -
752 816
752.1 817
752.2 818
752.3 819
753 820
754 821
755 822
755.1 823
756 824
757 825
758 826
759 827
760 828
761 829
762 830
763 831
764 832
765 833
766 834
767 835
768 836
769 837
770 838
771 839
772 840
Part XXV Part XXVIII
773 841
Forms 1 and 2 Forms 1 and 2
Forms 3 Forms 3
_ _
_ _

1953 to 1970

1953-54, c. 51 R.S.C. 1970 c. C-34
1 same
2 same
3 same
4 same
5 same
5A(1) 6(1)
5A(1a) 6(2)
5A(2) 6(3)
5A(2a) 6(4)
5A(3) 6(5)
5A(4) 6(6)
6 7(1)
7(1) 7(2)
7(2) 7(3)
8 to 98 same
98A 99
98B 100
98C 101
98D 102
98E 103
98F 104
98G 105
98H 106
99 107
100 108
101 109
102 110
103 111
104 112
105 113
106 114
107 115
108 116
109 117
110 118
111 119
112 120
113 121
114 122
115 123
116 124
117 125
118 126
119 127
120 128
121 129
122 130
123 131
124 132
125 133
126 134
127 135
128 136
129 137
130 138
131 139
132 140
133 141
134 142
135 143
136 144
137 145
138 146
139 147
140 148
141 149
142 150
143 151
144 152
145 153
146 154
147 155
148 156
149 157
149A 158
150 159
150A 160
150B 161
151 162
152 163
153 164
154 165
155 166
156 167
157 168
158 169
159 170
160 171
161 172
162 173
163 174
164 175
165 176
166 177
167 178
168 179
169 180(1)
170 180(2)
171 181
172 182(1)
173 182(2)
174 183
175 184
176 185
177 186
177A 187
178 188
179(1) to (7) 189(1) to (7)
179(8)* 189(8)
179A 190
180 191
181 192
182 193
183 194
184 195
185 196
186 197
187 198
188 199
189 200
190 201
191 202
192 203
193 204
194 205
195 206
196 207
197 208
198 209
199 210
200 211
201 212
202 213
202A 214
203 215
204 216
205 217
206 218
207 219
208 220
209 221
210 222
1953-54, c. 51 R.S.C. 1970 c. C-34
211 223
212 224
213 225
214 226
215 227
216 228
217 229
218 230
219 231
220 232
221 233
222 234
223 235
224 236
224A 237
225 238
226 239
226A 240
227 241
228 242
229 243
230 244
231 245
232 246
233 247
234 248
235 249
236 250
237 251
238 252
239 253
240 254
241 255
242 256
243 257
244 258
245 259
246 260
247 261
248 262
249 263
250 264
251 265
252 266
253 267
254 268
255 269
256 270
257 271
258 272
259 273
260 274
261 275
262 276
263 277
264 278
265 279
266 280
267 281
267A 281.1
267B 281.2
267C 281.3
268 282
269 283
270 284
271 285
272 286
273 287
274 288
275 289
276 290
277 291
278 292
279 293
280 294
281 295
282 296
283 297
284 298
285 299
286 300
287 301
288 302
289 303
290 304
291 305
292 306
293 307
294 308
295 309
295A 310
295B 311
296 312
297 313
298 314
299 315
300 316
301 317
302 318
303 319
304 320
305 321
306 -
307 322
308 323
309 324
310 325
311 326
312 327
313 328
314 329
315 330
316 331
317 332
318 333
319 334
320 335
321 336
322 337
323 338
324 339
325 340
326 341
327 342
328 343
329 344
330 345
331 346
332 347
333 348
334 349
335 350
336 351
337 352
338 353
339 354
340 355
341 356
342 357
343 358
344 359
345 360
1953-54, c. 51 R.S.C. 1970 c. C-34
346 361
347 362
348 363
349 364
350 365
351 366
352 367
353 368
354 369
355 370
356 371
357 372
358 373
359 374
360 375
361 376
362 377
363 378
364 379
365 380
366 381
367 382
368 383
369 384
370 385
371 386
372 387
373 388
374 389
375 390
376 391
377 392
378 393
379 394
380 395
381 396
382 397
383 398
384 399
385 400
386 401
387 402
388 403
389 404
390 405
391 406
392 407
393 408
394 409
395 410
396 411
397 412
398 413
399 414
400 415
401 416
402 417
403 418
404 419
405 420
406 421
407 422
408 423
409 424
410 425
411 -
412 -
413(1) 426
413(2) 427
414 428
415 429
416 -
417 430
418 431
419 432
420 433
421 434
421A 435
422 436
423 437
424 438
425 439
426 440
427 441
428 442
429 443
430 444
431 445
432 446
433 447
434 448
435 449
436 450
437 451
438 452
439 453
440 454
441(1) to (3) 455(1) to (3)
441(4), (5) repealed
441(6) 455(4)
442 456
443 457
444 458
445 459
446 460
447 461
448 462
449 463
450 464
451 465
452 466
452A 467
453 468
454 469
455 470
456 471
457 472
458 473
459 474
460 475
460A 476
461 477
462 478
463 479
464 480
465 481
466 482
467 483
468 484
469 485
470 486
471 487
472 488
473 489
474 490
474A 491
475 492
475A 493
476 494
477 495
478 496
479 497
1953-54, c. 51 R.S.C. 1970 c. C-34
480 498
481 499
482 500
483 501
484 502
485 503
486 504
487 505
488 506
489 507
490 508
491 509
492 510
492A 511
493 512
494 513
495 514
496 515
497 516
498 517
499 518
500 519
501 520
502 521
503 522
504 523
505 524
506 525
507 526
508 527
509 528
510 529
511 530
512 531
513 532
514 533
515 534(*)
516 535
517 536
518 537
519 538(*)
520 539
521 540
522 541
523 542
524 543(*)
525 544
526 545
527 546
527A 547
528 548
529 549(*)
530 550
531 551
532 552
533 553
534 554
535 555
536 556
537 557
538 558
539 559
540 560
541 561
542 562
543 563
544 564
545 565
546 566
547 567
548 568
549 569
550 570
551 571
552 572
553 573
554 574
555 575
556 576
557 577
558 578(*)
559 579
560 580
561 581
562 582
563 583
564 584
565 585
566 586
567 587
568 588
569 589(*)
570 590
571 591
572 592
573 593
574 594
575 595
576 596
577 597
578 598
579 599
580 600
581 601
582 602
583 603
583A 604
584 605
585 606
586 607
587 608
588 609
589 610
590 611
591 612
592 613
593 614
594 615
595 616
596 617
597 618
597A 619
597B 620
598 621
599 622
600 623
601 624
602 625
603 626
604 627
605 628
606 629
607 630
608 631
609 632
610 633
611 634
611A 635
612 636
613 637
614 638
615 639
1953-54, c. 51 R.S.C. 1970 c. C-34
616 640
617 641
618 642
619 643
620 644
621 645
622 646
623(1) 647
623(2) -
623A 648
624 649
625 650
626 651(*)
627 652
628 653
629 654
630 655
631 656
632 657
633 658
634 659
635 660
636 661
637 662
638 663
639 664
640 665
640A 666
640B 667
641 668
642 669
642A 670
643 671
644 672
645 673
646 674
647 675
648 676
649 677
650 678
651 679
652 680
653 681
654 682
655 683
656 684
657 685
658 686
659 687
660 688(*)
661 689(*)
662 690
662A 691
663 692
664 -
665(1) -
665(2) 693
666 694
667 695(*)
668 696
669 697
670 698
671 699
672 700
673 701
674 702
675 703
676 704
677 705
678 706
679 707
680 708
681 709
682 710
683 711
684 712
685 713
686 714
687 715
688 716
689 717
690 718
691 719
692 720
693 721
694 722
695 723
696 724
697 725
698 726
699 727
700 728
701 729
702 730
703 731
704 732
705 733
706 734
707 735
708 736
709 737
710 738
711 739
712 740
713 741
714 742
715 743
716 744
717 745
718 746
719 747(*)
720 748
721 749
722 750(*)
723 751
724 752
725 753
726 754
727 755
728 756
729 757
730 758
731 759(*)
732 760
733 761
734 762
735 763
736 764
737 765
738 766
739 767
740 768
741 769
742 770
743 771
744 772
745 to 752 -
753 773
_ _
_ _
_ _
_ _


See Also

List of Criminal Code Amendments (2000 to 2009)

2005 to 2009

See also: List of Criminal Code Amendments
Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Truth in Sentencing Act 2009, c. 29 October 22, 2009 February 22, 2010 The act "specif[ies] the extent to which a court may take into account time spent in custody by an offender before sentencing". It adds s. 515(9.1). It replaces s. 719(3) and Form 21 in Part XXVIII. official text
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An Act to amend the Criminal Code (identity theft and related misconduct) 2009, c. 28 (Bill C-27) October 22, 2009 January 8, 2010 The changes to the Code "create offences of identity theft, trafficking in identity information and unlawful possession or trafficking in certain government-issued identity documents, to clarify and expand certain offences related to identity theft and identity fraud, to exempt certain persons from liability for certain forgery offences, and to allow for an order that the offender make restitution to a victim of identity theft or identity fraud for the expenses associated with rehabilitating their identity". It adds s. 56.1, 356 (3), 366(5), 368.1, and 368.2, 402.1, and 402.2. It also replaces s. 130, 342(3), 342(4), 342.01(1), 356(1), 368(1), 369, and 403. It amends s. 183 and 738(1). official text
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An Act to amend the Criminal Code (organized crime and protection of justice system participants) 2009, c. 22 June 23, 2009 October 2, 2009 The amendments to the Code "add to the sentencing provisions for murder so that any murder committed in connection with a criminal organization is first degree murder, regardless of whether it is planned and deliberate; to create offences of intentionally discharging a firearm while being reckless about endangering the life or safety of another person, of assaulting a peace officer with a weapon or causing bodily harm and of aggravated assault of a peace officer; and to extend the duration of a recognizance to up to two years for a person who it is suspected will commit a criminal organization offence, a terrorism offence or an intimidation offence under section 423.1 if they were previously convicted of such an offence, and to clarify that the recognizance may include conditions such as electronic monitoring, participation in a treatment program and a requirement to remain in a specified geographic area." It adds s. 2.1, 244.2, 270.01, 270.02, 718.02 replaces s. 84(1), (5)(b), 85(1), 231(6.01) to (6.2), 239(2)(b), 244(3)(b), 272(3)(b), 279(1.2)(b), 344(2)(b), 346(1.2)(b), 515(6)(a)(vii), 810.01(3), 810.01(5) to (5.2) and it amends s. 183, 487.04. official text
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Budget Implementation Act 2009, c. 2 March 12, 2009 On Royal Assent Consequential amendments to the Code relating to larger changes to the Competition Act. It amends s. 183 official text
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An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) 2008, c. 18 (Bill C-13) May 29, 2008 May 29, July 2, and October 1, 2008 "This enactment amends various provisions of the Criminal Code in relation to criminal procedure, language of the accused, sentencing and other matters." It adds s. 255(3.1), 259(2.1), 507.1(11), 530.01, 503.1(c.1), 530.2, 533.1, 537(1.01), 634(2.2), 683(7), 685(2), 695(2) and (3), 715(2.1), 720(2), 743.21. It replaces s. 4(7), 145(3), 164.2(1), 202(1)(i), 204(2), 259(1.1) to (1.4), 259(2)(a), 259(4), 351, 481.2, 487(2), (4), 487.03(1), (1.1), 490(17), 530(3), (5), (6), 530.1, 530.1(d) and (e), 531, 565(2) and (3), 568, 569 640(2) to (3), 676(1.1), 683(5) to (5.1), 701.1, 732.1(5) and (6), 734(5), 734.2, 742.3(3) and (4), 743.5(1), 743.5(3), 787(1), 803(2) and (3), Form 12. It repeals s. 117.13(4), (5), 487.055(6), 501(5), 509(3), 701(3), 729(4) and (5), 742.6(6) and (7). official text
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An Act to amend the Criminal Code (cruelty to animals) 2008, c. 12 (S-203) April 17, 2008 On Royal Assent The "enactment amends the Criminal Code to increase the maximum penalties for animal cruelty offences." It replaces s. 444, 445, 445.1, 446, 447, and 447.1. official text
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Tackling Violent Crime Act 2008, c. 6 (C-2)
SI/2008-34
February 28, 2008 May 1, 2008 (s. 1 to 17, 28 to 38, 57, 58)
July 2, 2008 (s. 18 to 27, 39 to 53, 55, 56, 59, and 60)
"This enactment amends the Criminal Code by... creating two new firearm offences and providing escalating mandatory sentences of imprisonment for serious firearm offences;... strengthening the bail provisions for those accused of serious offences involving firearms and other regulated weapons;... providing for more effective sentencing and monitoring of dangerous and high-risk offenders;...introducing a new regime for the detection and investigation of drug impaired driving and strengthening the penalties for impaired driving; and... raising the age of consent for sexual activity from 14 to 16 years." It adds s. 84(5), (6), 98.1, 150.1(6), 253(2), 254.1, 258.1, 272(3) and (4), 273(3) and (4), 279(1.2) and (1.3), 279.1(2.1) and (2.2), 344(2) and (3), 346(1.2) and (1.3), 752.01, 753.01, 753.02, 755, it replaces s. 85(1)(a), 85(3)(a), (b) and (c), 91(1), (2), 92(1), (2), 93(1), 94(1), 95(1), 95(2)(a), 98, 99(2), (3), 100(2), 103(2), 150.1(1) and (2), 172.1(1)(b) and (c), 239, 244, 254(2) to (6), 255(1)(a)(i) to (iii), 255(1)(c), 255(2) and (3), 256(5), 257(2), 259(1), 261, 272(2)(a), 273(2)(a) and (a.1), 279(1.1)(a) and (a.1), 279.1(1), 279.1(2)(a), 344(a), 346(1.1)(a), 515(10)(c), 662(6), 743.1(3.1), 752.1, 753.1(3), 753.2(2), 753.3(1), 753.4(1), 757, 759(1) to (5), 810.1(3), 810.2(3), 810.2(5) to (6), it amends s. 150.1(4), 151, 152, 153(2), 160(3), 161(1), 170(a) and (b), 171(a) and (b), 173(2), 183(a), 253(1), 254(1), 255(4), 258(1), 259(2), 273.3(1)(a) and (b), 348.1, 487.04, 490.011(1), 515(6), 752, 753, 753.2(1), 754(1), 810.1(1), (3)(a) and (b), it repeals 753(6), 753.1(4) and (5). official text
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An Act to amend the Criminal Code (unauthorized recording of a movie) 2007, c. 28 (Bill C-59) June 22, 2007 On Royal Assent "This enactment amends the Criminal Code to prohibit the unauthorized recording of a movie in a movie theatre (camcording)." It adds s. 432. official text
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An Act to amend certain Acts in relation to DNA identification 2007, c. 22 (Bill C-18) June 22, 2007 June 22, 2007 and Jan 1, 2008 This enactment amends the Criminal Code ... [amending] the provisions ... relating to orders for the taking of samples of bodily substances for forensic DNA analysis apply to persons who are sentenced ... allows an order to be made ... adds attempted murder and conspiracy to commit murder or to cause another person to be murdered to the offences covered by section 487.055 ... permits an application to be made ... when a person is still serving a sentence of imprisonment for one of the specified offences, rather than requiring that they be serving a sentence of imprisonment of two years or more for that offence;... in certain circumstances, allows ... [a person] to appear by closed-circuit television or a similar ... allows samples of bodily substances to be taken under the Criminal Code ... at the place, day and time set by an order or a summons or as soon as feasible afterwards;... specifies that it is an offence ... to fail to comply with such an order or summons.

It adds s. 487.055(1)(c.1), 487.055(3.01), 487.055(3.11), 487.0551, 487.0552, 487.056(4) to (6), 487.057(3). It replaces s. 487.04 [in part], 487.051, 487.054, 487.055(1)(d) and (e), 487.055(4), 487.056(1), 487.056(2) and (3), 487.057(1), 487.058, 487.06(1), 487.06(3), 487.07(1), 487.071(1), 487.071(2)(b), 487.08(1.1), 487.091(1)(a), 487.091(1)(b), 487.091(2) 487.091(3), 487.0911(1) to (3), 703(2), Forms 5.03 to 5.06, Form 5.07, Forms 5.08 and 5.09. It repeals s. 487.03(2), 487.055(7) to (10), Form 28.1.

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An Act to amend the Criminal Code (luring a child) 2007, c. 20 (Bill C-277) June 22, 2007 On Royal Assent "This enactment amends the Criminal Code to increase from five years to ten years the maximum punishment for an offence under section 172.1 (luring a child). It also specifies that, in the case of a summary conviction for this offence, the maximun [sic] punishment is eighteen months." It replaces s. 172.1(2)(a) and (b). official text
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An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption 2007, c. 13 (Bill C-48) May 31, 2007 On Royal Assent "This enactment makes technical amendments to the corruption and offence-related provisions of the Criminal Code to implement the United Nations Convention against Corruption." It amends s. 2, 118, 490.1(1), it replaces s. 119(1), 120, 121(1)(b) to (f), 123(1) and (2), 426(1)(a), 490.1(2), 490.1(3), 490.2(1) and (2), 490.4(3), 490.41(1). official text
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An Act to amend the Criminal Code (conditional sentence of imprisonment) 2007, c. 12 (Bill C-9) May 31, 2007 Dec 1, 2007 "This enactment amends section 742.1 of the Criminal Code to provide that a person convicted of a serious personal injury offence as defined in section 725 of that Act, a terrorism offence or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more is not eligible for a conditional sentence." It replaces s. 742.1. official text
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An Act to amend the Criminal Code (criminal interest rate) 2007, c. 9 (Bill C-26) May 3, 2007 On Royal Assent "This enactment amends the Criminal Code by exempting persons from the application of section 347 of that Act in respect of agreements for small, short-term loans. The exemption applies to persons who are licensed or otherwise authorized to enter into such agreements by designated provinces that have legislative measures that protect recipients of payday loans and that specify a limit on the total cost of those loans." It replaces s. 347(1). It adds s. 347.1. official text
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An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act 2007, c. 5 (Bill S-3) March 29, 2007 Sept 12, 2008 "It ... makes certain amendments to the Criminal Code and the Sex Offender Information Registration Act to enhance the administration and enforcement of the current registration scheme for sex offender information."

It adds s. 490.016(3), 490.017(2), 490.023(1.1), 490.027(3), 490.031(2), 490.0311 It replaces s. 490.011(1) [in part], 490.012, 490.012(1) to (3), 490.013(2)(a) to (c), 490.013(3) and (4), 490.013(5), 490.015, 490.016(1), 490.018(3)(b), 490.019 [header], 490.02(1), 490.02(2)(a) and (b), 490.02(2)(c), 490.021(2), 490.022(1)(a) and (b), 490.022(3)(a) and (b), 490.022(3)(c), 490.022(3)(d), 490.023(1), 490.025 and 490.026, 490.027(1), 490.028 and 490.029, 490.03(1)(a) and (b), 490.03(2) to (4), 490.031, Form 52, Form 53 It repeals s.

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An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act 2006, c. 14 (Bill C-19) December 14, 2006 On Royal Assent "This enactment amends the Criminal Code to create an offence of street racing based on dangerous driving and criminal negligence offences. This enactment increases, in street racing situations, the maximum punishments for some offences and also provides for minimum prohibitions on driving that increase on a second and subsequent offence." It amends s. 2, 260(1), 673, 785, it adds s. 249.2, 249.3, 249.4, 259(3.1) to (3.4), it replaces s. 259(5), 261(1) and (2). official text
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Federal Accountability Act 2006, c. 9 (C-2) December 12, 2006 March 1, 2007 It "amends the ... Criminal Code to create indictable offences for fraud with respect to public money or money of a Crown corporation, and makes persons convicted of those offences ineligible to be employed by the Crown or the corporation or to otherwise contract with the Crown." It replaces s. 750(3). official text
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An Act to amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act and to make consequential amendments to another Act 2005, c. 44 (Bill C-53) November 25, 2005 On Royal Assent "This enactment amends the Criminal Code ... to provide a reverse onus of proof in proceeds of crime applications involving offenders who have been convicted of a criminal organization offence or certain offences under the Controlled Drugs and Substances Act. The enactment provides that a court shall make an order of forfeiture against any property of an offender [where] the offender has engaged in a pattern of criminal activity or has an income unrelated to crime that cannot reasonably account for all of the offender’s property. The enactment also amends the Criminal Code to clarify the authority of the Attorney General of Canada in regards to proceeds of crime and to clarify the definition “designated offence” in regards to offences that may be prosecuted by indictment or on summary conviction. It also amends a provision of the Criminal Code to ensure the equivalency of the English and French versions."

It adds s. 462.37(2.01) to (2.07). It replaces s. 462.3 (1) [in part], 462.3(3), 462.32(1), 462.33(2)(c), 462.33(3), 462.33(5), 462.33(10)(c), 462.341, 462.37(3), 462.4(a), 462.41(1), 462.41(3) [in part], 462.42(1), 462.45, 462.46(1), 689(1).

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An Act to amend the Criminal Code (trafficking in persons) 2005, c. 43 (Bill C-49) November 25, 2005 On Royal Assent "This enactment amends the Criminal Code to ... create an offence of trafficking in persons that prohibits a person from engaging in specified acts for the purpose of exploiting or facilitating the exploitation of another person; ... create an offence that prohibits a person from receiving a financial or other material benefit that they know results from the commission of the offence of trafficking in persons; ... create an offence that prohibits concealing, removing, withholding or destroying travel documents or documents that establish or purport to establish another person’s identity or immigration status for the purpose of committing or facilitating the offence of trafficking in persons; and ... establish that a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that could reasonably be expected to cause the other person to believe that their safety or that of someone known to them would be threatened if they failed to do so or if, by means of deception or the use or threat of force or of any other form of coercion, they cause the other person to have an organ or tissue removed."

It adds s. 279.01, 279.02, 279.03, 279.04. It replaces s. 183 [in part], 279 [header], 486(1.1), 486(2.1), 486(3)(a)(i), 487.04 [in part], 490.011(1) [in part], 738(1)(b).

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An Act to amend the Criminal Code and the Cultural Property Export and Import Act 2005, c. 40 November 25, 2005 On Royal Assent "This enactment amends the Criminal Code to prohibit certain offences, including theft, robbery, mischief and arson against cultural property protected under the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict. Those amendments allow for the prosecution of such offences when committed outside Canada by Canadians."

It adds s. 7(2.01), (2.02), 430(4.2). It replaces s. 2 [in part].

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Canada Border Services Agency Act 2005, c. 38 (C-26) November 3, 2005 December 12, 2005 Incidental amendments in creating the Canada Border Services Agency. It amends s. 2. official text
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An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act 2005, c. 32 (Bill C-2) July 20, 2005 November 1, 2005 (s. 1 to 12, 24, 25) and January 2, 2006 (s.13 to 23, 26 to 27.1) "This enactment amends the Criminal Code to ... amend the child pornography provisions with respect to the type of written and audio material that constitutes child pornography, and with respect to the child pornography offences, defences and penalties; ... add a new category to the offence of sexual exploitation of young persons and make additional amendments to further protect children from sexual exploitation;... increase the maximum penalty for child sexual offences, for failing to provide the necessaries of life and for abandoning a child;... make child abuse an aggravating factor for the purpose of sentencing and direct the courts to give primary consideration to the objectives of denunciation and deterrence in sentencing for offences involving abuse of a child; ... amend and clarify the applicable test and criteria that need to be met for the use of testimonial aids, for excluding the public, for imposing a publication ban, for using video-recorded evidence or for appointing counsel for self-represented accused to conduct a cross-examination of certain witnesses; and ... create an offence of voyeurism and the distribution of voyeuristic material." It adds s. 153(1.1), (1.2), 161(1.1), 162, 163.1(4.3), 486.1, 486.2, 486.3, 486.4, 486.5, 486.6, 718. It replaces s. 127, 150.1(2) and (3), 151, 152, 153(1), 161(1), 163.1(1) to (4), (4.1), (6), (7), 164(1), (3) to (5), (7), (8) [definition], 164.1(1), (5), (7), 170, 171, 183 [definition], 212(2), (4), 215(3), 218, 276.3, 278.9(1), 486, 487.2(1), 539(1), 542(2), 631(6), 648(1), 672.51(11), 715.1, 715.2, 718.2(a)(ii). It repeals s. 487.2(2), 539(4), 542(3), 648(3). official text
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An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act 2005, c. 25 May 19, 2005 On Royal Assent and January 1, 2008

It adds s. 487.051(4), 487.055(3)(a.1), 487.055(3)(b)(iv) to (vi), 487.0561, 487.0911. It replaces s. 487.04 [in part], 487.051(1) to (3), 487.052 and 487.053, 487.055(1), 487.056(1), 487.071, 487.08(1.1), 487.08(4), 487.091(1) and (2), Forms 5.03 to 5.06, Forms 5.08 and 5.09. It repeals s. 487.08(2.1).

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An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts 2005, c. 22 (Bill C-10) May 19, 2005 On Royal Assent "This enactment amends Part XX.1 of the Criminal Code governing persons found unfit to stand trial or not criminally responsible on account of mental disorder. The amendments, among other things, include ... repealing unproclaimed provisions related to capping, dangerous mentally disordered accused and hospital orders; ... expanding the authority of Review Boards by enabling them to order an assessment of the accused, adjourn hearings and protect the identity of victims and witnesses; ... permitting the oral presentation of victim impact statements at disposition hearings and adjournments allowing the victim to prepare the statement; ... permitting Review Boards to extend the time for holding a review hearing to a maximum of 24 months in certain circumstances; ... permitting the court to hold an inquiry and order a judicial stay of proceedings for an accused found unfit to stand trial, if the accused is not likely to ever be fit to stand trial and does not pose a significant risk to the safety of the public and a stay is in the interests of the proper administration of justice; ... specifying that the transfer provisions require the consent of the appropriate Attorneys General in all cases and enabling transfers of an accused who is not in custody; and ... allowing peace officers arresting an accused who is in contravention of an assessment order or a disposition to release, detain, compel the appearance of or deliver the accused to a place specified in the order." It added s. 672.1(2), 672.121, 672.16(1.1), (1.2), 672.33(1.1), 672.45(1.1), 672.47(3), 672.5(5.1), 672.5(13.2), 672.5(15.1), (15.2), (15.3), 672.501, 672.85 [header], 672.851, 672.852. It replaced s. 672.1 [renumbered], 672.1(1) [in part], 672.11(e), 672.13(2), 672.14(3), 672.15(1), 672.16(1), 672.16(2), 672.16(3), 672.17, 672.191, 672.2(2), 672.2(4), 672.5(8), 672.5(16), 672.51(11), 672.52(2), 672.54, 672.541, 672.63, 672.67(2), 672.81(2), 672.82(1), 672.85, 672.85(b), 672.86(1)(b), 672.86(3), 672.91 to 672.94, 673 [definition], Form 48.

It repealed s. 672.21(3)(c), 672.55(2), 672.64 to 672.66, 672.79, 672.8, 672.83(2), 672.84, schedule to Part XX.1, 747 [header], 747 to 747.8, Form 51.

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Department of Public Safety and Emergency Preparedness Act 2005, c. 10 March 23, 2005 April 4, 2005

It replaces s. 83.05(1.1) to (4), 83.05(6)(a), 83.05(7) to (10), 83.06(1) and (2), 83.07, 83.09(1) and (2), 185(1), 186(6), 187(2), 196(1) and (2).

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2000 to 2004

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety 2004, c. 15 (C–7) May 6, 2004 Dec 1, 2004 The Act "adds a new offence to the Criminal Code for communicating information or committing any act that is likely to lead others to falsely believe that terrorist activity is occurring, with the intention of causing persons to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property." It adds s. 83.231. official text
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An Act to amend the Criminal Code (hate propaganda) 2004, c. 14 (Bill C-250) 6 May 2004 ? CanLII text
An Act to amend the Criminal Code and other Acts 2004, c. 12 (Bill C–14) April 22, 2004 April 22, 2004 and Oct 1, 2004 The Act "amends the Criminal Code by... establishing more serious offences for placing, or knowingly permitting to remain in a place, a trap, device or other thing that is likely to cause death or bodily harm to a person;... permitting the use of as much force as is reasonably necessary on board an aircraft to prevent the commission of an offence that would be likely to cause immediate and serious injury to the aircraft or to any person or property in the aircraft;... modifying the provision dealing with the provision of information on oath in relation to weapons; and... creating an exemption to the offence of intercepting private communications in order to protect computer systems." It replaces s. 7(8), 117.04, 247, 462.43(1)(c), 536(4), (4.1), 536.1(3), (4), 729(1)(b), 732.2(1)(c), 741(1), 742.2(2), 742.6(10), (12), (14) to (16), 742.6(17), 742.7(1), (4). It modifies s. 184(2), 193(2). It adds s. 27.1, 184(3) and Form 46. official text
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An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts 2004, c. 10 (Bill C–16) April 1, 2004 Dec 15, 2004 "The enactment amends the Criminal Code to enable the Crown to apply for an order to require an offender who is convicted of, or found not criminally responsible on account of a mental disorder for, certain offences to report regularly to a designated registration centre and provide information. It creates a new Criminal Code offence for failure to comply with the order, as well as an offence for providing false or misleading information."

It adds s. 490.011, 490.012, 490.013, 490.014, 490.015, 490.016, 490.017, 490.018, 490.019, 490.02, 490.021, 490.022, 490.023, 490.024, 490.025, 490.026, 490.027, 490.028, 490.029, 490.03, 490.031, 490.032, Form 52 [in part]

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An Act to amend the Criminal Code (capital markets fraud and evidence-gathering) 2004, c. 3 (Bill C–13) March 29, 2004 Sept 15, 2004 (s. 2 to 8) and Sept 15, 2005 (s. 1) "This enactment amends the Criminal Code by creating a new offence of prohibited insider trading and creating a new offence to prohibit threatening or retaliating against employees for disclosing unlawful conduct. The enactment increases the maximum penalties and codifies aggravating and non-mitigating sentencing factors for fraud and certain related offences and provides for concurrent jurisdiction for the Attorney General of Canada to prosecute those offences. The enactment also creates a new procedural mechanism by which persons will be required to produce documents, data or information in specific circumstances." It amends s. 2, 382. It replaces s. 380(1)(a), 380(2), 487.3(1), 487.3(4). It adds s. 380.1, 382.1, 425.1, 487.011 to 487.017. official text
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An Act to amend the Criminal Code (criminal liability of organizations) 2003, c. 21 (Bill C-45) November 7, 2003 March 31, 2004 (all except s. 556), June 1,2004 "This enactment amends the Criminal Code to ... establish rules for attributing to organizations, including corporations, criminal liability for the acts of their representatives; ... establish a legal duty for all persons directing work to take reasonable steps to ensure the safety of workers and the public; ... set out factors for courts to consider when sentencing an organization; and ... provide optional conditions of probation that a court may impose on an organization." Also known as the "Westray Bill", it created legal duties to employers for workplace safety. It amends s. 2, 362(1)(c), 620 to 623, 732.1(1), 734(1), 735(1), it added s. 22.1, 22.2, and 217.1, 718.21, 732.1(3) to (3.2), replaces s. 328(e), 362(1)(d), 462.38(3)(b), 538, 556, 570(5), 650(1), 703.2, 721(1), 727(4), 730(1), 735(1)(b), 735(2), 800(3), 556, it repealed s. 391. official text
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An Act to amend the Criminal Code (firearms) and the Firearms Act 2003, c. 8 (Bill C-10A) May 13, 2003 May 30, 2003 and August 15, 2003 "This enactment amends the Criminal Code and the Firearms Act in order to simplify compliance with the firearms program, to modernize administrative procedures and to meet Canada’s emerging international obligations by ... in Part III of the Criminal Code, ... modernizing the description of firearms that are deemed not to be firearms for the purpose of the Firearms Act and certain provisions of the Criminal Code, ... providing that there is no forfeiture of goods that are the subject of a prohibition order made under section 515 of the Criminal Code, and ... providing that an authorization, licence or registration certificate for firearms be revoked or amended only for the period that a prohibition order made under that section is in force;"

It adds s. 84(1) [definition], 115(1.1). It replaces s. 84(3)(d)(i) and (ii), 85(1)(a), 109(1)(c), 116, 117.07(2)(h), 515(4.1)(c).

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Excise Act, 2001 2002, c. 22 June 13, 2002 On Royal Assent and July 1, 2003 Consequential amendments to the Code in enacting the Excise Act (partially repealed at a later date)

It replaces s. 2 [definitions], 78(2), 183 [definitions], 462.3(b.1) [definitions].

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Criminal Law Amendment Act, 2001 2002, c. 13 (Bill C-15A) June 4, 2002 July 23, 2003 (s. 79), June 1, 2004 (s. 24 to 46, 48, 59 and 72) "This enactment amends the Criminal Code by ... adding offences and other measures that provide additional protection to children from sexual exploitation, including sexual exploitation involving use of the Internet; ... increasing the maximum penalty for criminal harassment; ... making home invasions an aggravating circumstance for sentencing purposes; ... creating an offence of disarming, or attempting to disarm, a peace officer; ... codifying and clarifying the review process for applications to the Minister of Justice with respect to allegations of miscarriage of justice; and ... reforming and modernizing criminal procedure with respect to ... procedural aspects of preliminary inquiries, ... the disclosure of expert evidence, ... rules of court in relation to case management and preliminary inquiries, ... electronic documents and remote appearances, ... a plea comprehension inquiry scheme, ... private prosecutions, ... the selection of alternate jurors, and ... restriction on the use of agents."

It added s. 3.1, 163.1(4.1) and (4.2), 164.1, 164.2, 164.3, 172.1, 270.1, 348.1, 482.1, 507.1, 536.2 to 536.5, 537(1)(j.1), 537(1.1), 540(7) to (9), 579.01, 606(1.1), (1.2) and (5), 626.1, 631(2.1), 634(2.1), 642.1, 650.01, 650.02, 657.3(3) to (7), 683(2.1) and (2.2), 688(2.1), 696.1 to 696.6, 715(4), 774.1, 802.1. It replaced s. 7(2.31)(b), 7(4.2) and (4.3), 161(1), 163.1(3), (6), and (7), 164(4), 264(3)(a), 274, 275, 276(1), 277, 482(2), 482(3)(c), 485(1.1), 485(2.1), 507(1), 529.1(b), 535, 536(2), 536(4), 536.1(2) to (5), 537(1)(i), 540(1)(a), 549(1.1) and (2), 554(2), 555(3)(a), 555.1(3) and (4), 556(2)(b), 556(3) and (4), 557, 560(1), 561(2), 561.1(1) to (3), 561.1(5) to (7), 562.1(1) and (2), 563.1(1), 565(2), 566.1(1) and (2), 567 to 568, 569(1), 574, 577, 598(2), 625.1(2), 631(3), (4), and (5), 632(b), 634(2), 641(1), 642(1), 643(1) and (1.1), 646, 650(1), 673 [in part], 676(5), 679(7), 689(1), 731.1, 734.3, 742.2, 753.1(2)(a), 785 [in part], 810.01(2) and (6), 810.1(1) to (4), 810.2(2) and (7), 822(4), 841 to 849, Form 7.1, (b), Form 11.1, (a). It repeals s. 214 [in part], 690.

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Yukon Act 2002, c. 7 April 1, 2003 March 27, 2002 The Act intends to "replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts". It amends s. 2, 552, schedule to Part XXV, it replaces s. 8(1)(a), 164(8)(d), 188(4)(f), 287(6)(e), 320(8)(d), 493(e), 533, 745.6(3)(f), 745.64(2), 812(1)(h), and 814(4). official text
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Youth Criminal Justice Act 2002, c. 1 (Bill C-7) February 19, 2002 April 1, 2003

It replaces s. 487.04 [definitions], 487.051(1), 487.052(1), 487.053(b), 487.056(1), 487.071(1)(a) and (b), 667(1), 718.3(4), 721(3)(b), 743.4 and 743.5, Form 5.03, Form 5.04.

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Anti-terrorism Act 2001, c. 41 (Bill C-36) December 18, 2001 December 18, 2001, Dec 24, 2001, January 7, 2002, February 1, 2002, June 28, 2002, and July 2, 2003 It "amends the Criminal Code to implement international conventions related to terrorism, to create offences related to terrorism, including the financing of terrorism and the participation, facilitation and carrying out of terrorist activities, and to provide a means by which property belonging to terrorist groups, or property linked to terrorist activities, can be seized, restrained and forfeited. It also provides for the deletion of hate propaganda from public web sites and creates an offence relating to damage to property associated with religious worship."

It adds s. 83.01, 83.02, 83.03, 83.04, 83.05, 83.06, 83.07, 83.08, 83.09, 83.1, 83.11, 83.12, 83.13, 83.14, 83.15, 83.16, 83.17, 83.18, 83.19, 83.2, 83.21, 83.22, 83.23, 83.24, 83.25, 83.26, 83.27, 83.28, 83.29, 83.3, 83.32, 83.33, 231(6.01), 320.1, 424.1, 430(4.1), 431.1, 431.2, 462.48(1)(d), 486(2.101), (2.102), (2.11), (2.2), (4.11), 490.1(1.1), 515(4.3), 515(6)(a)(iii) to (v), 718.2(a)(v), 743.6(1.2) It replaces s. 2 [definitions], 7(3), 7(3.71) to (3.75), 7(7), 7(10), 183, 185(1.1), 186(1.1), 186.1, 196(5), 424, 431, 462.3 [in part], 486(2.11) and (2.2), 486(4.1), 486(4.7)(b) to (e), 486(4.9)(c), 487.04(a)(i) [in part], 515(4.1), 515(4.2), 810.01(1), 810.01(3), 811[in part].

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An Act to amend the Criminal Code (alcohol ignition interlock device programs) 2001, c. 37 (Bill C-46) December 18, 2001 Dec 18, 2001 "This enactment amends the Criminal Code to allow the court to authorize repeat offenders subject to driving prohibition orders to drive, if they register in a provincial alcohol ignition interlock device program. The enactment provides that no authorization has effect until a minimum period of prohibition has been completed of 3, 6 or 12 months for a first, second or subsequent offence, respectively." It adds s. 259(1.1) to (1.4) official text
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An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts 2001, c. 32 (Bill C-24) December 18, 2001 Jan 7, 2002 and Feb 1, 2002 "The enactment amends the Criminal Code by ... providing additional protection to members of the Senate and the House of Commons and persons who play a role in the administration of criminal justice from certain acts of intimidation directed against them or their families; ... providing law enforcement officers and other persons acting at their direction with circumscribed protection from criminal liability for certain otherwise illegal acts committed in the course of an investigation or enforcement of an Act of Parliament; ... extending the application of its proceeds of crime provisions to indictable offences under the Criminal Code and other Acts of Parliament, with a few exceptions; ... extending the application of its provisions relating to offence-related property to indictable offences under the Criminal Code; ... providing for the management, by judicial order, of proceeds of crime and offence-related property, whether seized or restrained; and ... providing broader measures for investigation and prosecution in connection with organized crime by expanding the concepts of criminal organization and criminal organization offence and by creating three new offences relating to participation in the activities — legal and illegal — of criminal organizations, and to the actions of their leaders." It requires a review of s. 25.1 tto 25.4 after 3 years. It adds s. 25.1, 25.2, 25.3, 25.4, 231(6.2), 423.1, 462.3(1) ["proceeds of crime"], 462.3(1) [definitions], 462.3(2) to (4), 462.32(4.1), 462.331, 462.38(2.1), 462.43(2), 467.11, 467.12, 467.13, 467.14, 486(1.5), 486(2.101), 490.2(4.1), 490.41, 490.81, 515(4.1)(b.1), 743.6(1.2). It replaces s. 2 [definitions], 183 [definitions], 185(1.1), 186(1.1), 186.1, 196(5), 423(1), 462.3 [number change], 462.31(1)(a) and (b), 462.32(1), 462.33(3), 462.33(3.1), 462.33(7), 462.34(6)(a)(i), 462.34(6)(b), 462.36, 462.37(1) and (2), 462.38(1), 462.38(2)(b), 462.38(3), 462.39, 462.41(2)(c), 462.41(3)(a), 462.42(1)(a), 462.42(4), 462.47, 462.48(1), 462.48(2), 462.48(2)(d), 462.48(3), 467.1, 467.2, 486(2.11) and (2.2), 486(4.1), 486(4.7)(b) to (e), 486(4.9)(c), 490.1(1), 490.1(2) and (3), 490.2(1) and (2), 490.2(3), 490.4(2)(c), 490.4(3)(a), 490.5(1)(a) and (b), 490.5(4)(a), 490.8(2)(a), 490.8(3), 490.8(8)(a), 515(4.2), 515(6)(a)(ii), 631(3) to (5), 632, 633, 641, 643(1) and (2), 645(5), 743.6(1.1), 810.01(1) and (3),

It repeals s. 462.3(1) [definitions].

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Immigration and Refugee Protection Act 2001, c. 27 November 1, 2001 June 28, 2002 (partially repealed) Incidental amendments to the Criminal Code in creating the IRPA. It amends s. 462.3, it replaces s. 477.1(a)(ii). official text
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Canada Shipping Act, 2001 2001, c. 26 November 1, 2001 July 1, 2001 Incidental amendments to the Criminal Code when introducing the Canada Shipping Act. It repeals s. 44. official text
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An Act to amend the Criminal Code (impaired driving causing death and other matters) 2000, c. 25 (Bill C-18) June 29, 2000 March 15, 2001 It replaces s. 255(3), 256(1). It repeals s. 553(c)(vii). final bill text
Crimes Against Humanity and War Crimes Act 2000, c. 24 (Bill C-19) June 29, 2000 October 23, 2000 It repeals s. 7(3.71) to (3.77). It modifies s. 183, 469, 745. It replaces s. 607(6). final bill text
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Proceeds of Crime (Money Laundering) Act 2000, c. 17 (Bill C-22) June 29, 2000 Oct 28, 2001 Minor incidental amendments to Code relating to Proceeds of Crime Act It replaces s. 488.1(11). final bill text
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An Act to amend The National Defence Act, the DNA Identification Act, and the Criminal Code 2000, c. 10 (Bill S-10) June 29, 2000 June 30, 2000 This Act makes amendments to the Code to "extend the prohibition against unauthorized use of bodily substances and the results of forensic DNA analysis to include those obtained under the National Defence Act." It also "amendments to the Criminal Code clarify and strengthen the existing regime concerning the taking of bodily substances for the purpose of forensic DNA analysis." It modifies s. 487.03, 487.057(1), 487.06, replaces s. 487.053, 487.055(2), 487.055(3.1), 487.056(2), (3), 487.058, 487.07 (1), (3), 487.071(1), 487.08(1), (1.1), (2), (2.1), and 487.091(3). It adds FORM 28.1. final bill text
An Act to amend the Criminal Code (flight) 2000, c. 2 (Bill C-202) March 30, 2000 March 30, 2000 It adds s. 249.1, and replaces s. 259(2), 622(5). final bill text
An Act to amend the Criminal Records Act and to amend another Act in consequence 2000, c. 1 (Bill C-7) March 30, 2000 August 1, 2000 This act makes minor amendments to the Code. It replaces s. 750(4). final bill text

See Also

List of Criminal Code Amendments (2010 to 2019)

2010 to 2019

See also: List of Criminal Code Amendments

2019, c. 25

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts 2019, c. 25 (Bill C-75) June 21, 2019 [1] On Royal Assent: s. 278, 301, 314.
90 days after RA (Sept 19, 2019): 1(1), (2), 2, 3, 4(1), 6 to 23, 25 to 29, 33 to 46, 48 to 50 and 52, 55(2), 56 to 59, 61, 63, 64 to 69, 70 to 72, 74 to 76, 79 to 88, 90, 92 to 97, 103 to 110, 112 to 156, 157(1), 158 to 181 and 183 to 186, 187(2), 188, 191 to 201, 203 to 208 and 216, 225(2), 237 to 244, 245(1) to (3), 246, 247, 250, 251, 252 and 253, 254(1), (4), (5) and 255(1), (2), (4) and (5), 256 to 259, 260(1), 261 to 263, 265, 267 to 275, 277, 281(1), (2), 282 to 286, 289 to 294, 298, 299, 302, 305 to 307, 315 to 319, 321, 322, 329 to 333, 334(1), (2), 336(1), 338 to 344, 345(1), 346, 347, 348(1) and (2) and 349(1) and (2), 350 to 353, 370(1) and 376 to 379, 382, 385, 399 and 400.‍1
180 days after RA: (Dec 18th) s. 1(3), 5, 24, 30 to 32, 47 and 91, 157(2), 182, 187(1), 209 to 215, 217 to 224, 225(1), (3) to (7), 226 to 236, 245(4), 248, 249, 254(2), (3), 255(3) and 260(2), 264, 266, 276, 279 and 280, 281(3) and (4), 287, 288, 295, 296, 297, 300, 303, 304, 308 to 313, 323 to 328, 334(3), 335, 336(2), 337, 345(2), 348(3), 349(3), 361 to 369, 370(2), 371 to 375, 380, 381, 387 to 393, 396 to 398 and 400
Makes changes on various parts of the code, including bail, jury selection, intimate partner violence, victim fine surcharge, warrants, administration of justices offences, limitations on preliminary inquiries, increase maximum penalties, remove unconstitutional offences, and numerous changes to YCJA.

s. 1(1), (2), (3), 2, 3, 4(1), 5, 6 to 29, 30 to 46 to 50 and 52, 55(2), 56 to 59, 61, 63, 64 to 69, 70 to 72, 74 to 76, 79 to 88, 90 to 97, 103 to 110, 112 to 156, 157(1), 158 to 181 and 183 to 186, 187(2), 188, 191 to 201, 203 to 208 and 216, 225(2), 237 to 244, 245(1) to (3), 246, 247, 250, 251, 252 and 253, 254(1), (4), (5) and 255(1), (2), (4) and (5), 256 to 259, 260(1), 261 to 263, 264, 265 to 280, 281(1), (2), 282 to 286, 289 to 294, 298, 299, 302, 305 to 307, 315 to 319, 321, 322, 329 to 333, 334(1), (2), 336(1), 338 to 344, 345(1), 346, 347, 348(1) and (2) and 349(1) and (2), 350 to 353, 370(1) and 376 to 379, 382, 385 to 398, 399, 400, and 400.‍1. 157(2), 182, 187(1), 209 to 215, 217 to 224, 225(1), (3) to (7), 226 to 236, 245(4), 248, 249, 254(2), (3), 255(3) and 260(2), 281(3) and (4), 287, 288, 295, 296, 297, 300, 301, 303, 304, 308 to 313, 314, 323 to 328, 334(3), 335, 336(2), 337, 345(2), 348(3), 349(3), 361 to 369, 370(2), 371 to 375, 380, 381, 387 to 393.

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2019, c. 17

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (bestiality and animal fighting) 2019, c. 17 (Bill C-84) June 21, 2019 On Royal Assent " enactment amends the Criminal Code to... define “bestiality”... expand the scope of the offence of encouraging, aiding or assisting at the fighting or baiting of animals or birds so that the offence...includes promoting, arranging, receiving money for or taking part in the fighting or baiting of animals or birds, and... also applies with respect to the training, transporting or breeding of animals or birds for fighting or baiting; and... expand the scope of the offence of building, making, maintaining or keeping a cockpit so that the offence applies with respect to any arena for animal fighting." s. 160, 445.1, and 447. draft text
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2019, c. 14

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Fisheries Act and other Acts in consequence 2019, c. 14 June 21, 2019 CanLII text

2019, c. 13

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
National Security Act, 2017 2019, c. 13 June 21, 2019 CanLII text

2019, c. 11

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) 2019, c. 11 (S-203) June 21, 2019

2019, c. 9

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend certain Acts and Regulations in relation to firearms 2019, c. 9 (Bill C-71) June 21, 2019 ? Open Parliament status
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2018, c. 26

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) 2018, c. 26 (Bill C-47) December 13, 2018 September 1, 2019
(SI/ 2019-0041)
"The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183." (second reading) s. 183. draft text
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2018, c. 21

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts 2018, c. 21 (Bill C-46) June 21, 2018 June 21, 2018 (s. 1 to 11)
December 18, 2018 (s. 12 to 50)
Part 1 amends the provisions of the Criminal Code that deal with offences and procedures relating to drug-impaired driving. Among other things, the amendments ... enact new criminal offences for driving with a blood drug concentration that is equal to or higher than the permitted concentration; ... authorize the Governor in Council to establish blood drug concentrations; and ... authorize peace officers who suspect a driver has a drug in their body to demand that the driver provide a sample of a bodily substance for analysis by drug screening equipment that is approved by the Attorney General of Canada. Part 2 repeals the provisions of the Criminal Code that deal with offences and procedures relating to conveyances, including those provisions enacted by Part 1, and replaces them with provisions in a new Part of the Criminal Code that, among other things, ... re-enact and modernize offences and procedures relating to conveyances; ... authorize mandatory roadside screening for alcohol;... establish the requirements to prove a person’s blood alcohol concentration; and... increase certain maximum penalties and certain minimum fines. s. 253(3), (4), 253.1 254(2), 255 to 259, 230.11 to 320.4, 335(2), 461(3), 487.04, 487.1(1),(5),(7),(8), 662(5), 673, 680(1), 729.1(2),(3), 752, 785, 811.1(2), Form 5.04, 5.1, 5.2. official text
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2018, c. 29

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act 2018, c. 29 (Bill C-51) December 13, 2018 On Royal Assent except for s. 73 and 75 that are on the first anniversary of Royal Assent "This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of the complainant’s or a witness’s record when in the possession of the accused." It removes s. 49, 71, 125(d) and after, 143, 145 [parts], 163(2)(c), (d), (7), 164(8), 165, 198, 276.‍1 to 276.‍5, 279(3), 279.1(3), 288, 296, 359, 360, 365, 370, 371, 402, 413, 419 after (d), 427, 451, 459 after (c), 469(a)(ii), 794(2).
It replaces s. 55, 57(3), 82, 108(1), 125, 145(2), (3), (4), (5), 153.1(3), 153.1(5)(a), 153.1(5)(b), 163(1), 163(2), 164(3) to (5), 176 to 178, 183 [parts], 207(4)(c), 215(2), 273.1(2), 273.2(a), (c), 276(2), 278.1, 278.3(5), 294, 299(c), 327(1), 342.2(1), 349, 350(b)(ii), 351(1), 352, 354(2), 376, 402.2, 405, 417, 419, 429(2), 445(1)(a),(b), 447.1(1), 450, 451, 452, 454, 458, 459, 517(2), 581(4), 584(1), 601(9), 719(3.1), 743.21(2), parts of Forms 6, 9 to 11, 11.1, 12.
It adds s. 207(4.01), 276(2)(c), 276(4), 278.92 to 278.97
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2018, c. 16

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (Cannabis Act) 2018, c. 16 (Bill C-45) June 21, 2018 On Royal Assent (s. 160.1, 161, 188 to 193, 194, 199 to 202, 206, and 225)
October 16, 2018 (remainder)
SI/2018-52
"...it repeals Part XII.1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act." It replaces s. 25.1(14), 462.331(1), 462.37(2.02)*, 462.341, 462.341, 490.81(1), 729(2), 737(1). It modifies s. 109(1), 110(1)(a), 183, 462.37(2.02), 553(c), 673, 785, Form 5.04. It adds 487.04(a.1), 515(4.1)(b.2). It repeals Part XII.1. [first reading version] official text
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2018, c. 12

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Budget Implementation Act, 2018, No. 1 2018, c. 12 June 21, 2018 September 19, 2018 (s. 403 to 405)
October 17, 2018 (s. 114)
Makes minor changes to list of wiretap eligible offences under s. 183. Amends s. 2.2(1). Adds Part XXII.1 to the Code re "Remediation Agreements" official text
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2018, c. 11

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Expungement of Historically Unjust Convictions Act 2018 c. 11 (Bill C-66) June 21, 2018 June 21, 2018 official text
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2017, c. 27

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Preclearance Act 2017, c. 27 (Bill C-23) December 12, 2017 2019? s. 117.071 and 579.001. official text
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2017, c. 23

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (mischief) 2017, c. 23 (Bill C-305) December 12, 2017 On Royal Assent "This enactment amends the Criminal Code to add to the offence of mischief relating to religious property the act of mischief in relation to property that is used for educational purposes, for administrative, social, cultural or sports activities or events or as a residence for seniors." Replaces s. 430(4.1). Adds s. 430(4.‍101) official text
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2017, c. 22

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources) 2017, c. 22 (Bill S-231) October 18, 2017 On Royal Assent "The enactment ... amends the Criminal Code so that only a judge of a superior court of criminal jurisdiction or a judge within the meaning of section 552 of that Act may issue a search warrant relating to a journalist. It also provides that a search warrant can be issued only if the judge is satisfied that there is no other way by which the desired information can reasonably be obtained and that the public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in the collection and dissemination of information. The judge must also be satisfied that these same conditions apply before an officer can examine, reproduce or make copies of a document obtained under a search warrant relating to a journalist." It adds s. 488.01. official text
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2017, c. 7

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts 2017, c. 7 (Bill C-37) May 18, 2017 On Royal Assent "It... makes ... amendments to the Criminal Code and the Seized Property Management Act" related to CDSA amendments. It replaces s. 83.13(4)(a), (b), 83.13(5), (6), (7) to (9), 462.331(3)(a), (b), 462.331(4),(5), (6(a), (b), (7), (8), 462.37(1), (2), 462.38(2)(b), 462.41(2), 490.1(1), (2), (4)(a),(b), 490.4(2) 490.41(2)(a),(b), 490.81(3)(a),(b), (4), (5), 490.81(6)(a),(b), 490.81(7), (8). It adds s. 83.13(4)(c), 83.13(8.1), (9.1), 462.331(7.1), (8.1), 490.81(7.1), (8.1). official text
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2017, c. 13

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Canadian Human Rights Act and the Criminal Code 2017, c. 13 (Bill C-16) June 19, 2017 On Royal Assent This amendment to the Code aims to "extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression and to clearly set out that evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance that a court must take into consideration when it imposes a sentence." It replaces s. 318(4) and 718.2(a)(i) official text
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2017, c. 33

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Budget Implementation Act, 2017, No. 2 2017, c. 33 s. 188 official text

2016, c. 3

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) 2016, c. 3 (Bill C-14) June 17, 2016 s. 4 and 5 of the Act [relates to s. 241.‍31 and 241.4(2) of Code] is in force on June 17, 2017 The amendment amends the Criminal Code to, "...create exemptions from the offences of culpable homicide, of aiding suicide and of administering a noxious thing, in order to permit medical practitioners and nurse practitioners to provide medical assistance in dying and to permit pharmacists and other persons to assist in the process;...specify the eligibility criteria and the safeguards that must be respected before medical assistance in dying may be provided to a person; ...require that medical practitioners and nurse practitioners who receive requests for, and pharmacists who dispense substances in connection with the provision of, medical assist­ance in dying provide information for the purpose of permitting the monitoring of medical assistance in dying, and authorize the Minister of Health to make regulations respecting that information; and ... create new offences for failing to comply with the safeguards, for forging or destroying documents related to medical assistance in dying, for failing to provide the required information and for contravening the regulations." It replaces s. 14, 241, 241.1, 241.2, 241.3, 241.4, 241.‍31 adds s. 227, and modifies s. 241.4(2), 245 official text
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2015, c. 34

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (law enforcement animals, military animals and service animals) 2015, c. 34 (Bill C-35) June 23, 2015 On Royal Assent "This enactment amends the Criminal Code to better protect law enforcement animals, military animals and service animals and to ensure that offenders who harm those animals or assault peace officers are held fully accountable." It adds s. 270.03, 445.01 and 718.03 official text
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2015, c. 29

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Zero Tolerance for Barbaric Cultural Practices Act 2015, c. 29 (Bill S-7) June 18, 2015 July 16, 2015 [PC No. 2015-1073] Amends Criminal Code to "clarify that it is an offence for an officiant to knowingly solemnize a marriage in contravention of federal law; provide that it is an offence to celebrate, aid or participate in a marriage rite or ceremony knowing that one of the persons being married is doing so against their will or is under the age of 16 years; provide that it is an offence to remove a child from Canada with the intention that an act be committed outside Canada that, if it were committed in Canada, would constitute the offence of celebrating, aiding or participating in a marriage rite or ceremony knowing that the child is doing so against their will or is under the age of 16 years; provide that a judge may order a person to enter into a recognizance with conditions to keep the peace and be of good behaviour for the purpose of preventing the person from committing an offence relating to the marriage of a person against their will or the marriage of a person under the age of 16 years or relating to the removal of a child from Canada with the intention of committing an act that, if it were committed in Canada, would be such an offence; and provide that the defence of provocation is restricted to circumstances in which the victim engaged in conduct that would constitute an indictable offence under the Criminal Code that is punishable by five years or more in prison. ". The amendment involves replacing s. 150.1(2.1), 232(2), 232(3)(a), 295, and 811. It also adds s. 150.1(2.2), 293.1, 293.2, and 810.02 and it changes s. 273.3(1). official text
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2015, c. 23

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Tougher Penalties for Child Predators Act 2015, c. 23 (C-26) June 18, 2015 July 16, 2015 (s. 2 to 19) [PC No. 2015-1074]
December 1, 2016 (s. 21 to 28) [PC No. 2016-0989]
Amends the Criminal Code to "increase mandatory minimum penalties and maximum penalties for certain sexual offences against children; increase maximum penalties for violations of prohibition orders, probation orders and peace bonds; clarify and codify the rules regarding the imposition of consecutive and concurrent sentences; require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence." Creates a public database of child sex offenders under the High Risk Child Sex Offender Database Act. It amends s. 151, 152, 153, 160, 161, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 212, 271, 272, 718.2, 718.3, 733.1, and 811. official text
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2015, c. 20

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Anti-terrorism Act, 2015 2015, c. 20 (Bill C-51) June 18, 2015 July 1 and August 1, 2015 [PC# 2015-1053] The Act "amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances. It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system. Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts." It amended s. 2, 83.3(7.1), (8.1), 83.31(2), (3), 487.04, 810.01(8), 810.011(6), 811(a), (b), added s. 83.221 to 83.223, 83.3(11.1), (11.2), 486.7, 810.011, 810.21, 810.22, and replaces s. 83.3(2)(a), (b), 83.3(4), 83.3(8)(a), (b), (12), 195(1)(a), (b), 486(1), 810.01(1) official text
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2015, c. 13

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts 2015, c. 13 (Bill C-32) April 23, 2015 July 23, 2015 (some s. delayed, see s. 37 to 44 of Act) [PC# 2015-0846 and 2016-0366] "This enactment amends the Criminal Code to... align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights... protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel... broaden the conduct to which the offence of intimidation of justice system participants applies... expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice... make testimonial aids more accessible to vulnerable witnesses... enable witnesses to testify using a pseudonym in appropriate cases... make publication bans for victims under the age of 18 mandatory on application... provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration... require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances... add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards... provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective... clarify the provisions relating to victim impact statements... allow for community impact statements to be considered for all offences... provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order... specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed... provide a form for requesting a restitution order; and... provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims." It also creates certain rights for victims in criminal proceedings. It adds s. 2.2, 278.4(2.1), 486.31, 515(13), 606(4.1) to (4.4), 737.1, 739.1 to 739.4, and Form 48.1 in Part XXVIII. It replaces s. 287.2(1), (1)(b), 287.3(5), 287.5(2), 278.6(3), 278.7(2), (3), 423.1(1), 486(2), 486.1(1) to (3), 486.2, 486.3(1) to (4.1), 486.4(1), (1)(a), (1)(b), (2), 486.5(1), (2), (7)(b), 672.5(14), 718 (a), (f), 718.2(e), 722, 722.2, 732.1(5)(a), 737(4), 741, 741.1, 742.3(3)(a), Form 34.1 in Part XXVIII. It repeals s. 380.3, 380.4, 423.1(2), 672.5(16), 745.63(2). official text
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2015, c. 3

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Miscellaneous Statute Law Amendment Act, 2014 2015, c. 3 (Bill C-47) February 26, 2015 On Royal Assent The amendment means to "correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect". It amends s. 2, 84(1), 164(8), 493, 552, schedule to Part XXV, it replaces s. 188(4)(c), (e), 287(6)(a), 320(8), 482(2)(l), 745.6(3)(c), (e), 812(1)(c), (f) , (g). official text
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2015, c. 1

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Act to amend the Criminal Code (assaults against public transit operators) 2015, c. 1 (Bill S-221) February 25th, 2015 February 25th, 2015 "This enactment amends the Criminal Code to require a court to consider the fact that the victim of an assault [offences under s. 264.1(1)(a) or any of sections 266 to 269] is a public transit operator to be an aggravating circumstance for the purposes of sentencing." s. 269.01. official text
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2014, c. 39

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Economic Action Plan 2014 Act, No. 2 2014, c. 39 (Bill C-43) 16 December 2014 ? CanLII text

2014, c. 32

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Combating Counterfeit Products Act 2014, c. 32 (Bill C-8) November 6, 2014 January 1, 2015 [PC# 2014-1451] Consequential amendments to the Code relating to new offences in the Copyright and Trade-marks Act. s. 183. official text
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2014, c. 31

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Protecting Canadians from Online Crime Act 2014, c. 31 (Bill C-13) December 9, 2014 March 9, 2015 The "enactment amends the Criminal Code to provide...for ... a new offence of non-consensual distribution of intimate images as well as complementary amendments to authorize the removal of such images from the Internet and the recovery of expenses incurred to obtain the removal of such images, the forfeiture of property used in the commission of the offence, a recognizance order to be issued to prevent the distribution of such images and the restriction of the use of a computer or the Internet by a convicted offender;... the power to make preservation demands and orders to compel the preservation of electronic evidence;...new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things; ...a warrant that will extend the current investigative power for data associated with telephones to transmission data relating to all means of telecommunications; ... warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake; and ... a streamlined process of obtaining warrants and orders related to an authorization to intercept private communications by ensuring that those warrants and orders can be issued by a judge who issues the authorization and by specifying that all documents relating to a request for a related warrant or order are automatically subject to the same rules respecting confidentiality as the request for authorization." It adds s. 4(8), 162.1, 162.2, 186(8), 187(8), 188(6), 342.2(4), Form 5.001 to 5.0091, replaces s. 164(1), (3) to (5), (7), 164.1(5), (7), 320.1(1), (5), (7), 327 , 342.1(1), 342.2(1), (2), 371, 372, 430(1.1), 430(5), (5.1), (8), 487.011 to 487.02, header of 487.1, 487.3(1)(b), 492.1, 492.2, 810(1), it modifies s. 164(8), 164.1(1), 164.2(1), 183, 342.1(2), 487.3(1) 738(1) and repeals s. 326(2), 342.1(2). official text
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2014, c. 25

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Protection of Communities and Exploited Persons Act 2014, c. 25 (Bill C-36) November 6th, 2014 December 6th, 2014 "This enactment amends the Criminal Code to ... create an offence that prohibits purchasing sexual services or communicating in any place...; create an offence that prohibits receiving a material benefit that derived from the commission of this [purchasing offence]; create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet; modernize the offence that prohibits the procurement of persons for the purpose of prostitution; create an offence that prohibits communicating... for the purpose of selling sexual services ... [in a public place where children frequent]; ...and specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will." It modifies s. 2(b), 212(2), (4), 150.1(5), 161(1.1)(a), 183, 274, 278.2(1)(a), 486(3), 486.4(1)(a) and (b), 486.04, 490.011(1), 810.1(1). It adds 161(1.1)(d), 286.1 to 286.5, 487.04 segments, 752 segments. It replaces s. 164(1), (3) to (5), (7), (8), 164.1(1), (5), (7), 171.1(1)(a), 172.1(1)(a), 172.2(1)(a), 197(1) definitions, 213(1), 278.2(1), 279.02, 279.03, 487.04 segments, 487.051, 490.012(1), (2), (3)(a), 490.013(2.1), 490.02904(3)(d), 753.1(2)(a), Form 5.04 (b)(iii), Form 53 segments. It repeals s. 197(1) definitions, 212, 487.04 segments, 490.011(1) segments, 752 segments. official text
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2014, c. 23

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Tackling Contraband Tobacco Act 2014, c. 23 (Bill C-10) November 6, 2014 April 10, 2015 [PC# 2015-0339] Amends Code to "create a new offence of trafficking in contraband tobacco and to provide for minimum penalties of imprisonment for repeat offenders". s. 2, 121.1. official text
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2014, c. 32

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders) 2014, c. 21 (Bill C-489) June 19, 2014 September 19, 2014 "This enactment amends section 161 of the Criminal Code to require a court to consider making an order prohibiting certain offenders from being within two kilometres, or any other distance specified in the order, of any dwellinghouse where the victim identified in the order resides or of any other place specified in the order. It also amends subsection 732.1(2) (probation) to ensure that the offender abstains from communicating with any victim, witness or other person identified in a probation order, or refrains from going to any place specified in the order, except in accordance with certain conditions. It makes similar amendments to section 742.3 (conditional sentence orders) and subsection 810.1(3.02) (conditions of recognizance)." It amends Code provisions relating to probation orders, conditional sentence orders, peace bonds, and 161 orders requiring judges to put restrictions on accused against being near or contacting victims or witnesses. It adds 161(1)(a.1), 732.1(2)(a.1), 732.1(2.1), (2.2), 742.3(1.1) to (1.3), and 810.1(3.02)(b.1). official text
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2014, c. 17

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment) 2014, c. 17 (Bill C-394) June 19, 2014 On Royal Assent "This enactment amends the Criminal Code to make it an offence to recruit, solicit, encourage, coerce or invite a person to join a criminal organization. It establishes a penalty for that offence and a more severe penalty for the recruitment of persons who are under 18 years of age. This enactment also makes a related amendment to the National Defence Act." It amends s. 2, 183, 185, 186, 462.48(1.1), 467.1(2), 467.2(1), 467.2(2), 487.04(a.1).

It adds s. 467.111. It replaces s. 467.14, 486.2(5)(a), 515(6)(a)(ii), 743.6(1.1), 743.6(1.2).

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2014, c. 10

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (personating peace officer or public officer) 2014, c. 10 (Bill C-444) June 19, 2014 On Royal Assent "This enactment amends the Criminal Code to establish that personating a police officer or a public officer for the purpose of committing another offence must be considered by a court to be an aggravating circumstance for sentencing purposes." It adds 130.1 which increases penalties for the offence of personating peace officers. official text
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2014, c. 9

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (mischief relating to war memorials) 2014, c 9 (Bill C-217) June 19, 2014 On Royal Assent Enacts "the offence of committing mischief in relation to a war memorial or cenotaph". It adds s. 430(4.11). official text
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2014, c. 6

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Not Criminally Responsible Reform Act 2014, c. 6 (Bill C-14) April 10, 2014 July 10, 2014 "This enactment amends the mental disorder regime in the Criminal Code and the National Defence Act to specify that the paramount consideration in the decision-making process is the safety of the public and to create a scheme for finding that certain persons who have been found not criminally responsible on account of mental disorder are high-risk accused. It also enhances the involvement of victims in the regime and makes procedural and technical amendments." It creates new consideration of "high risk" offenders found to be NCR. It amends 672.1(1), 672.11(d.1), 672.121, 672.54, Form 48, Form 48.1. It replaces s. 672.5(1), 672.5(15.2) to (16), 672.51(1), 672.5401, 672.75, 672.76(2)(a), 672.81(1.4) (1.5), 672.88, 672.89. It added 672.21(3)(c), 672.47(4), (5), 672.5(5.2), 672.5(13.3), 672.541, 672.542, 672.56(1.1), 672.64, 672.76(2)(a.1), 672.84. official text
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2013, c. 40

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Economic Action Plan 2013 Act, No. 2 2013, c. 40 (Bill C-4) 12 December 2013 CanLII text {{{7}}}

2013, c. 32

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (kidnapping of young person) 2013, c. 32 (Bill C-299) June 26, 2013 On Royal Assent "This enactment amends the Criminal Code to prescribe a minimum punishment of five years when a kidnap victim is under sixteen years of age, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the victim." It amends s. 279 on kidnapping. official text
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2013, c. 24

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Strengthening Military Justice in the Defence of Canada Act 2013, c. 24 (Bill C-15) June 19, 2013 October 18, 2013 (s. 17, 97 and 104), June 1, 2014 (remainder) Minor grammatical edits. It makes minor edits to french wording in s. 5 of Form 52 official text
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2013, c. 19

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (prize fights) 2013, c. 19 (Bill S-209) June 19, 2013 August 20, 2012 The amendment "expand[s] the list of permitted sports under the prize fighting provisions". It replaces s. 83(2). official text
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2013, c. 15

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act 2013, c. 15 (C-309) June 19, 2013 On Royal Assent "This enactment amends the Criminal Code to make it an offence to wear a mask or other disguise to conceal one’s identity while taking part in a riot or an unlawful assembly." Amends Code to include an offence for wearing a disguise or mask when participating in a riot or unlawful assembly It amends s. 65 and 66. official text
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2013, c. 13

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Nuclear Terrorism Act 2013, c. 13 (Bill S-9) June 19, 2013 November 1, 2013 [PC# 2013-0983] "This enactment amends the Criminal Code to create four new offences relating to nuclear terrorism in order to implement the Amendment to the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism." It amends s. 2, 183, 487.04, 607(6), adds s. 7(2.21), 82.2 to 82.7, it replaces s. 83.01(1)(a)(v), it repeals s. 7(3.2) to (3.6). official text
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2013, c. 11

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Increasing Offenders’ Accountability for Victims Act 2013, c. 11 (Bill C-37) June 19, 2013 October 24, 2013 [PC# 2013-1061] This Act amends s. 737 to require victim fine surcharges upon sentencing in all cases. It replaces s. 673(b), 737(1), 737(2)(a) and (b), 785(b), it repeals s. 737(5) and (6), 737(10), it amends s. 737(9) official text
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2013, c. 9

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Combating Terrorism Act 2013, c. 9 (Bill S-7) April 25, 2013 July 15, 2013 "This enactment replaces sections 83.28 to 83.3 of the Criminal Code to provide for an investigative hearing for the purpose of gathering information for an investigation of a terrorism offence and to allow for the imposition of a recognizance with conditions on a person to prevent them from carrying out a terrorist activity. In addition, the enactment provides for those sections to cease to have effect or for the possible extension of their operation. The enactment also provides that the Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness include in their respective annual reports their opinion on whether those sections should be extended. It also amends the Criminal Code to create offences of leaving or attempting to leave Canada to commit certain terrorism offences." It adds s. 83.31(1.1), (3.1). It replaces s. 7(2)(b) and (c), 83.08(2), 83.1(1), 83.23, 83.28, 83.29, 83.3, 83.32(1) to (2), 83.32(4), 83.33, 462.48(2)(d). It amends s. 183, 487.04 segments. It adds s. 83.181, 83.191, 83.201, 83.202. It repeals s. 83.1(2)

2013, c. 8

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Response to the Supreme Court of Canada Decision in R v Tse Act 2013, c. 8 (Bill C-55) March 27, 2013 s. 5 (Sept 27, 2013) remainder (Mar 27, 2013) "This enactment amends the Criminal Code to provide, in response to the Supreme Court’s decision in R v Tse, safeguards related to the authority to intercept private communications without prior judicial authorization under section 184.4 of that Act. Notably, the enactment... requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4... provides that a person who has been the object of such an interception must be notified of the interception within a specified period... narrows the class of individuals who can make such an interception; and... limits those interceptions to offences listed in section 183 of the Criminal Code." It replaces s. 184.4, 195(1), (2), (3), (5). It adds s. 195(2.1), 196.1. It modifies s. 183, 191(2)(a) and (b.1). official text
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2012, c. 29

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Protecting Canada's Seniors Act 2012, c. 29 (Bill C-36) December 14, 2012 January 13, 2013 "This enactment amends the Criminal Code to add vulnerability due to age as an aggravating circumstance for sentencing purposes." It adds s. 718.2(a)(iii.1). official text
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2012, c. 19

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Jobs, Growth and Long-term Prosperity Act 2012, c. 19 (Bill C-38) May 29, 2012 ? CanLII text

2014, c. 15

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (trafficking in persons) 2012, c. 15 (Bill C-310) June 28, 2012 June 28, 2012 extends scope of trafficking in persons offences to include those operating outside of Canada. It amended s. 7(4.1) and 279.04 official text
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2012, c. 9

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Citizen's Arrest and Self-Defence Act 2012 c. 9 (Bill C-26) June 28, 2012 March 11, 2013 [PC# 2013-0016] "This enactment amends the Criminal Code to enable a person who owns or has lawful possession of property, or persons authorized by them, to arrest within a reasonable time a person whom they find committing a criminal offence on or in relation to that property. It also amends the Criminal Code to simplify the provisions relating to the defences of property and persons." It replaces s. 34 to 42, 494(2), it adds s. 494(4). official text
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2012, c. 6

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and the Firearms Act (Ending the Long-gun Registry Act) 2012, c. 6 (Bill C-19) April 5, 2012 April 5, 2012 It removes requirements relating to the "requirement to register firearms that are neither prohibited nor restricted". It replaces s. 91(1),(4)(b)(ii), (5), 92(1), (4)(b)(ii), 94(1)(2)(a)(i) and (ii), 95(1), 106(1)(a) and (b), 108(3) and 117.03(1) and (2). It repeals s. 92(5) and (6), 94(5). official text
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2012, c. 1

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Safe Streets and Communities Act 2012, c. 1 (Bill C-10) March 13, 2012 June 13, 2012 (s. 52 to 107, 147) [PC# 2012-0770]
August 9, 2012 (s. 10 to 31 and 35 to 38) [PC# 2012-0841]
October 23, 2012 (s. 167 to 203) [PC# 2012-0841]
November 6, 2012 (s. 32(1), 33, 39 to 47, 49 and 50) [PC# 2012-0841]
November 20, 2012 (s. 34) [PC# 2012-0841]
February 28, 2013 (s. 160) [PC# 2013-0121]
The Act "amends the Criminal Code to... increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;... create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;... expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;... expand the list of enumerated offences that may give rise to such orders and prohibitions; and... eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years." Most amendments are changes to the sentencing provisions of child-related sex offences and serious offences with available Conditional Sentences. It amends s. 7(4.1), 161(1), 161(1.1)(a), 164.2(1), 172.1(1), 183, 271, 272(2), 273(2), 486(3), 487.04(a), 752, 810.1(1), and Form 5.04. It replaces s. 151(a), (b), 152(a), (b), 153(1.1)(a), (b), 155(2), 160(3), 163.1(2)(b), 163.1(3)(b), 163.1(4)(a) and (b), 163.1(4.1)(a) and (b), 170(a) and (b), 171(b), 172.1(2), 173, 515(4.1)(c), 515(6)(d), 553(c)(xi), 742.1, 753.1(2)(a), 810.1(3.02)(a). It adds s. 171.1, 172.2. official text
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2011, c. 16

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Fair and Efficient Criminal Trials Act 2011, c. 16 (Bill C-2) June 26, 2011 s. 2,4-6, 7(2),(4), 10, 11, and 14-16 (August 15, 2011) and remaining (Oct 24, 2011) [PC# 2011-0827] Creates power to appoint case mgmt judge with certain powers. Makes additions to protect jurors more and increases available numbers. Binds re-trials to previous voir dires. it adds s. 523(1.2) and 551.1 to 551.8, 631(2.1), 652.1 and 653.1. Replaces s. 523(2), 601, 631(3), (3.1), (5), and (6), 640(2.2), 641, 642.1(1), 643(1), 669.2(3) and (4) and 795. official text
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2011, c. 7

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Response to the Supreme Court of Canada Decision in R v Shoker Act 2011, c. 7 (Bill C-30) March 23, 2011 March 12, 2015 [PC# 2014-1449] "This enactment amends the Criminal Code to allow a court to require that an offender or defendant provide a sample of a bodily substance on the demand of peace officers, probation officers, supervisors or designated persons, or at regular intervals, in order to enforce compliance with a prohibition on consuming drugs or alcohol imposed in a probation order, a conditional sentence order or a recognizance under section 810, 810.01, 810.1 or 810.2 of that Act." It adds s. 729.1, 732.1(7) to (12), 732.11, 742.3(5) to (10), 742.31, 810(3.1), (3.2), 810.1(3.02)(f), (g), 810.2(4.1)(f), (g), 810.3, 810.4, 811.1 and Form 51. Replaces s. 732.1(3)(c), 742.3(2)(a), 810(3), 810(4), and 810.01(4.1). official text
CanLII text

2011, c. 6

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Standing up for Victims of White Collar Crime Act 2011, c. 6 (Bill C-21)
SI/2011-82
March 23, 2011 November 1, 2011 [PC# 2011-1121] Adds mandatory minimum for fraud over one million and amends the aggravating factors found in s. 380.1. Creates prohibition orders under 380.2, more restitution orders under s. 380.3 and community impact statements under s. 380.4. official text
CanLII text

2011, c. 5

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act 2011, c. 5 (Bill C-48) March 23, 2011 December 2, 2011 [PC# 2011-1383] Amendments with respect to "parole inadmissibility period for offenders convicted of multiple murders". It add s. 675(2.3), 676(6), 745.21, and 745.51. official text
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2011, c. 2

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code and another Act 2011, c. 2 (Bill S-6) December 2, 2011 On Royal Assent [PC# 2011-1384] The act "amends the Criminal Code with regard to the right of persons convicted of murder or high treason to be eligible to apply for early parole". It adds s. 745.01(2), 745.21, 745.51, 745.6(1)(a.1), 745.6(2.1) to (2.8). It also replaces s. 745.6(1), 745.61(1), (2), (3) to (5), 745.63(6)(a) and 745.63(8). official text
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2010, c. 20

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (justification for detention in custody) 2010, c. 20 (Bill C-464) December 15, 2010 On Royal Assent The Act "amends the Criminal Code to provide that the detention of an accused in custody may be justified where it is necessary for the protection or safety of the public, including any person under the age of 18 years." It replaces s. 515(10)(b). official text
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2010, c. 19

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (suicide bombings) 2010, c. 19 (Bill S-215) December 15, 2010 November 30, 2011 [PC# 2011-1322] The act "clarif[ies] that suicide bombings fall within the definition terrorist activity." s. 83.01(1.2) official text
CanLII text

2010, c. 17

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
Protecting Victims From Sex Offenders Act 2010, c. 17 (Bill S-2) December 15, 2010 April 15, 2011 It amends he Criminal Code to "enhance police investigation of crimes of a sexual nature and allow police services to use the national database proactively to prevent crimes of a sexual nature", "require[s] sex offenders arriving in Canada to comply with" SOIRA, and "provide[s] that sex offenders who are subject to a mandatory requirement to comply with the Sex Offender Information Registration Act are also subject to a mandatory requirement to provide a sample for forensic DNA analysis". The act replaces s. 173(2), 490.012, 490.013(3), 490.014, 490.015(1)(c), 490.015(4), 490.016(1), (3), 490.017(2), 490.023(2), (4), 490.024(2), 490.025, 490.026(1), (5), 490.027(1), (3), 490.029(2). It adds s. 490.02901 to 490.02911. It also amends s. 487.04, 490.011(1), 490.018(1)(d), 490.019. official text
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2010, c. 14

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime) 2010, c. 14 (Bill S-9) November 18, 2010 April 29, 2011 The act "create[s] offences in connection with the theft of a motor vehicle, the alteration, removal or obliteration of a vehicle identification number, the trafficking of property or proceeds obtained by crime and the possession of such property or proceeds for the purposes of trafficking, and to provide for an in rem prohibition of the importation or exportation of such property or proceeds". It amends s. 183. It adds s. 333.1, 353.1, 355.1 to 355.5. It replaces s. 462.3(3)(b)(i), 462.34(7), 462.48(1.1)(b), 491.2(1), and 593(1). official text
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2010, c. 3

Act Name Citation Royal Assent In force Summary Amended Code Sec. Amendment Text
An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years) 2010, c. 3 (Bill C-268) June 29, 2010 June 29, 2010 The act creates "minimum punishment of imprisonment for a term of five years for offences involving trafficking of persons under the age of eighteen years". It amends s. 183, 487.04, 490.011(1), and 752. It adds s. 279.011. It replaces s. 279.02, 279.03, 486(3), 486.4(1)(a)(i) official text
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See Also

List of Criminal Code Forms

See also: Criminal Code Forms
Form Title Related Section Amendments Related Articles
Form 1 Information to Obtain a Search Warrant s. 487 [Section 487 Search Warrants] N/A Section 487 Search Warrants
Form 2 Information s. 506 [Laying of an Information] and 788 [Laying an Summary Offence Information] R.S., 1985, c. C-46, Form 2;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Informations and Indictments
Form 3 Repealed Repealed N/A N/A
Form 4 Heading of Indictment s. 566 [Preferring indictments], 566.1 [Indictments, Nunavut], 580 [Form of indictment] and 591 [Joinder and severance] R.S., 1985, c. C-46, Form 4;
R.S., 1985, c. 27 (1st Supp.), s. 184;
1999, c. 3, s. 58.
Informations and Indictments
Form 5 Warrant to Search s. 487 R.S., 1985, c. C-46, Form 5;
1999, c. 5, s. 45.
Section 487 Search Warrants
Form 5.001 Preservation Demand s. 487.012(1) 2014, c. 31, s. 26. Preservation Demands and Orders
Form 5.002 Information To Obtain a Preservation Demand s. 487.013(2) 2014, c. 31, s. 26. Preservation Demands and Orders
Form 5.003 Preservation Order s. 487.013(4) 2014, c. 31, s. 26. Preservation Demands and Orders
Form 5.004 Information To Obtain a Production Order s. 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3) 2014, c. 31, s. 26.
Form 5.005 Production Order for Documents s. 487.014(3) 2014, c. 31, s. 26.
Form 5.006 Production Order To Trace a Communication s. 487.015(3) 2014, c. 31, s. 26. Trace Specified Communications Production Orders
Form 5.007 Production Order for Transmission Data or Tracking Data s. 487.016(3) and 487.017(3) 2014, c. 31, s. 26. Transmission Data Production Orders
Production Orders for Tracking Data
Form 5.008 Production Order for Financial Data s. 487.018(4) 2014, c. 31, s. 26. Production Orders for Financial Data
Form 5.0081 Information To Revoke or Vary an Order Made Under Any of Sections 487.013 to 487.018 of the Criminal Code s. 487.019(3) 2014, c. 31, s. 26. Production Orders
Form 5.009 Information To Obtain a Non-Disclosure Order s. 487.0191(2) 2014, c. 31, s. 26. Sealing and Unsealing Judicial Authorizations
FORM 5.0091 Non-Disclosure Order s. 487.0191(3) 2014, c. 31, s. 26. Sealing and Unsealing Judicial Authorizations
Form 5.01 Information To Obtain a Warrant To Take Bodily Substances for Forensic DNA Analysis s. 487.05(1) 1998, c. 37, s. 24. Section 487.05 Seizure Warrant of DNA Samples
Form 5.02 Warrant Authorizing the Taking of Bodily Substances for Forensic DNA Analysis s. 487.05(1) 1998, c. 37, s. 24. Section 487.05 Seizure Warrant of DNA Samples
Form 5.03 Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis s. 487.051(1) and (2) 1998, c. 37, s. 24;
2002, c. 1, s. 185;
2005, c. 25, s. 12;
2007, c. 22, s. 23.
DNA Orders (Primary Designated Offences)
Form 5.04 Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis s. 487.051(3) [persons found not criminally responsible and secondary designated offences] 1998, c. 37, s. 24;
2002, c. 1, s. 186;
2005, c. 25, s. 12;
2007, c. 22, s. 23;
2012, c. 1, s. 38;
2014, c. 25, s. 32.
DNA Orders (secondary designated offences)
Form 5.041 Order to a Person To Have Bodily Substances Taken for Forensic DNA Analysis s. 487.051(4) and 487.055(3.11) 2007, c. 22, s. 23. DNA Orders (Primary Designated Offences)
Form 5.05 Application for an Authorization To Take Bodily Substances for Forensic DNA Analysis s. 487.055(1) 1998, c. 37, s. 24;
2005, c. 25, s. 12;
2007, c. 22, s. 23.
Miscellaneous DNA Provisions
Form 5.06 Authorization To Take Bodily Substances for Forensic DNA Analysis s. 487.055(1) 1998, c. 37, s. 24;
2005, c. 25, s. 12;
2007, c. 22, s. 23.
Persons failing to Attend for Taking of Sample
Form 5.061 Summons to a Person To Have Bodily Substances Taken for Forensic DNA Analysis s. 487.055(4) and 487.091(3) 2007, c. 22, s. 23. Miscellaneous DNA Provisions
Section 487.05 Seizure Warrant of DNA Samples
Form 5.062 Warrant for Arrest s. 487.0551(1) 2007, c. 22, s. 23. Persons failing to Attend for Taking of Sample
Form 5.07 Report to a Provincial Court Judge or the Court s. 487.057(1) 1998, c. 37, s. 24;
2007, c. 22, s. 24.
DNA Orders
Form 5.08 Application for an Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis s. 487.091(1) 1998, c. 37, s. 24;
2005, c. 25, s. 13;
2007, c. 22, s. 25.
Section 487.05 Seizure Warrant of DNA Samples
Form 5.09 Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis s. 487.091(1) 1998, c. 37, s. 24;
2005, c. 25, s. 13;
2007, c. 22, s. 25.
Section 487.05 Seizure Warrant of DNA Samples
Form 5.1 Warrant To Search s. 487.1 R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 17.
Form 5.2 Report to a Justice s. 489.1 [Restitution of property or report by peace officer] R.S., 1985, c. 27 (1st Supp.), s. 184. Procedure on Seizure of Property
Form 5.3 Report to a Judge of Property Seized s. 462.32 R.S., 1985, c. 42 (4th Supp.), s. 6. Proceeds of Crime Search Warrant
Form 6 Summons to a Person Charged with an Offence s. 493, 508, and 512 R.S., 1985, c. C-46, Form 6;
R.S., 1985, c. 27 (1st Supp.), s.184.
Issuing Process
Form 7 Warrant for Arrest s. 475, 493, 597, 800 and 803 R.S., 1985, c. C-46, Form 7;
R.S., 1985, c. 27 (1st Supp.), s.203;
1997, c. 39, s. 3;
1999, c. 5, s. 46.
Form 7.1 Warrant To Enter Dwelling-house s. 529.1 [Entry into Place to Execute an Arrest Warrant] 1997, c. 39, s. 3;
2002, c. 13, s. 85.
Entry into Place to Execute an Arrest Warrant
Form 8 Warrant for Committal s. 493 and 515 R.S., 1985, c. C-46, Form 8;
R.S., 1985, c. 27 (1st Supp.), ss. 184, 203.
Detention With Charges Outstanding
Form 9 Appearance Notice Issued by a Peace Officer to a Person Not Yet Charged with an Offence s. 493 R.S., 1985, c. C-46, Form 9;
R.S., 1985, c. 27 (1st Supp.), s. 184;
1994, c. 44, s. 84;
1997, c. 18, s. 115.
Form 10 Promise to Appear s. 493 R.S., 1985, c. C-46, Form 10;
1994, c. 44, s. 84;
1997, c. 18, s. 115.
Promise to Appear, Issued by Police
Form 11 Recognizance Entered into Before an Officer in Charge or Other Peace Officer s. 493 [Definitions of "recognizance" and "officer in charge"] R.S., 1985, c. C-46, Form 11;
1992, c. 1, s. 58;
1994, c. 44, s. 84;
1997, c. 18, s. 115.
Release by Police
Form 11.1 Undertaking Given to a Peace Officer or an Officer in Charge s. 493, 499, and 503 1994, c. 44, s. 84;
1997, c. 18, s. 115;
1999, c. 25, s. 24;
2002, c. 13, s. 86(F).
Release by Police
Form 12 Undertaking Given to a Justice or a Judge s. 493 and 679 R.S., 1985, c. C-46, Form 12;
R.S., 1985, c. 27 (1st Supp.), s. 184;
1994, c. 44, s. 84;
1999, c. 25, s. 25;
2008, c. 18, s. 45.1.
Release With and Without Sureties and Deposits
Form 13 Undertaking by Appellant (Defendant) s. 816, 832, and 834 R.S., 1985, c. C-46, Form 13;
1999, c. 25, s. 26.
Bail Pending Appeal
Form 14 Undertaking by Appellant (Prosecutor) s. 817 N/A Bail Pending Appeal
Form 15 Warrant To Convey Accused Before Justice of Another Territorial Division s. 543 N/A
Form 16 Subpoena to a Witness s. 699 R.S., 1985, c. C-46, Form 16;
R.S., 1985, c. 27 (1st Supp.), s. 184;
1999, c. 5, s. 47.
Compelling Attendance of Witnesses
Form 16.1 Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the Criminal Code s. 278.3(5) [Service of application and subpoena] and 699(7) [Form of subpoena in sexual offences] 1997, c. 30, s. 3. Production of Records for Sexual Offences
Compelling Attendance of Witnesses
Form 17 Warrant for Witness s. 698 and 705 R.S., 1985, c. C-46, Form 17;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Arrest Warrants for Witnesses
Form 18 Warrant To Arrest an Absconding Witness s. 704 R.S., 1985, c. C-46, Form 18;
R.S., 1985, c. 27 (1st Supp.), s. 203.
Arrest Warrants for Witnesses
Form 19 Warrant Remanding a Prisoner s. 516 and 537 R.S., 1985, c. C-46, Form 19;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Form 20 Warrant of Committal of Witness for Refusing To Be Sworn or To Give Evidence s. 545 R.S., 1985, c. C-46, Form 20;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Witness Refusing to Testify
Form 21 Warrant of Committal on Conviction s. 570 and 806 R.S., 1985, c. C-46, Form 21;
R.S., 1985, c. 27 (1st Supp.), s. 184;
1995, c. 22, s. 9;
2009, c. 29, s. 4.
Form 22 Warrant of Committal on an Order for the Payment of Money s. 806 R.S., 1985, c. C-46, Form 22;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Form 23 Warrant of Committal for Failure To Furnish Recognizance To Keep the Peace s. 810 and 810.1 R.S., 1985, c. C-46, Form 23;
R.S., 1985, c. 27 (1st Supp.), ss. 184, 203;
1993, c. 45, s. 12.
Form 24 Warrant of Committal of Witness for Failure To Enter into Recognizance s. 550 R.S., 1985, c. C-46, Form 24;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Form 25 Warrant of Committal for Contempt s. 708 [Contempt] R.S., 1985, c. C-46, Form 25;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Finding of Contempt
Form 26 Warrant of Committal in Default of Payment of Costs of an Appeal s. 827 N/A
Form 27 Warrant of Committal on Forfeiture of a Recognizance s. 773 R.S., 1985, c. C-46, Form 27;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Estreatment of Recognizance
Form 28 Endorsement of Warrant s. 487 and 528 R.S., 1985, c. C-46, Form 28;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Form 28.1 Repealed Repealed N/A
Form 29 Endorsement of Warrant s. 507 R.S., 1985, c. C-46, Form 29;
1994, c. 44, s. 84.
Issuing Process
Form 30 Order for Accused To Be Brought Before Justice Prior to Expiration of Period of Remand s. 537 N/A
Form 31 Deposition of a Witness s. 540 N/A Preliminary Inquiry Depositions
Form 32 Recognizance s. 493, 550, 679, 706, 707, 810, 810.1 and 817 R.S., 1985, c. C-46, Form 32;
R.S., 1985, c. 27 (1st Supp.), ss. 101, 184, 203;
c. 42 (4th Supp.), s. 7;
1993, c. 45, ss. 13, 14;
1999, c. 25, s. 27.
Release With and Without Sureties and Deposits
Form 33 Certificate of Default To Be Endorsed on Recognizance s. 770 R.S., 1985, c. C-46, Form 33;
R.S., 1985, c. 27 (1st Supp.), s. 203;
1994, c. 44, s. 84.
Form 34 Writ of Fieri Facias s. 771 N/A Estreatment of Recognizance
Form 34.1 Statement on Restitution s. 737.1(4) 2011, c. 6, s. 5;
2015, c. 13, s. 35.
Restitution
Form 34.2 Victim Impact Statement s. 722(4) 2015, c. 13, s. 35. Victim Impact Statements
Form 34.3 Community Impact Statement s. 722.2(2) 2015, c. 13, s. 35. Victim Impact Statements
Form 35 Conviction s. 570 and 806 R.S., 1985, c. C-46, Form 35;
R.S., 1985, c. 27 (1st Supp.), ss. 184, 203.
Trial Verdicts
Form 36 Order Against an Offender s. 570 and 806 R.S., 1985, c. C-46, Form 36;
R.S., 1985, c. 27 (1st Supp.), s. 184.
Trial Verdicts
Form 37 Order Acquitting Accused s. 570 R.S., 1985, c. C-46, Form 37;
R.S., 1985, c. 27 (1st Supp.), ss. 184, 203.
Trial Verdicts
Form 38 Conviction for Contempt s. 708 N/A Contempt of Court (Offence)
Form 39 Order for Discharge of a Person in Custody s. 519 and 550 N/A
Form 40 Challenge To Array s. 629 N/A Challenge to Jury Panel
Form 41 Challenge for Cause s. 639 N/A Challenge for Cause
Form 42 Certificate of Non-payment of Costs of Appeal s. 827 N/A Appeal Procedure For Summary Convictions
Form 43 Jailer’s Receipt to Peace Officer for Prisoner s. 744 R.S., 1985, c. C-46, Form 43;
1995, c. 22, s. 18.
Imprisonment, Execution of Warrant of Committal
Form 44 N/A s. 667 [Proof of previous conviction] R.S., 1985, c. C-46, Form 44;
R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 18;
1995, c. 22, s. 18;
2005, c. 10, s. 34.
Proof of Previous Conviction
Form 45 N/A s. 667 R.S., 1985, c. C-46, Form 45;
R.S., 1985, c. 27 (1st Supp.), s. 184;
2005, c. 10, s. 34.
Proof of Previous Conviction
Form 46 Probation Order s. 732.1 R.S., 1985, c. C-46, Form 46;
R.S., 1985, c. 27 (1st Supp.), s. 203;
1995, c. 22, s. 10;
2004, c. 12, s. 17.
Probation Orders
Form 47 Order To Disclose Income Tax Information s. 462.48 R.S., 1985, c. 42 (4th Supp.), s. 8. Proceeds of Crime Disclosure Order
Form 48 Assessment Order of the Court s. 672.13 1991, c. 43, s. 8;
1995, c. 22, s. 10;
2005, c. 22, s. 40;
2014, c. 6, s. 19.
Assessment for Fitness and Criminal Responsibility
Form 48.1 Assessment Order of the Review Board s. 672.13 2005, c. 22, s. 40;
2014, c. 6, s. 20.
Assessment for Fitness and Criminal Responsibility
Form 48.2 Victim Impact Statement — Not Criminally Responsible s. 672.5(14) 2015, c. 13, s. 36. Review Board Hearing Procedure
Form 49 Warrant of Committal, Disposition of Detention s. 672.57 1991, c. 43, s. 8. Review Board Disposition Hearings
Form 50 Warrant of Committal, Placement Decision s. 672.7(2) [Warrant of committal, Review Board] 1991, c. 43, s. 8. Dual Status Offenders
Form 51 Notice of Obligation To Provide Samples of Bodily Substance s. 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g) 1991, c. 43, s. 8;
1995, c. 22, s. 10 (Sch. I, item 37);
2005, c. 22, s. 41;
2011, c. 7, s. 13;
2015, c. 20, s. 34.
Form 52 Order To Comply with Sex Offender Information Registration Act s. 490.012 2004, c. 10, s. 21;
2007, c. 5, s. 30;
2010, c. 17, s. 26;
2013, c. 24, s. 117(F).
SOIRA Orders
Form 53 Notice of Obligation To Comply with Sex Offender Information Registration Act s. 490.019 and 490.032 2004, c. 10, s. 21;
2007, c. 5, s. 31;
2013, c. 24, s. 117(F);
2014, c. 25, s. 33.
SOIRA Orders
Form 54 Obligation To Comply with Sex Offender Information Registration Act s. 490.02901 to 490.02903, 490.02905 and 490.032 2010, c. 17, s. 27. SOIRA Orders

Form text

See Also

Offences by Category

Offences

See also: Offences by Penalty

Public Order Offences

Offence Section Offence Page Sentencing Digests
High Treason 46(1), 47(1) and 745 Offence N/A
Treason (overthrow gov't) s. 47 (2)(a), (c), or (d) and 745 Offence N/A
Treason (espionage while at war) s. 47 (2)(b) or (e) and 745 Offence N/A
Piracy 74, 75 Offence N/A
Hijacking 76 Offence N/A
Endangering safety of aircraft or airport 77 Offence N/A
Seizing control of ship or fixed platform 78.1(1) Offence N/A
Violent act on board a shop or platform 78.1(2) Offence N/A
False information re safe navigation 78.1(3) Offence N/A
Threats to commit offences at 78.1(2) 78.1(4) Offence N/A
Breach of duty of care re explosives endangering life 80(a) Offence Sentencing Digests
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm 81(1)(a), (b) and 81(2)(a) Offence Sentencing Digests
Possession, etc., of nuclear material, radioactive material or device 82.3 Offence Sentencing Digests
Use or alteration of nuclear material, radioactive material or device 82.4 Offence Sentencing Digests
Commission of indictable offence to obtain nuclear material, etc. 82.4 Offence Sentencing Digests

Organized Crime and Terrorism Offences

Offence Section Offence Page Sentencing Digests
Financing Terrorist Activity 83.02, 83.03 Offence Sentencing Digests
Committing an Offence for a Terrorist Group 83.2 Offence Sentencing Digests
Participating in Terrorist Activity 83.18-23 Offence Sentencing Digests
Instructing activity for terrorist group 83.21(1) Offence Sentencing Digests
Instructing terrorist activity 83.22(1) Offence Sentencing Digests
Counselling commission of terrorism offence 83.221 Offence Sentencing Digests
Hoax Regarding Terrorist Activity (no death) 83.231 Offence Sentencing Digests
Hoax re terrorist activity (causing death) 83.231(4) Offence Sentencing Digests
Participating in a Criminal Organization 467.11 Offence Sentencing Digests
Conspiracy 465 Offence Sentencing Digests

Weapons Offences

Offence Section Offence Page Sentencing Digests
Use or Possession of Explosives 81, 82 Offence Sentencing Digests
Use of Firearm in Commission of an Offence 85 Offence Sentencing Digests
Careless Use or Storage of a Firearm 86 Offence Sentencing Digests
Pointing a Firearm 87 Offence Sentencing Digests
Possession of a Weapon for a Dangerous Purpose 88 Offence Sentencing Digests
Carrying a Concealed Weapon 90 Offence Sentencing Digests
Unauthorized Possession of a Firearm 91 Offence Sentencing Digests
Possession of Unauthorized Firearm 92 Offence Sentencing Digests
Possession of a Firearm in an Unauthorized Place 93, 94 Offence Sentencing Digests
Possession of a Restricted or Prohibited Firearm 95 Offence Sentencing Digests
Weapons Trafficking 99, 100 Offence Sentencing Digests
Possession of a Weapon Contrary to an Order 117.01 Offence Sentencing Digests
Discharging a Firearm 244, 244.1 Offence Sentencing Digests

Sexual Offences

Offence Section Offence Page Sentencing Digests
Sexual Interference 151 Offence Sentencing Digests
Invitation to Sexual Touching 152 Offence Sentencing Digests
Sexual Exploitation 153 Offence Sentencing Digests
Incest 155 Offence Sentencing Digests
Bestiality 160 Offence Sentencing Digests
Voyeurism 162 Offence Sentencing Digests
Distribution of Intimate Images 162.1 Offence Sentencing Digests
Obscenity 163 Offence Sentencing Digests
Child Pornography 163.1 Offence Sentencing Digests
Parent or Guardian Procuring Sexual Activity 170 Offence Sentencing Digests
Householder Permitting Sexual Activity 171 Offence Sentencing Digests
Making Sexually Explicit Materials Available to Child 171.1 Offence Sentencing Digests
Child Luring 172.1 Offence Sentencing Digests
Agree or Arrange a Sexual Offence Against Child 172.2 Offence Sentencing Digests
Keeping a Common Bawdy-house 210 Offence Sentencing Digests
Solicitation 213 Offence Sentencing Digests
Sexual Assault 271 Offence Sentencing Digests
Sexual Assault with a Weapon 272 Offence Sentencing Digests
Sexual Assault Causing Bodily Harm 272 Offence Sentencing Digests
Aggravated Sexual Assault 273 Offence Sentencing Digests
Commodification of Sexual Services 286.1-5 Offence Sentencing Digests

Disorderly Conduct

Offence Section Offence Page Sentencing Digests
Interfering with reading of riot proclamation or refusing to cease participation in riot 68 Offence Sentencing Digests
Unlawful Assembly and Rioting 63, 64 Offence Sentencing Digests
Indecent Act 173 Offence Sentencing Digests
Causing a Disturbance 175 Offence Sentencing Digests
Trespassing at Night 177 Offence Sentencing Digests

Employer Liability

Offences of Violence

Offence Section Offence Page Sentencing Digests
Failing to Provide the Necessities of Life 215 Offence Sentencing Digests
Abandoning Child 218 Offence Sentencing Digests
Criminal Negligence 220 Offence Sentencing Digests
Assisted Dying Offences 241.3, 241.4 Offence Sentencing Digests
Administering a Noxious Substance 245 Offence Sentencing Digests
Overcoming Resistance 246 Offence Sentencing Digests
Criminal Harassment 264 Offence Sentencing Digests
Uttering Threats 264.1 Offence Sentencing Digests
Common Assault 266 Offence Sentencing Digests
Assault Causing Bodily Harm 267 Offence Sentencing Digests
Assault with a Weapon 267 Offence Sentencing Digests
Aggravated Assault 268 Offence Sentencing Digests
Assault Peace Officer 270 Offence Sentencing Digests
Kidnapping and Unlawful Confinement 279 Offence Sentencing Digests
Trafficking in Persons 279.01-04 Offence Sentencing Digests
Hostage Taking 279.1 Offence Sentencing Digests
Abduction of a Young Person 280-286 Offence Sentencing Digests
Extortion 346 Offence Sentencing Digests
Intimidation 423 Offence Sentencing Digests
Animal Cruelty 445, 446 Offence Sentencing Digests

Homicide

Offence Section Offence Page Sentencing Digests
Homicide 234, 235, 236 Offence Sentencing Digests
Manslaughter Offence Sentencing Digests
Infanticide 237 and 238 Offence Sentencing Digests
Attempted Murder 239 Offence Sentencing Digests

Gambling and Gaming

Offence Section Offence Page Sentencing Digests
Gambling Offences 201(1), 202 and 203 Offence Sentencing Digests
Lottery Offences 206, 207, and 209 Offence Sentencing Digests
Prize Fights 83 Offence Sentencing Digests

Hate Speech and Libel

Offence Section Offence Page Sentencing Digests
Defamatory Libel 299, 300 Offence Sentencing Digests
Public Incitement of Hatred 319 Offence Sentencing Digests

Administration of Justice Offences

Offence Section Offence Page Sentencing Digests
Breach of Public Trust 122 Offence Sentencing Digests
Disobeying a Statute or Court Order 127 Offence Sentencing Digests
Obstruction of a Peace Officer 129 Offence Sentencing Digests
Personating a Peace Officer 130 Offence Sentencing Digests
Disarming a Peace Officer 270.1 Offence Sentencing Digests
Breach of Undertaking, Recognizance, or Probation 145, 733 Offence Sentencing Digests
Failure to Attend Court or Appear 145 Offence Sentencing Digests
Escape from Lawful Custody 145(1) Offence Sentencing Digests
Perjury 131 Offence Sentencing Digests
Giving Contradictory Evidence 136 Offence Sentencing Digests
Fabricating Evidence 137 Offence Sentencing Digests
Giving a False Sworn Statement 134 Offence Sentencing Digests
Obstructing Justice 139 Offence Sentencing Digests
Public Mischief 140 Offence Sentencing Digests
Prison Breach 144 Offence Sentencing Digests
Intercept of Private Communications 184 Offence Sentencing Digests
Intimidation of a Justice System Participant 423.1 Offence Sentencing Digests
Breach of Publication and Access Bans 486.6 Offence Sentencing Digests
Breach of Preservation Obligations 487.0197 Offence Sentencing Digests
Breach of DNA Orders 487.0552 and 487.08 Offence Sentencing Digests
Breach of SOIRA Orders 490.031 and 490.0311 Offence Sentencing Digests
Contempt of Court 708 Offence Sentencing Digests
Offence Section Offence Page Sentencing Digests
Inducing a Young Person 136 YCJA Offence Sentencing Digests
Breach of a Youth Order 137, 138 YCJA Offence Sentencing Digests

Motor Vehicle Offences

Offence Section Offence Page Sentencing Digests
Offence Section Offence Page Sentencing Digests
Dangerous Operation of a Motor Vehicle 320.13(1) Offence Sentencing Digests
Flight from a Peace Officer 320.17 Offence Sentencing Digests
Failure to Stop or Remain at Scene of Accident 320.16(1) Offence Sentencing Digests
Impaired Driving and Over 80 320.14(1) Offence Sentencing Digests
Impaired Driving, Over 80 and Refusal Causing Bodily Harm or Death 320.14(2); 320.15(2) Offence Sentencing Digests
Refusal 320.15(1) Offence Sentencing Digests
Driving While Disqualified 320.18(1) Offence Sentencing Digests
Street Racing 249.2, 249.3, 249.4 Offence Sentencing Digests

Property Offences

Offence Section Offence Page Sentencing Digests
Telecommunication Offences 327, 342.1, 342.2, 372, 430 Offence Sentencing Digests
Robbery 344 Offence Sentencing Digests
Break and Enter 348 Offence Sentencing Digests
Unlawfully in a Dwelling 349 Offence Sentencing Digests
Possession of Break-in Instruments 351 Offence Sentencing Digests
Forcible Entry 74 Offence Sentencing Digests
Motor Vehicle Theft 333.1 Offence Sentencing Digests
Theft 334 Offence Sentencing Digests
Theft and Forgery of a Credit Card 342 Offence Sentencing Digests
Possession of Stolen Property 355 Offence Sentencing Digests
Trafficking in Stolen Property 355.2, 355.4 Offence Sentencing Digests
Obtaining Property by False Pretences 362 Offence Sentencing Digests
Forgery 366, 367, 368 Offence Sentencing Digests
Counterfeiting 449, 450, 452 Offence Sentencing Digests
Breach of Trust 336 Offence Sentencing Digests
Fraud 380 Offence Sentencing Digests
Mischief 430 Offence Sentencing Digests
Arson 433, 434 Offence Sentencing Digests
Possession of Incendiary Materials 436.1 Offence Sentencing Digests
Unauthorized Use of Computer 342.1 Offence Sentencing Digests
Identity Theft 402.2 Offence Sentencing Digests
Identity Fraud 403 Offence Sentencing Digests
Money Laundering 462.31 Offence Sentencing Digests
Procuring and Trafficking Government Documents 56.1 Offence Sentencing Digests

Corruption Offences

Offence Section Offence Page Sentencing Digests
Bribery 119, 120 Offence Sentencing Digests
Frauds on the Government 121 Offence Sentencing Digests
Secret Commissions 426 Offence Sentencing Digests

Drug Offences

Offence Section Offence Page Sentencing Digests
Drug Possession 4 CDSA Offence Sentencing Digests
Drug Production 7 CDSA Offence Sentencing Digests
Importing and Exporting Drugs 6 CDSA Offence Sentencing Digests
Drug Trafficking 5 CDSA Offence Sentencing Digests
Schedule I 5 CDSA Drug Trafficking Drug Trafficking (Schedule I) (5 CDSA)
Schedule II 5 CDSA Drug Trafficking Drug Trafficking (Schedule II) (5 CDSA)
Schedule III 5 CDSA Drug Trafficking Drug Trafficking (Schedule III) (5 CDSA)
Schedule IV 5 CDSA Drug Trafficking Drug Trafficking (Schedule IV) (5 CDSA)

Misc Offences

Offence Section Offence Page Sentencing Digests
Attempts and Accessories After the Fact 463 Offence Sentencing Digests

Repealed and Unconstitutional Offences

Offence Section Offence Page Sentencing Digests
Indecent Assault 149, 156 Offence Sentencing Digests
Sexual Intercourse with Step-Daughter 158 Offence Sentencing Digests
Gross Indecency Offence Sentencing Digests
Abortion Offence Sentencing Digests
Anal Intercourse Offence Sentencing Digests
Counselling or Aiding Suicide Offence Sentencing Digests
Procuring and Living on the Avails of Prostitution Offence Sentencing Digests
Rape Offence Sentencing Digests

Miscellaneous Offences by Topic

See also

Offences by Penalty

List of Hybrid Offences=

See also: Offences by Penalty, List of Summary Conviction Offences, and List of Straight Indictable Offences

Maximum Penalty of 14 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Sexual interference
From July 17, 2015
151 1 year jail (I)
90 days (S)
"two years less a day" Yes (s. 718.3(7))a
Invitation to sexual touching
From July 17, 2015
152 1 year jail (I)
90 days (S)
"two years less a day" Yes (s. 718.3(7))a
Sexual exploitation
From July 17, 2015
153(1.1) 1 year jail (I)
90 days (S)
"two years less a day" Yes (s. 718.3(7))a
Bestiality in presence of child
From July 17, 2015
160(3) 1 year jail "two years less a day" Yes (s.718.3(7))a
Making sexually explicit material available to child 171.1(2) 6 months jail (I)
90 days (S)
"two years less a day" Yes (s. 718.3(7))a
Luring a child
From July 17, 2015
172.1(2) 1 year jail (I)
6 months (S)
"two years less a day" Yes (s. 718.3(7))a
Agreement or arrangement — sexual offence against child
From July 17, 2015
172.2 1 year (I)
6 months (S)
"two years less a day" Yes (s. 718.3(7))a
Sexual Assault - victim under 16 years
From July 17, 2015
271 1 year jail 18 months (I)
6 months (S)
Yes (s. 718.3(7))a
Refusal
From December 18, 2018
320.15(2), 320.2 $1,000 fine, 30 days or 120 days jail Two years less a day No
Dangerous Operation When Accident Causes Bodily Harm
From December 18, 2018
320.13(2), 320.2 $1,000 fine, 30 days or 120 days jail Two years less a day No
Offence Section Minimums Summary Election Maximum Consecutive Time
Failure to Stop After Accident Resulting in Bodily Harm
From December 18, 2018
320.16 (2), 320.2 $1,000 fine, 30 days or 120 days jail Two years less a day No
Operation while impaired and causing bodily harm
From December 18, 2018
320.14(2), 320.2 $1,000 fine, 30 days or 120 days jail Two years less a day No
Possess, use, traffic, etc in forgery instruments 368.1 None summary conviction No

Maximum Penalty of 10 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Sabotage
From September 19, 2019
52(1) None summary conviction No
Concealing identity during a riot
From September 19, 2019
65(2) None summary conviction No
Offences re freezing of property, disclosure or audit relative to terrorism
From September 19, 2019
83.12 1 year jail with priors $100,000 and/or 2 years less a day No
Hoax re terrorist activity (bodily harm not death)
From September 19, 2019
83.231(3) None summary conviction No
Possession of a weapon for purpose dangerous 88(1) None summary conviction No
Unauthorized possession of weapon or firearm in vehicle 94(1) None summary conviction No
Possession of prohibited or restricted weapon with ammunition 95(2) 3 or 5 years with prior 1 year No
Possession of weapon obtained by crime 96(2) 1 year (I) "summary conviction" No
Assembling automatic firearm 102(2) 1 year (on Indictment) 1 year No
Possession of firearm contrary to prohibition order 117.01(3) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Obstruct justice with elements of aggravation
From September 19, 2019
139(2) None summary conviction No
Prison Breach
From September 19, 2019
144 None summary conviction No
Bestiality 160(1) None summary conviction No
Compelling bestiality 160(2) None summary conviction No
Possession of Child Pornography
From July 17, 2015
163.1(4) 1 year "two years less a day" Yes (s. 718.3(7))a
Accessing of Child Pornography
From July 17, 2015
163.1(4.1) 1 year "two years less a day" Yes (s. 718.3(7))a
Criminal negligence causing bodily harm
From September 19, 2019
221 None "summary conviction" No
Set trap and actually cause bodily harm
From September 19, 2019
247(2) None "summary conviction" No
Keep trap to cause bodily harm to commit offence
From September 19, 2019
247(3) None "summary conviction" No
Impeding attempt to save life
From September 19, 2019
262 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Criminal Harassment 264(3) None summary conviction No
Assault with a Weapon
From September 19, 2019
267(a) None "summary conviction" No
Assault Causing Bodily Harm
From September 19, 2019
267(b) None "summary conviction" No
Unlawfully cause bodily harm
From September 19, 2019
269 None "summary conviction" No
Unlawfully cause bodily harm (failure to safeguard ice opening or excavation causing bodily harm) 269, 263(3)(b) None 18 months No
Assault of peace officer with a weapon or causing bodily harm
From September 19, 2019
270.01 None "summary conviction" Yes (s. 270.03)
Sexual Assault, victim 16 years old or greater
From August 9, 2012
271(a) None 18 months No
Unlawful confinement, imprisonment, seizure
From September 19, 2019
279(2) None "summary conviction" No
Profiting from trafficking in persons
From September 19, 2019
279.02(1) None "summary conviction" No
Abduction of person under fourteen (other than parent or guardian)
From September 19, 2019
281 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Abduction in contravention of custody order 282(1) None summary conviction No
Abduction (by parent or guardian) 283(1) None summary conviction No
Material benefit from sexual services
From September 19, 2019
286.2(1) None "summary conviction" No
Dangerous operation of a conveyance 320.13(1), 320.19(5) ?? ? No
Dangerous operation of a conveyance
From December 18, 2018
320.13(1), 320.19(5) None Two years less a day No
Operation While Impaired by Drug or Alcohol
From December 18, 2018
320.14(1)(a), 320.19(1) $1,000 fine, 30 days or 120 days jail Two years less a day No
Operation While Over 80 BAC
From December 18, 2018
320.14(1)(b), 320.19(1) $1,500, $2,000 fine, 30 days or 120 days jail Two years less a day No
Operation While Blood Drug Exceeds Regs re Drugs
From December 18, 2018
320.14(1)(c), 320.19(1) $1,000 fine, 30 days or 120 days jail Two years less a day No
Operation While Blood Drug Exceeds Regs re Drugs
From December 18, 2018
320.14(1)(d), 320.19(1) $1,000 fine, 30 days or 120 days jail Two years less a day No
Refusal
From December 18, 2018
320.15(1), 320.19(1), (4) $2,000 fine, 30 days or 120 days jail Two years less a day No
Offence Section Minimums Summary Election Maximum Consecutive Time
Failure to Stop at Accident
From December 18, 2018
320.16 (1), 320.19(5) Two years less a day No
flight from peace officer
From December 18, 2018
320.17, 320.19(5) None Two years less a day No
Operation While Prohibited
From December 18, 2018
320.18, 320.19(5) None Two years less a day No
Motor vehicle theft
From September 19, 2019
333.1 6 months (with 2 or more priors) "two years less a day" No
Theft of cattle
From September 19, 2019
338(2) None "summary conviction" No
Destroying documents of title
From September 19, 2019
340 None "summary conviction" No
Theft, forgery of credit card 342(1) None summary conviction No
Credit card data offence 342(3) None summary conviction No
Instruments for credit card fraud 342.01(1) None summary conviction No
Unauthorized use of computer 342.1(1) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Break and enter of a non dwelling-house 348(1)(e) None summary conviction No
Unlawfully in a dwelling-house 349(1) None summary conviction No
Possession of break-in instruments 351(1) None "summary conviction" No
disguise with intent
From September 19, 2019
351(2) None "summary conviction" No
Theft from Mail 356(3) None Summary conviction No
Bring into Canada property obtained by crime
From September 19, 2019
357 None "summary conviction" No
False pretence over $5,000 or involving a testamentary instrument
From September 19, 2019
362(2)(a) None "summary conviction" No
Forgery 366, 367 None summary conviction No
Utter forged document 368(1) None summary conviction No
Fraudulent manipulation of stock exchange deals
From September 19, 2019
382 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Prohibited insider trading
From September 19, 2019
382.1(1) None "summary conviction" No
Offences in relation to mines
From September 19, 2019
396(1) None "summary conviction" No
False prospectus
From September 19, 2019
400(1) None "summary conviction" No
Personation with intent / Identity fraud 403 None summary conviction No
Threat against U.N. or associated personnel
From September 19, 2019
424.1 None "summary conviction" No
Mischief over $5000 or involving testament 430(3) None summary conviction No
Mischief to religious building etc
From September 19, 2019
430(4.1) None "summary conviction" No
Mischief relating to war memorials
From September 19, 2019
430(4.11) $1,000, 14 days jail, 30 days jail "summary conviction" No
Mischief to cultural property 430(4.2) None summary conviction No
Mischief to data 430(5) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Arson for fraudulent purpose
From September 19, 2019
435(1) None "summary conviction" No
Interference with signal, buoy or sea-mark used for the purpose of navigation
From September 19, 2019
439(2) None "summary conviction" No
Laundering proceeds of crime 462.31(2) None summary conviction No
Breach of long-term supervision order
From September 19, 2019
753.3 None "summary conviction" No
Drug Trafficking (Schedule III) CDSA 5 18 months None No
Importing and exporting drugs, (Schedule III, V, or VI) CDSA 6(3)(b) None 18 months No
Drug production (Schedule III) CDSA 7(2)(c) None 18 months No

Maximum Penalty of 7 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Drug possession (Schedule I) CDSA 4(3) None 6 months or 1 year with priors No
Obtain drugs from practitioner (Schedule I) CDSA 4(7) None 6 months or 1 year with priors No

Maximum Penalty of 5 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Procuring Identity Documents 56.1 None summary conviction No
Possession of forged passport
From September 19, 2019
57(3) None summary conviction No
Offences respecting military stores
From September 19, 2019
62 None summary conviction No
Concealment of identity during an unlawful assembly 66(2) None summary conviction No
Unlawful training or drilling of milita
From September 19, 2019
70 None summary conviction No
Possession of explosive without lawful excuse
From September 19, 2019
82(1) None summary conviction No
Hoax re terrorist activity (no bodily harm or death)
From September 19, 2019
83.231(2) None "summary conviction" No
Unsafe Storage or Careless Use of a Firearm - on second or more convictions 86(1), (2) None summary conviction No
Pointing a firearm 87(2) None summary conviction No
Carrying concealed weapon 90(2) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Unauthorized possession of firearm 91(1) None summary conviction No
Unauthorized possession of prohibited weapon or restricted weapon 91(2) None summary conviction No
Possession of weapon or firearm at unauthorized place 93(2) None summary conviction No
Transfer of firearm without authority 101(2) None summary conviction No
Unauthorized importing or exporting firearms 104(2) None "summary conviction" No
Offences re lost, destroyed, defaced weapons 105(2) None "summary conviction" No
Destruction of weapons offences re report 106(2) None "summary conviction" No
False statements respecting firearms 107(2) None "summary conviction" No
Tampering with firearm serial number 108(2) None "summary conviction" No
Fraud on government
From September 19, 2019
121(3) None No
Selling, etc., of tobacco products and raw leaf tobacco
From September 19, 2019
121.1 90, 180, or 2 years less a day
(with prior conviction(s)
summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Breach of trust by public officer
From September 19, 2019
122 None No
Bribing municipal official
From September 19, 2019
123(1) None No
Influencing municipal official
From September 19, 2019
123(2) None No
Selling or purchasing office
From September 19, 2019
124 None No
Influencing appointment in office
From September 19, 2019
125 None No
Personation of peace officer 130 None summary conviction No
Public mischief 140(2) None summary conviction No
Corruptly taking reward
From September 19, 2019
142 None summary conviction No
Rescue or permitting escape
From September 19, 2019
147 None No
Aid prisoner of war to escape
From September 19, 2019
148 None No
Offence Section Minimums Summary Election Maximum Consecutive Time
Sexual exploitation of persons with disability
From September 19, 2019
153.1(1) None summary conviction No
Voyeurism 162(1) None summary conviction No
Distribution of voyeurism material 162(4) None summary conviction No
Distribution of intimate images 162.1(1) None summary conviction No
Possession of Child Pornography
August 9, 2012 to July 17, 2015
163.1(4) 6 months 18 months Yes (s. 718.3(7))a
Possession of Child Pornography
November 1, 2005 to August 9, 2012
163.1(4) 45 days 18 months Yes (s. 718.3(7))a
Accessing of Child Pornography
August 9, 2012 to July 17, 2015
163.1(4.1) 6 months 18 months Yes (s. 718.3(7))a
Accessing of Child Pornography
November 1, 2005 to August 9, 2012
163.1(4.1) 45 days 18 months Yes (s. 718.3(7))a
Indignity or neglect of dead body
From September 19, 2019
182 None No
Interception of private communication
From September 19, 2019
184(1) None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Interception of radio-based telephone communications
From September 19, 2019
184.5(1) None No
Failure to provide necessaries of life
From September 19, 2019
215(3) None summary conviction No
Abandoning child
From September 19, 2019
218 None summary conviction No
Infanticide
From September 19, 2019
237 None summary conviction No
Failure to comply with safeguards
From September 19, 2019
241.3 None summary conviction No
forgery or destruction of documents re assisted dying
From September 19, 2019
241.4 None summary conviction No
Neglect to obtain assistance and concealing birth
From September 19, 2019
242 None summary conviction No
Keep trap and cause death in place to commit offence
From September 19, 2019
247(1) and 247(5) None summary conviction No
Utter threats to cause death or bodily harm
From September 19, 2019
264.1(2) None "summary conviction" No
Assault 266 None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Assaulting a peace officer 270(1) and (2) None summary conviction Yes (s. 270.03)
Disarming a peace officer
From September 19, 2019
270.1 None "summary conviction" No
Removal of child from Canada 273.3(2) None summary conviction No
Withholding or destroying documents in respect of human trafficking - victim 18 years and above
From September 19, 2019
279.03(1) None "summary conviction" No
Obtaining sexual services for consideration
From September 19, 2019
286.1(1) $2,000 or $4,000
(if near persons under 18 years)
$1,000 or $2,000
fine not more than "$5,000"/"two years less a day" Yes (s. 718.3(7))a
Advertising sexual services
From September 19, 2019
286.4 None "summary conviction" No
Bigamy
From September 19, 2019
291(1) None "summary conviction" No
Procuring feigned marriage
From September 19, 2019
292(1) None "summary conviction" No
Polygamy
From September 19, 2019
293(1) None "summary conviction" No
Forced marriage
From September 19, 2019
293.1 None "summary conviction" No
Marriage under age of 16 years
From September 19, 2019
293.2 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Publishing defamatory libel knowing it to be false
From September 19, 2019
300 None "summary conviction" No
Extortion by libel
From September 19, 2019
302(3) None "summary conviction" No
Fraud respecting cattle
From September 19, 2019
338(1) None "summary conviction" No
Drift timber fraud
From September 19, 2019
339(1) None "summary conviction" No
Criminal interest rate 347(1) None "$25,000" and/or 6 months No
Criminal interest rate
From September 19, 2019
347(1) None "$25,000" or "two years less a day" No
Tampering with vehicle identification number 353.1 Summary conviction None No
Trafficking in stolen property no more than $5,000 355.2, 355.5 None Summary conviction No
Poss'n for the purpose of trafficking in stolen property no more than $5,000 355.4, 355.5 None Summary conviction No
Obtaining execution of valuable security by fraud
From September 19, 2019
363 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Damaging documents
From September 19, 2019
377(1) None "summary conviction" No
Offences in relation to registers
From September 19, 2019
378 None "summary conviction" No
Passing on insider information 382.1(2) None summary conviction No
Gaming in stock or merchandise
From September 19, 2019
383(1) None "summary conviction" No
reducing stock by selling for own account
From September 19, 2019
384 None "summary conviction" No
Fraudulent registration of title
From September 19, 2019
386 None "summary conviction" No
Fraud in relation to valuable minerals by holder of lease or licence
From September 19, 2019
394(1) None "summary conviction" No
Sale of valuable mineral save by lawful authority
From September 19, 2019
394(2) None "summary conviction" No
Purchase of valuable mineral save from owner
From September 19, 2019
394(3) None "summary conviction" No
Possession of stolen or fraudulently obtained valuable minerals
From September 19, 2019
394.1(3) None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Falsification of books and documents
From September 19, 2019
397(1) None "summary conviction" No
Participation in falsification of books and docs
From September 19, 2019
397(2) None "summary conviction" No
False return by public officer
From September 19, 2019
399 None "summary conviction" No
Identity theft 402.2(1) None Summary conviction No
Trafficking in identity information 402.2(2) None Summary conviction No
Acknowledging instrument in false name
From September 19, 2019
405 None "summary conviction" No
Offences re military stores 420(1) None summary conviction No
Criminal breach of contract 422(1) None summary conviction No
Intimidation 423(1) None summary conviction No
Threat against an internationally protected person
From September 19, 2019
424 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Threats and retaliation vs employees re union work 425.1(2) None summary conviction No
Secret commission
From September 19, 2019
426(3) None "summary conviction" No
Mischief in special circumstances re danger to life, or to data or property 430(5.1) None summary conviction No
Unauthorized recording of a movie (for profit) 432(2) None summary conviction No
Arson by negligence
From September 19, 2019
436(1) None "summary conviction" No
Possession of incendiary material
From September 19, 2019
436.1 None "summary conviction" No
Interference with saving of wrecked vessel
From September 19, 2019
438(1) None "summary conviction" No
Occupant injuring building
From September 19, 2019
441 None "summary conviction" No
Interfere with international boundary line
From September 19, 2019
443(1) None "summary conviction" No
Injuring or endangering cattle 444(2) None $10,000 and/or 18 months No
Offence Section Minimums Summary Election Maximum Consecutive Time
Injuring or endangering other animals
From September 19, 2019
445(2) None "$10,000" and/or "two years less a day" No
Killing or injuring law enforcement animals
From September 19, 2019
445.01(2) 6 months (if done in commission of an offence) "$10,000" and/or "two years less a day" Yes (s. 445.01(3))
Cruelty to animals
From September 19, 2019
445.1(2) None "$10,000" and/or "two years less a day" No
Arena for animal fighting
From September 19, 2019
447(2) None $10,000 and/or "two years less a day" No
Having clippings for gold without justification
From September 19, 2019
451 None "summary conviction" No
Conspiracy to commit an indictable offence punishable by less than 14 years 465(1)(b)(ii) None N/A No
Participation in activities of criminal organization
From September 19, 2019
467.11(1) None "summary conviction" Yes (s. 467.14)
Breach of Order of Restraint for Offence-related Property
From September 19, 2019
490.8 None "summary conviction" No

Maximum Penalty of 5 Years Less a Day Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Drug possession (Schedule II) CDSA 4(4) None 6 months or 1 year No
Obtain drugs from a practitioner (Schedule II) CDSA 4(7) None 6 months or 1 year No

Maximum Penalty of 4 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Breach of 161 prohibition order
From September 19, 2019
161(4) None summary conviction No
Breach of s. 162.2 Internet Prohibition Order
From September 19, 2019
162.2(4) None summary conviction No
Breach of Probation
From September 19, 2019
733.1 None "summary conviction" No
Breach of a recognizance (peace bond) order under s. 83.3 or 810 to 810.2
From September 19, 2019
811 None "summary conviction" No

Maximum Penalty of 3 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
Drug possession (Schedule III) CDSA 4(6) None 6 months or 1 year No
Obtain drugs from a practitioner (Schedule III) CDSA 4(7) None 6 months or 1 year No
Obtain drugs from a practitioner (Schedule III)
(with Priors)
CDSA 4(7) None 6 months or 1 year No
Drug trafficking (Schedule IV) CDSA 5(3)(c)(i) None 1 year No
Importing and exporting drugs, (Schedule IV) CDSA 6(3)(c) None 1 year No
Drug production (Schedule IV) CDSA 7(2)(d) None 1 year No

Maximum Penalty of 2 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum Consecutive Time
False information respecting passport 57(2) None summary conviction No
Fraudulent use of citizenship certificate
From September 19, 2019
58(1) None summary conviction No
Participating in a riot
From September 19, 2019
65(1) None summary conviction No
Peace officer’s neglect in riot situation
From September 19, 2019
69 None summary conviction No
Unsafe Storage or Careless Use of a Firearm - on first conviction 86(1),(2) None summary conviction No
Forcible entry or forcible detainer 72 and 73 None summary conviction No
Disobeying a statute where no other set sentence
From September 19, 2019
126(1) None summary conviction No
Disobey order of Court 127(1) None summary conviction No
Misconduct by officers executing process
From September 19, 2019
128 None summary conviction No
Offences relating to public or peace officers 129 None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
False affidavits
From September 19, 2019
138 None "summary conviction" No
Obstruct justice (aggravating elements of 139(2) not being made out) 139(1) None summary conviction No
Compounding indictable offence
From September 19, 2019
141(1) None "summary conviction" No
Escape and being at large without excuse 145(1) None summary conviction No
Failure to attend court or surrender
From December 18, 2019
145(2) None "summary conviction" No
Failure to comply with appearance notice or summons
From December 18, 2019
145(3) None "summary conviction" No
failure to comply with undertaking
From December 18, 2019
145(4) None "summary conviction" No
failure to comply with release order
From December 18, 2019
145(5) None "summary conviction" No
Permitting or assisting escape
From September 19, 2019
146 None "summary conviction" No
Corrupting morals 163 and 169 None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Tied sale 165 and 169 None summary conviction No
Immoral theatrical performance 167 and 169 None summary conviction No
Mailing obscene matter 168 and 169 None summary conviction No
Corrupting children
From September 19, 2019
172(1) None "summary conviction" No
Indecent act
From September 19, 2019
173(1) None summary conviction No
Indecent exposure 173(2) 90 days (I)
30 days (S)
summary conviction No
Obstructing or violence to or arrest of officiating clergyman
From September 19, 2019
176(1) None summary conviction No
Common nuisance
From September 19, 2019
180(1) None No
Possession of equipment for wiretapping illegally
From September 19, 2019
191(1) None summary conviction No
Disclosure of information from wiretap
From September 19, 2019
193(1) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Disclosure of information from wiretap
From September 19, 2019
193.1(1) None summary conviction No
Keeping gaming or betting house
From September 19, 2019
201(1) None summary conviction No
Breach of gambling rules and regulations 204(10) None Summary conviction No
Lotteries Offences respecting lotteries
From September 19, 2019
206(1) None No
Offences involving management of permitted lottery scheme 207(3)(a) None summary conviction No
Offences involving management of permitted lottery scheme (on ship) 207.1(3)(a) None summary conviction No
Cheating at play
From September 19, 2019
209 None No
Concealing body of child
From September 19, 2019
243 None summary conviction No
Utter threats to destroy property or animals 264.1(3) None summary conviction No
Pretending to solemnize marriage
From September 19, 2019
294 None "summary conviction" No
Solemnizing marriage contrary to law
From September 19, 2019
295 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Publishing defamatory libel (not aggravating under s. 300)
From September 19, 2019
301 None "summary conviction" No
Public incitement of hatred 319(1) None summary conviction No
Wilful promotion of hatred 319(2) None summary conviction No
Possession, etc., of device to obtain use of telecommunication facility or telecommunication service
From ??
327(1) None "summary conviction" No
Theft under $5,000 or not of testamentary instrument 334(b) None summary conviction No
Fraudulent concealment
From September 19, 2019
341 None "summary conviction" No
Possession of device to obtain computer service 342.2(1) None summary conviction No
Possession of instruments to break into coin machines
From September 19, 2019
352 None "summary conviction" No
Sale of automobile master key
From September 19, 2019
353(1) None "summary conviction" No
Possession of stolen goods under $5,000 and not of testamentary instrument 355(b) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
False pretence not over $5,000 and not involving a testamentary instrument 362(2)(b) None summary conviction No
False message
From March 9, 2015
372(1) None summary conviction No
Indecent phone call 372(2) None summary conviction No
Harassing telephone call 372(3) None summary conviction No
Fraud under $5,000 and not involving a testamentary instrument 380(1)(b) None summary conviction No
Breach of s. 380.2 fraud prohibition order 380.2 None summary conviction No
Using mails to defraud
From September 19, 2019
381 None "summary conviction" No
Fraudulent concealment of title documents
From September 19, 2019
385(1) None "summary conviction" No
Fraudulent sale of real property
From September 19, 2019
387 None "summary conviction" No
Misleading receipt
From September 19, 2019
388 None "summary conviction" No
Offence Section Minimums Summary Election Maximum Consecutive Time
Fraudulent disposal of goods on which $ advanced
From September 19, 2019
389(1) None "summary conviction" No
Fraudulent receipts under Bank Act
From September 19, 2019
390 None "summary conviction" No
Disposal of property to defraud creditors
From September 19, 2019
392 None "summary conviction" No
Fraud in relation to fares
From September 19, 2019
393(1) None "summary conviction" No
Offering advantage to avoid paying fare
From September 19, 2019
393(2) None "summary conviction" No
Forging a trade mark to deceive or defraud 407 and 412(1) None summary conviction No
Passing off wares or trademarks to deceive or defraud 408 and 412(1) None summary conviction No
Possession of instruments for forging trade marks 409 and 412(1) None summary conviction No
Other offences in relation to trade marks 410 and 412(1) None summary conviction No
Used goods sold without disclosure 411 and 412(1) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Offences respecting wrecks 415 None summary conviction No
Applying or removing marks without authority
From September 19, 2019
417(1) None "summary conviction" No
Receiving or possessing public stores bearing mark 417(2) None summary conviction No
Mischief under $5000 and not involving testament 430(4) None summary conviction No
Unauthorized recording of a movie (not for profit) 432(1) None summary conviction No
False alarm of fire 437 None summary conviction No
Remove natural bar without permission
From September 19, 2019
440 None "summary conviction" No
Causing damage or injury to animals
From September 19, 2019
446(2) None "summary conviction" No
Utter counterfeit coin
From September 19, 2019
453 None "summary conviction" No
Failure to comply with DNA order 487.0552(1) None summary conviction No
Offence Section Minimums Summary Election Maximum Consecutive Time
Breach of limited use order of DNA re 487.08(1.1) 487.08(4) None summary conviction No
Breach of SOIRA order
From September 19, 2019
490.031(1) None $10,000 and/or "two years less a day" No
Breach of SOIRA order (false or misleading information)
From September 19, 2019
490.0311(a) None $10,000 and/or "two years less a day" No
Failure to comply with a custodial non-communication order
From September 19, 2019
743.21 None "summary conviction" No

Previous Offences

References

See Also

List of Hybrid Offences (Previous)

See also: Offences by Penalty, List of Summary Conviction Offences, and List of Straight Indictable Offences

Hybrid Offences

See also: List of Hybrid Offences

Maximum Penalty of 10 Years Imprisonment by Indictment

Offence Section Maximum Fine Minimums Consecutive Time
Offences re freezing of property, disclosure or audit relative to terrorism
Until September 19, 2019
83.12 1 year jail with priors $100,000 and/or 1 year No
Hoax re terrorist activity (bodily harm not death)
Until September 19, 2019
83.231(3) None 18 months No
Possession of prohibited or restricted weapon with ammunition
Until September 19, 2019
95(2) ?? ? No
Sexual interference
November 1, 2005 to August 9, 2012
151 45 days 18 months No
Invitation to sexual touching
August 9, 2012 to July 17, 2015
152 1 year jail (I)
90 days (S)
18 months No
Invitation to sexual touching
November 1, 2005 to August 9, 2012
152 45 days jail 18 months No
Sexual exploitation
August 9, 2012 to July 17, 2015
153(1.1) 1 year (I)
90 days (S)
18 months No
Sexual exploitation
November 1, 2005 to August 9, 2012
153(1.1) 45 days 18 months No
Sexual interference
August 9, 2012 to July 17, 2015
151 1 year (I)
90 days (S)
18 months No
Anal intercourse (unconstitutional) [Repealed] 159(1) None summary conviction No
Bestiality in presence of child
1985 to August 9, 2012
160(3) None Summary conviction Yes (s. 718.3(7))a
Bestiality in presence of child
August 9, 2012 to July 17, 2015
160(3) 1 year 2 years less a day Yes (s. 718.3(7))a
Making Child Pornography
August 9, 2012 to July 17, 2015
163.1(2) 1 year two years less a day Yes (s. 718.3(7))a
Making Child Pornography
November 1, 2005 to August 9, 2012
163.1(2) 1 year 18 months Yes (s. 718.3(7))a
Distribution of Child Pornography
August 9, 2012 to July 17, 2015
163.1(3) 12 months two years less a day Yes (s. 718.3(7))a
Distribution of Child Pornography
November 1, 2005 to August 9, 2012
163.1(3) 1 year 18 months Yes (s. 718.3(7))a
Luring a child
August 9, 2012 to July 17, 2015
172.1(2) 1 year 18 months Yes (s. 718.3(7))a
Luring a child
June 22, 2007 to August 9, 2012
172.1(2) None 18 months Yes (s. 718.3(7))a
Agreement or arrangement — sexual offence against child
August 9, 2012 to July 17, 2015
172.2 1 year 18 months Yes (s. 718.3(7))a
Assault with a Weapon
Until September 19, 2019
267(a) None 18 months No
Assault Causing Bodily Harm
Until September 19, 2019
267(b) None 18 months No
Unlawfully cause bodily harm
Until September 19, 2019
269 None 18 months No
Assault of peace officer with a weapon or causing bodily harm
Until September 19, 2019
270.01 None 18 months Yes (s. 270.03)
Sexual Assault, victim under 16 years
August 9, 2012 to July 17, 2015
271(a) 1 year 18 months No
Sexual Assault
1994 to August 9, 2012
271(1)(a) None 18 months No
Unlawful confinement, imprisonment, seizure
Until September 19, 2019
279(2) None 18 months No
Motor vehicle theft
Until September 19, 2019
333.1 6 months (with 2 or more priors) 18 months No
Mischief to religious building etc
Until September 19, 2019
430(4.1) None 18 months No
Mischief relating to war memorials
Until September 19, 2019
430(4.11) $1,000, 14 days jail, 30 days jail 18 months No

Maximum Penalty of 5 Years Imprisonment by Indictment

Offence Section Maximum Fine Minimums Consecutive Time
Sexual exploitation of persons with disability
Until September 19, 2019
153.1(1) None 18 months No
Failure to provide necessaries of life
Until September 19, 2019
215(3) None 18 months No
Abandoning child
Until September 19, 2019
218 None 18 months No
Failure to comply with safeguards
Until September 19, 2019
241.3 None 18 months No
forgery or destruction of documents re assisted dying
Until September 19, 2019
241.4 None 18 months No
Dangerous operation of motor vehicle
Until December 18, 2018
249(2) None summary conviction No
Flight from a Peace Officer - no bodily harm or death
Until December 18, 2018
249.1(1) None summary conviction No
Dangerous driving (street racing) - no bodily harm or death
Until December 18, 2018
249.4(2) None summary conviction No
Failure to stop at scene of accident
Until December 18, 2018
252(1.1) None summary conviction No
Impaired operation, over .08 or refusal
Until December 18, 2018
253, 254 and 255(1)(a),(b) $1,000, 30 days, or 120 days 18 months No
Operate motor vehicle while disqualified
Until December 18, 2018
259(4) None summary conviction No
Utter threats to cause death or bodily harm
Until September 19, 2019
264.1(2) None 18 months No
Disarming a peace officer
Until September 19, 2019
270.1 None 18 months No
Abduction of person under 16
Until September 19, 2019
280(1) None "summary conviction" No
Obtaining sexual services for consideration
Until September 19, 2019
286.1(1) $2,000 or $4,000
(if near persons under 18 years)
$1,000 or $2,000
"18 months" Yes (s. 718.3(7))a
Advertising sexual services
Until September 19, 2019
286.4 None 18 months No
Criminal interest rate
Until September 19, 2019
347(1) None "$25,000" or 6 months jail No
Injuring or endangering other animals
Until September 19, 2019
445(2) None $10,000 and/or 18 months No
Killing or injuring law enforcement animals
Until September 19, 2019
445.01(2) 6 months (if done in commission of an offence) $10,000 and/or 18 months Yes (s. 445.01(3))
Cruelty to animals
Until September 19, 2019
445.1(2) None $10,000 and/or 18 months No
Keeping cockpit
Until September 19, 2019
447(2) None $10,000 and/or 18 months No
Advertising and dealing in counterfeit money
Until September 19, 2019
460(1) None "summary conviction" No

Maximum Penalty of 4 Years Imprisonment by Indictment

Offence Section Maximum Fine Minimums Consecutive Time
Breach of 161 prohibition order
Until September 19, 2019
161(4) None 18 months No
Breach of s. 162.2 Internet Prohibition Order
Until September 19, 2019
162.2(4) None 18 months No
Breach of Probation
Until September 19, 2019
733.1 None 18 months and/or $5,000 No
Breach of a recognizance (peace bond) order under s. 83.3 or 810 to 810.2
Until September 19, 2019
811 None 18 months No

Maximum Penalty of 2 Years Imprisonment by Indictment

Offence Section Maximum Fine Minimums Consecutive Time
Causing damage or injury to animals
Until September 19, 2019
446(2) None $5,000/6 Months No
Failure to comply with a custodial non-communication order
Until September 19, 2019
743.21 None 18 months No
Breach of SOIRA order
Until September 19, 2019
490.031(1) None $10,000 and/or 6 months No
Breach of SOIRA order (false or misleading information)
Until September 19, 2019
490.0311(a) None $10,000 and/or 6 months No

Other

Offence Section Maximum Fine Minimums Consecutive Time
Importing or exporting instruments or literature for illicit drug use (first offence) 462.2(a) "one hundred thousand dollars" None No
Importing or exporting instruments or literature for illicit drug use (second or subsequent offence) 462.2(b) "three hundred thousand dollars" None No -->

List of Straight Indictable Offences

See also: Offences by Penalty, List of Hybrid Offences, and List of Summary Conviction Offences

Minimum Punishment is Imprisonment for Life

Offence Section Minimums Mandatory Consecutive Time
High Treason 46(1), 47(1) and 745 25 years without parole No
Treason (overthrow gov't) 47 (2)(a), (c), or (d) and 745 N/A No
Treason (espionage while at war) 47 (2)(b) or (e) and 745 N/A No
First Degree Murder 235 and 745 25 years without parole No
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) 235 and 745 25 years without parole No
Second Degree Murder 235 and 745 10 years without parole No

Maximum Punishment of Imprisonment for Life

Offence Section Minimums Mandatory Consecutive Time
Interfering with reading of riot proclamation or refusing to cease participation in riot 68 None No
Piracy 74, 75 None No
Hijacking 76 None No
Endangering safety of aircraft or airport 77 None No
Seizing control of ship or fixed platform 78.1(1) None No
Violent act on board a shop or platform 78.1(2) None No
False information re safe navigation 78.1(3) None No
Threats to commit offences at 78.1(2) 78.1(4) None No
Breach of duty of care re explosives endangering life 80(a) None No
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm 81(1)(a), (b) and 81(2)(a) None No
Possession, etc., of nuclear material, radioactive material or device 82.3 None No
Use or alteration of nuclear material, radioactive material or device 82.4 None No
Commission of indictable offence to obtain nuclear material, etc. 82.4 None No
Committing an Offence for a Terrorist Group 83.2 None Yes (s. 83.26)
Instructing activity for terrorist group 83.21(1) None Yes (s. 83.26)
Instructing terrorist activity 83.22(1) None Yes (s. 83.26)
Hoax re terrorist activity (causing death) 83.231(4) None No
Break and enter to steal firearm 98(4) None No
Robbery to steal firearm 98.1 None No
Causing death by criminal negligence (involving the use of a firearm) 220(a) 4 years No
Negligence causing death (no firearm) 220(b) None No
Manslaughter (involving use of a firearm) 236(a) 4 years No
Manslaughter (not involving use of a firearm) 236(b) None No
Killing unborn child in act of birth 238 None No
Attempted Murder (with restricted or prohibited firearm) 239(1)(a)(i) and (ii) 5 or 7 years with prior No
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm) 239(1)(a.1) 4 years No
Attempt to commit murder (no use of a firearm) 239(1)(b) None No
Accessory after fact to murder 240 None No
Overcoming resistance to commission of offence 246 None No
Interfere with transportation likely to cause death 248 None No
Manslaughter (Failure to safeguard ice opening or excavation resulting in death) 236, 263(3)(a) None No
sexual assault with a weapon or causing bodily harm, victim under 16
From July 17, 2015
272(2)(a.2) 5 years jail Yes (s. 718.3(7))a
Aggravated sexual assault victim under 16 years
From November 6, 2012
273(2)(a.2) 5 years jail Yes (s. 718.3(7))a
Aggravated sexual assault with restricted firearm or for a criminal organization 273(2)(a)(i) and (ii) 5 or 7 years with prior No
Aggravated sexual assault with a non restricted firearm 273(2)(a.1) 4 years No
Aggravated sexual assault without a firearm 273(2)(b) None No
Kidnapping, trafficking in persons, hostage taking and abduction with restricted firearm etc or for a criminal organization 279(1.1)(a)(i) and (ii) 5 or 7 years with prior No
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm 279(1.1)(a.1) 4 years No
Kidnapping, trafficking in persons under the age of 16, hostage taking and abduction
From June, 2013
279(1.1)(a.2)
From June 23, 2013
5 years No
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm 279(1.1)(b) None No
Hostage taking with restricted firearm or for benefit of criminal organization 279.1(2)(a)(i) and (ii) 5 or 7 years with prior No
Hostage taking with a non-restricted firearm 279.1(2)(a.1) 4 years No
Hostage taking (without aggravating elements) 279.1(2)(b) None No
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death) 279.01(1)(a) 5 years No
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death) 279.011(a) 6 years Yes (s. 718.3(7))a
Abortion 287(1) None No
dangerous operation when accident causes death
From December 18, 2018
320.13(3), 320.21 $1,000 fine, 30 days or 90 days jail No
Operation While Impaired or Blood Concentration Over and Causing Death
From December 18, 2018
320.14(3), 320.21 $1,000 fine, 30 days or 90 days jail No
Refusal When Accident Resulting in Death
From December 18, 2018
320.15(3), 320.21 $1,000 fine, 30 days or 90 days jail No
Failure to stop after accident resulting in death
From December 18, 2018
320.16(3), 320.21 $1,000 fine, 30 days or 90 days jail No
Robbery 344 None No
Robbery with non restricted firearm 344(1)(a.1) 4 years No
Robbery with restricted firearm or for benefit of criminal organization 344(1)(a)(i) and (ii) 5 or 7 years with prior No
Stopping mail with intent to obtain 345 None No
Extortion (with restricted firearm or for the benefit of a criminal organization) 346(1.1)(a)(i) and (ii) 5 or 7 years with prior No
Extortion (with non restricted firearm) 346(1.1)(a.1) 4 years No
Extortion (no firearm or other aggravating facts) 346(1.1)(b) None No
Break and Enter into a Dwelling House 348(1)(d) None No
Mischief causing actual danger to life 430(2) None No
Explosives offence re public or government facility 431.2(2) None No
Arson (disregard for human life) 433 None No
Conspiracy to commit murder 465(1)(a) None No
Instructing commission of offence for criminal organization 467.13(1) None Yes (s. 467.14)
First or Second Degree Murder (Young Offender) 745.1 5 to 7, 10 years (variable) No
Drug Trafficking (Schedule I) CDSA 5 None No
Drug Trafficking (Schedule I), with relevant aggravating factors (crim. org., violence, weapons, prior record)
From March 13, 2012
CDSA 5 1 year No
Drug Trafficking (Schedule I), with relevant aggravating factors (near school, near or with young persons, in prison)
From March 13, 2012
CDSA 5 2 year No
Drug Trafficking (Schedule II) CDSA 5 None No
Drug Trafficking (Schedule II), with relevant aggravating factors (crim. org., violence, weapons, prior record)
From March 13, 2012
CDSA 5 1 year No
Drug Trafficking (Schedule II) with relevant aggravating factors (near school, near or with young persons, in prison)
From March 13, 2012
CDSA 5 2 year No
Importation and exportation of drugs (Schedule I), not greater than 1 kg
From March 13, 2012
CDSA 6 None No
Importation and exportation of drugs (Schedule I), not greater than 1 kg and aggravating factors
From March 13, 2012
CDSA 6 1 year No
Importation and exportation of drugs (Schedule I), greater than 1 kg
From March 13, 2012
CDSA 6 2 years No
Importation and exportation of drugs (Schedule II) CDSA 6 None No
Importation and exportation of drugs (Schedule II) with aggravating factors
From March 13, 2012
CDSA 6 1 year No

Maximum Punishment is Imprisonment for 14 Years

Offence Section Minimums Mandatory Consecutive Time
Treason (espionage while not at war) 47(2)(c) None No
Assist alien enemy 50(1)(a) and 50(2) None No
Omission to prevent treason 50(1)(b) and 50(2) None No
Intimidating Parliament 51 None No
Inciting to mutiny 53 None No
Forgery of or uttering forged passport 57(1) None No
Sedition 61 None No
Piratical acts 75 None No
Offensive weapons and explosives on aircraft 78 None No
Breach of duty of care re explosives risking bodily harm 80(b) None No
Possession of explosive with intent to destroy property or intent to endanger life 81(1)(c),(d) and 81(2)(b) None No
Possession of explosive for criminal organization 82(2) None Yes (s. 82.1)
Threats to commit an offence relating to nuclear materials 82.6 None No
Facilitating terrorist activity 83.19(1) None Yes (s. 83.26)
Leaving Canada to facilitate terrorist activity 83.191 None Yes (s. 83.26)
Leaving Canada to commit offence for terrorist group 83.201 None Yes (s. 83.26)
Leaving Canada to commit offence that is terrorist activity 83.202 None Yes (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of life 83.23(1)(a) None Yes (s. 83.26)
Using firearm in commission of offence 85(1) 1 year or 3 years with prior Yes (s. 85(3))
Using an imitation firearm in commission of offence 85(2) 1 year or 3 years with prior Yes (s. 85(3))
Bribery of judicial officers or member of a legislature 119(1) None No
Bribery of public officers 120 None No
Perjury 131, 132 None No
Witness giving contradictory evidence 136(1) None No
Fabricating 137 None No
Sexual interference 151 1 year or less jail Yes (s. 718.3(7))a
Invitation to sexual touching 152 1 year or less jail Yes (s. 718.3(7))a
Making of child pornography
after July 17, 2015
163.1(2) 1 year or less jail Yes (s. 718.3(7))a
Distribution child pornography
after July 17, 2015
163.1(3) 1 year or less jail Yes (s. 718.3(7))a
Parent or guardian procuring sexual activity under 16
From July 17, 2015
170 1 year Yes (s. 718.3(7))a
Householder permitting sexual activity under 18
From July 17, 2015
171 1 year Yes (s. 718.3(7))a
Living on the avails of prostitution of person under eighteen (no parasitic involvement) 212 2 years jail Yes (s. 718.3(7))a
Procuring involving person under 18 (with parasitic involvement) 212(2.1) 5 years jail Yes (s. 718.3(7))a
Counselling suicide 241 None No
Discharging firearms with intent to wound (with aggravated factors) 244(2)(a)(i) and (ii) Minimum of 5 or 7 years with prior No
Discharging firearms with intent to wound, maim, etc. (without aggravating factors) 244(2)(b) 4 years jail No
Causing bodily harm with air gun with intent 244.1 None No
Discharging firearm — recklessness (without aggravating factors 244.2 4 years jail No
Discharging firearm — recklessness (with aggravating factors 244.2 Minimum of 5 or 7 years with prior No
Administer noxious thing with intent to endanger life 245(1)(a) None No
Keep trap and cause bodily harm in place to commit offence 247(4) None No
Aggravated Assault 268 None No
Torture 269.1 None No
Aggravated assault of peace officer 270.02 None Yes (s. 270.03)
Sexual Assault Sexual assault with restricted firearm etc weapon, threats to a third party or causing bodily harm 272(2)(a) Minimum of 5 or 7 years with prior No
Sexual assault with a firearm that is not restricted, etc, threats to a third party or causing bodily harm 272(2)(a.1) 4 years jail No
Sexual assault with a weapon (no aggravating elements) 272(2)(b) None No
Sexual assault causing bodily harm (no aggravating elements) 272(2)(b) None No
Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm 272(2)(b) None No
Trafficking in persons (without enumerated aggravating factors) 279.01(2) 4 years No
Trafficking in persons under the age of 18 years (without enumerated aggravating factors) 279.011(b) 5 years No
Profiting from trafficking in persons 279.02(2) 2 years No
Material benefit from sexual services — person under 18 years 286.2(2) 2 years jail No
Procuring — person 18 years or over 286.3 None No
Procuring — person under 18 years 286.3 5 years jail No
Breach of trust 336 None No
Trafficking in stolen property over $5,000 355.2, 355.5 None No
Poss'n for the purpose of trafficking in stolen property over $5,000 355.4, 355.5 None No
Offence involving exchequer bill paper, public seal 369 None No
Drawing document without authority 374 None No
Obtaining instrument based on forged document 375 None No
Counterfeiting stamp 376(1) None No
Counterfeiting mark 376(2) None No
Fraud Over $5,000
after September 1, 2004
380(1)(a) 2 years jail (over $1 mill., s. 380(1.1)) No
Fraud involving a testamentary instrument 380(1)(a) None No
Fraud affecting public markets of stocks, etc. 380(2) None No
Sale of defective stores to Her Majesty 418(1) None No
Participation in fraud re sale of defective stores 418(2) None No
Intimidation of a justice system participant 423.1 None No
Attack on premises, residence or transport of internationally protected person 431 None No
Attack on premises, residence or transport of U.N. or associated personnel 431.1 None No
Arson — damage to property 434 None No
Arson causing damage to property (w/out disregard for life as in 433) 434 None No
Arson causing damage to own property (w disregard for life as in 433) 434.1 None No
Make counterfeit money 449 None No
Possession of counterfeit money 450 None No
Use of counterfeit money 452 None No
Clip or utter coin 455 None No
Possession of materials for counterfeiting 458 None No
Conveying instruments for counterfeiting from mint 459 None No
Attempt or accessory to indictable offence punishable by life imprisonment 463(a) None No
Commission of offence for criminal organization 467.12(1) None Yes (s. 467.14)
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking) CDSA 7(2)(b) 6 months No
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 9 months No
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking) CDSA 7(2)(b) 1 year No
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 18 months No
drug production (cannabis) (greater than 500 plants for purpose of trafficking) CDSA 7(2)(b) 2 years No
drug production (cannabis) (greater than 500 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 3 years No

Maximum Punishment of 10 Years

Offence Section Minimums Mandatory Consecutive Time
Provide or collect property to further terrorism 83.02 None Yes (s. 83.26)
Provide property or services to further terrorism 83.03 None Yes (s. 83.26)
Use or possession of property to further terrorism 83.04 None Yes (s. 83.26)
Participation in terrorist activity 83.18 None Yes (s. 83.26)
Leaving Canada to participate in activity of terrorist group 83.181 None Yes (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of 14 years or less 83.23(1)(b) None Yes (s. 83.26)
HarbouringConcealing person who is likely to carry out terrorist activity 83.23(2) None Yes (s. 83.26)
Possession of firearm knowing its possession is unauthorized 92(1) 1 year (if one prior); 2 years less a day (if two or more prior) No
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized 92(2) 1 year (if one prior); 2 years less a day (if two or more prior) No
Weapons Trafficking (with any aggravating elements made out) 99(2)(a) and 99(2)(b) 3 or 5 years jail with prior No
Weapons trafficking (w/out aggravating factors) 99(3) 1 year No
Possession for purpose of weapons trafficking (with any aggravating elements made out) 100(2)(a) and 100(2)(b) 3 or 5 years jail with prior No
Possession for purpose of weapons trafficking ((w/out aggravating factors) 100(3) 1 year No
Knowingly importing or exporting of unauthorized firearms (with aggravating factors) 103(2)(a) and 103(2)(b) 3 or 5 years jail with prior No
Knowingly importing or exporting unauthorized firearms (w/out aggravating factors) 103(2.1) 1 year jail No
Procuring 212(1) None No
Dangerous operation of motor vehicle cause bodily harm 249(3) None No
Failure to stop at scene of accident (bodily harm) 252(1.2) None No
Impaired Driving and Over 80 Causing Bodily Harm 255(2), (2.1), (2.2) $1,000 fine, 30 days, 120 days No
Blood alcohol over legal limit while causing bodily harm 255(2.1) $1,000 fine, 30 days or 90 days jail No
Failure to provide sample and bodily harm 255(2.2) $1,000 fine, 30 days or 90 days jail No
Withholding or destroying documents in respect of human trafficking, persons under 18 years 279.03(2) 1 year No
Obtaining sexual services for consideration from person under 18 years 286.1(2) 6 months or 1 year No
Theft over $5,000 or testamentary instrument 334(a) None No
Possession of stolen goods over $5,000 or testamentary instrument 355(a) None No
Theft from mail 356(1) None No
Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years 465(1))(b)(i) None No
Drug Trafficking (Schedule III) CDSA 5 None No

Maximum Punishment of 7 years

Offence Section Minimums Consecutive Time
Attempt or accessory to indictable offence punishable by 14 years 463(b) varies varies
Drug production (Cannabis) CDSA 7(2)(b) None No

Maximum Punishment is Imprisonment for 5 Years

Offence Section Minimums Consecutive Time
Counselling commission of terrorism offence 83.221 None Yes (s. 83.26)
Set trap likely to cause bodily harm 247(1) None No
Hate propaganda 318(1) None No
Recruitment of members by a criminal organization 467.111 None Yes (s. 467.14)
Recruitment of members under the age of 18 by a criminal organization 467.111 6 months Yes (s. 467.14)

Maximum Punishment is Imprisonment for 5 Years Less a Day

Offence Section Minimums Mandatory Consecutive Time
Drug trafficking (Schedule II), Cannabis resin (<=1 g) or Cannabis (<=30 g) CDSA 5(4) None No

Maximum Punishment is Imprisonment for 2 Years

Offence Section Minimums Mandatory Consecutive Time
Book-making (if no prior offences) 202(2)(a) None No
Book-making 202(2)(b) and 202(2)(c) 14 days or 3 months jail No
Placing bets for others (if no prior offences) 203(d) None No
Placing bets for others 203(e) and 203(f) 14 days or 3 months jail No

Maximum Punishment is Imprisonment for 18 Months

Offence Section Minimums Mandatory Consecutive Time
Drug possession (Schedule IV) CDSA 4(7) None No


Previous

See Also

References

List of Straight Indictable Offences (Previous)

Straight Indictable Offences

See also: List of Straight Indictable Offences

Maximum Punishment of Life

Offence Section Minimums Mandatory Consecutive Time
Keep trap and cause death in place to commit offence
Until September 19, 2019
247(1) and 247(5) None No
Flight from police cause death
Until December 18, 2018
249.1(3), (4)(b) None No
Cause death by criminal negligence (street racing)
Until December 18, 2018
249.2 None No
Cause death by dangerous driving (street racing)
Until December 18, 2018
249.4(4) None No
Failure to stop at scene of accident (victim dead or reckless as to death)
Until December 18, 2018
252(1.3) None No
Impaired driving causing death
Until December 18, 2018
255(3) $1,000 fine, 30 days or 90 days jail No
Blood alcohol level over .08 and death
Until December 18, 2018
255(3.1) $1,000 fine, 30 days or 90 days jail No
Fail to provide breath sample and death
Until December 18, 2018
255(3.2) $1,000 fine, 30 days or 90 days jail No
Importation and exportation of drugs (Schedule I)
1996 to March 13, 2012
CDSA 6 None No
drug production (Schedule I)
1996 to March 13, 2012
CDSA 7(2)(a) None No
drug production (Schedule II)
1996 to March 13, 2012
CDSA 7(2)(a) None No
drug production (Schedule I)
From March 13, 2012
CDSA 7(2)(a) 2 years No
drug production (Schedule I)
From March 13, 2012
CDSA 7(2)(a) 3 year (if agg. factors made out) No
drug production (Schedule II), for purpose of trafficking
From March 13, 2012
CDSA 7(2)(a.1) 1 year No
drug production (Schedule II), for purpose of trafficking
From March 13, 2012
CDSA 7(2)(a.1) 18 months (if agg. factors made out) No

Maximum Punishment is Imprisonment for 14 Years

Offence Section Minimums Mandatory Consecutive Time
Incest
From August 9, 2012
155 5 years (if victim under age of 16) No
Incest
1985 to August 9, 2012
155 None No
sexual assault with a weapon or causing bodily harm, victim under 16
August 9, 2012 to July 17, 2015
272(2)(a.2) 5 years jail No
Dangerous operation of motor vehicle cause death
Until December 18, 2018
249(4) None No
Flight from police cause bodily harm
Until December 18, 2018
249.1(3), (4)(a) None No
Cause bodily harm by criminal negligence (street racing)
Until December 18, 2018
249.3 None No
Cause bodily harm by dangerous driving (street racing)
Until December 18, 2018
249.4(3) None No
Public servant refusing to deliver property 337 None No

Maximum Punishment of 10 years

Offence Section Minimums Consecutive Time
Sabotage
Until September 19, 2019
52(1) None No
Concealing identity during a riot
Until September 19, 2019
65(2) None No
Obstruct justice with elements of aggravation
Until September 19, 2019
139(2) None No
Prison Breach
Until September 19, 2019
144 None No
Parent or guardian procuring sexual activity under 16
August 9, 2012 to July 17, 2015
170(a) 1 year jail No
Criminal negligence causing bodily harm
Until September 19, 2019
221 None No
Set trap and actually cause bodily harm
Until September 19, 2019
247(2) None No
Keep trap to cause bodily harm to commit offence
Until September 19, 2019
247(3) None No
Impeding attempt to save life
Until September 19, 2019
262 None No
Profiting from trafficking in persons
Until September 19, 2019
279.02(1) None No
Abduction of person under fourteen (other than parent or guardian)
Until September 19, 2019
281 None No
Material benefit from sexual services
Until September 19, 2019
286.2(1) None No
Theft of cattle
Until September 19, 2019
338(2) None No
Destroying documents of title
Until September 19, 2019
340 None No
Possession of break-in instruments
Until ??
351(1) None No
Disguise with intent
Until September 19, 2019
351(2) None No
Bring into Canada property obtained by crime
Until September 19, 2019
357 None No
False pretence over $5,000 or involving a testamentary instrument
Until September 19, 2019
362(2)(a) None No
Fraudulent manipulation of stock exchange deals
Until September 19, 2019
382 None No
Prohibited insider trading
Until September 19, 2019
382.1(1) None No
Offences in relation to mines
Until September 19, 2019
396(1) None No
False prospectus
Until September 19, 2019
400(1) None No
Threat against U.N. or associated personnel
Until September 19, 2019
424.1 None No
Arson for fraudulent purpose
Until September 19, 2019
435(1) None No
Interference with signal, buoy or sea-mark used for the purpose of navigation
Until September 19, 2019
439(2) None No
Breach of long-term supervision order
Until September 19, 2019
753.3 None No


Maximum Punishment of 10 years less a day

Offence Section Minimums Consecutive Time
Assist in Drug Production
2011 to May 18, 2017
CDSA 7.1 None No


Maximum Punishment is Imprisonment for 5 Years

Offence Section Minimums Mandatory Consecutive Time
Possession of forged passport
Until September 19, 2019
57(3) None No
Offences respecting military stores
Until September 19, 2019
62 None No
Unlawful training or drilling of milita
Until September 19, 2019
70 None No
Possession of explosive without lawful excuse
Until September 19, 2019
82(1) None No
Fraud on government
Until September 19, 2019
121(3) None No
Breach of trust by public officer
Until September 19, 2019
122 None No
Bribing municipal official
Until September 19, 2019
123(1) None No
Influencing municipal official
Until September 19, 2019
123(2) None No
Selling or purchasing office
Until September 19, 2019
124 None No
Influencing appointment in office
Until September 19, 2019
125 None No
Corruptly taking reward
Until September 19, 2019
142 None No
Rescue or permitting escape
Until September 19, 2019
147 None No
Aid prisoner of war to escape
Until September 19, 2019
148 None No
Parent or guardian procuring sexual activity under 16
February 28, 2008 to August 9, 2012
170(a) 6 months jail Yes (s. 718.2(7))a
Parent or guardian procuring sexual activity under 14
November 1, 2005 to February 28, 2008
170(a) 6 months jail No
Parent or guardian procuring sexual activity under 18 but at least 16
August 9, 2012 to July 17, 2015
170(b) 6 months jail No
Householder permitting sexual activity under 16
July 2, 2008 to July 17, 2015
171(a) 6 months jail No
Householder permitting sexual activity under 14
November 1, 2005 to July 2, 2008
171(a) 6 months jail No
Indignity or neglect of dead body
Until September 19, 2019
182 None No
Intercept of Private Communications
Until September 19, 2019
184 None No
Interception of communication
Until September 19, 2019
184(1) None No
Interception of radio-based telephone communications
Until September 19, 2019
184.5(1) None No
Communicating with under 18 for prostitution [Repealed] 212(4) 6 months jail No
Infanticide
Until September 19, 2019
237 None No
Neglect to obtain assistance and concealing birth
Until September 19, 2019
242 None No
Set trap likely to cause bodily harm 247(1) None No
Unworthy vessel or aircraft 251(1) None No
Withholding or destroying documents in respect of human trafficking - victim 18 years and above
Until September 19, 2019
279.03(1) None No
Abduction of person under 16
Until September 19, 2019
280(1) None No
Bigamy
Until September 19, 2019
291(1) None No
Procuring feigned marriage
Until September 19, 2019
292(1) None No
Polygamy
Until September 19, 2019
293(1) None No
Forced marriage
Until September 19, 2019
293.1 None No
Marriage under age of 16 years
Until September 19, 2019
293.2 None No
Publishing defamatory libel knowing it to be false
Until September 19, 2019
300 None No
Extortion by libel
Until September 19, 2019
302(3) None No
Hate propaganda 318(1) None No
Fraud respecting cattle
Until September 19, 2019
338(1) None No
Drift timber fraud
Until September 19, 2019
339(1) None No
Obtaining execution of valuable security by fraud
Until September 19, 2019
363 None No
Offence involving counterfeit proclamation by Government
[Repealed, 2018, c. 29, s. 42]
370 None No
Telegram in false name
[Repealed, 2018, c. 29, s. 42]
371 None No
Damaging documents
Until September 19, 2019
377(1) None No
Offences in relation to registers
Until September 19, 2019
378 None No
Gaming in stock or merchandise
Until September 19, 2019
383(1) None No
reducing stock by selling for own account
Until September 19, 2019
384 None No
Fraudulent registration of title
Until September 19, 2019
386 None No
Fraud in relation to valuable minerals by holder of lease or licence
Until September 19, 2019
394(1) None No
Sale of valuable mineral save by lawful authority
Until September 19, 2019
394(2) None No
Purchase of valuable mineral save from owner
Until September 19, 2019
394(3) None No
Possession of stolen or fraudulently obtained valuable minerals
Until September 19, 2019
394.1(3) None No
Falsification of books and documents
Until September 19, 2019
397(1) None No
Participation in falsification of books and docs
Until September 19, 2019
397(2) None No
False return by public officer
Until September 19, 2019
399 None No
Acknowledging instrument in false name
Until September 19, 2019
405 None No
Threat against an internationally protected person
Until September 19, 2019
424 None No
Secret commission
Until September 19, 2019
426(3) None No
Arson by negligence
Until September 19, 2019
436(1) None No
Possession of incendiary material
Until September 19, 2019
436.1 None No
Interference with saving of wrecked vessel
Until September 19, 2019
438(1) None No
Occupant injuring building
Until September 19, 2019
441 None No
Interfere with international boundary line
Until September 19, 2019
443(1) None No
Having clippings for gold without justification
Until September 19, 2019
451 None No
Advertising and dealing in counterfeit money
Until September 19, 2019
460(1) None No
Conspiracy to commit an indictable offence punishable by less than 14 years
Until September 19, 2019
465(1)(b)(ii) None No
Participation in activities of criminal organization
Until September 19, 2019
467.11(1) None Yes (s. 467.14)
Recruitment of members by a criminal organization 467.111 None Yes (s. 467.14)
Recruitment of members under the age of 18 by a criminal organization 467.111 6 months Yes (s. 467.14)

Maximum Punishment is Imprisonment for 2 Years

Offence Section Minimums Mandatory Consecutive Time
Fraudulent use of citizenship certificate
Until September 19, 2019
58(1) None No
Participating in a riot
Until September 19, 2019
65(1) None No
Peace officer’s neglect in riot situation
Until September 19, 2019
69 None No
Duelling
Until December 13, 2018
71 None No
Disobeying a statute where no other set sentence
Until September 19, 2019
126(1) None No
Misconduct by officers executing process
Until September 19, 2019
128 None No
False affidavits
Until September 19, 2019
138 None No
Compounding indictable offence
Until September 19, 2019
141(1) None No
Permitting or assisting escape
Until September 19, 2019
146 None No
Parent or guardian procuring sexual activity under 18 but at least 16
February 28, 2008 to August 9, 2012
170(b) 45 days jail No
Parent or guardian procuring sexual activity under 18 but at least 16
November 1, 2005 to February 28, 2008
170(b) 45 days jail No
Householder permitting sexual activity under 18 but at least 16
August 9, 2012 to July 17, 2015
171(b) 90 days jail No
Householder permitting sexual activity under 18 but at least 16
July 2, 2008 to August 9, 2012
171(b) 45 days jail No
Householder permitting sexual activity under 18 but at least 14
(November 1, 2005 to July 2, 2008)
171(b) 45 days jail No
Corrupting children
Until September 19, 2019
172(1) None No
Obstructing or violence to or arrest of officiating clergyman
Until September 19, 2019
176(1) None No
Common nuisance
Until September 19, 2019
180(1) None No
Spread false news
Repealed s. 2019, c. 25, s. 62
181 None No
Possession of equipment for wiretapping illegally
Until September 19, 2019
191(1) None No
Disclosure of information from wiretap
Until September 19, 2019
193(1) None No
Disclosure of information from wiretap
Until September 19, 2019
193.1(1) None No
Keeping gaming or betting house
Until September 19, 2019
201(1) None No
Lotteries Offences respecting lotteries
Until September 19, 2019
206(1) None No
Cheating at play
Until September 19, 2019
209 None No
Keeping common bawdy-house
Repealed
210(1) None No
Concealing body of child
Until September 19, 2019
243 None No
Administering a Noxious Substance (with intent to aggrieve or annoy that person)
Until September 19, 2019
245(1)(b) None No
Female person aborting pregnancy [repealed, 2019] 287(2) None No
Supplying noxious thing to produce miscarriage
Until December 13, 2018
288 None No
Pretending to solemnize marriage
Until September 19, 2019
294 None No
Solemnizing marriage contrary to law
Until September 19, 2019
295 None No
Publishing defamatory libel (not aggravating under s. 300)
Until September 19, 2019
301 None No
Possess device to obtain telecommunication service
Until ??
327(1) None No
Fraudulent concealment
Until September 19, 2019
341 None No
Possession of instruments to break into coin machines
Until September 19, 2019
352 None No
Sale of automobile master key
Until September 19, 2019
353(1) None No
False message
Until March 9, 2015
372(1) None No
Using mails to defraud
Until September 19, 2019
381 None No
Fraudulent concealment of title documents
Until September 19, 2019
385(1) None No
Fraudulent sale of real property
Until September 19, 2019
387 None No
Misleading receipt
Until September 19, 2019
388 None No
Fraudulent disposal of goods on which $ advanced
Until September 19, 2019
389(1) None No
Fraudulent receipts under Bank Act
Until September 19, 2019
390 None No
Disposal of property to defraud creditors
Until September 19, 2019
392 None No
Fraud in relation to fares
Until September 19, 2019
393(1) None No
Offering advantage to avoid paying fare
Until September 19, 2019
393(2) None No
Trader failing to keep accounts 402(1) None No
Applying or removing marks without authority
Until September 19, 2019
417(1) None No
Remove natural bar without permission
Until September 19, 2019
440 None No
Utter counterfeit coin
Until September 19, 2019
453 None No

List of Summary Conviction Offences

See also: Offences by Penalty, List of Hybrid Offences, and List of Straight Indictable Offences


Maximum Punishment is Imprisonment for 2 Years Less a Day ("summary conviction")

Offence Section Maximum Fine Minimums Consecutive Time
Assisting deserter 54 $5,000* None No
Offences respecting RCMP members 56 $5,000* None No
Unlawful assembly 66(1) $5,000* None No
Prize fights 83(1) $5,000* None No
Carrying weapon while attending public meeting 89(2) $5,000* None No
False statement 134(1) $5,000* None No
Nudity 174(1) $5,000* None No
Causing a Disturbance 175(1) $5,000* None No
Disturb religious worship 175(2) and 175(3) $5,000* None No
Disturbing religious worship or certain meetings 176(2) $5,000* None No
Offence Section Maximum Fine Minimums Consecutive Time
Trespassing at Night 177 $5,000* None No
Vagrancy 179(2) $5,000* None No
Found in in common gaming or betting house 201(2) $5,000* None No
Lottery offence involving ticket 206(4) $5,000* None No
Offences involving permitted lottery scheme 207(3)(b) $5,000* None No
Offences involving permitted lottery scheme (on ship) 207.1(3)(b) $5,000* None No
Found-in in bawdy-house 210(2) $5,000* None No
Transporting person to bawdy-house 211 $5,000* None No
Stopping or Impeding Traffic by Prostitution 213(1) $5,000* None No
Offence Section Maximum Fine Minimums Consecutive Time
Soliciting Near Children 213(1.1) $5,000* None No
Not safeguarding opening in ice or excavation of land 263(3)(c) $5,000* None No
Breach of publication prohibition re 276.1 applications 276.3(2) $5,000* None No
Breach of publication prohibition re s. 278.3 applications 278.9(2) $5,000* None No
Operation with low blood drug concentration
From December 18, 2018
320.14(4) $1,000 None No
Take auto without consent 335(1) $5,000* None No
Unlawful timber marks dealings 339(2) $5,000* None No
Failure to record sale of automobile master key 353(4) $5,000* None No
Fraud in obtaining food, beverage or lodging 364(1) $5,000* None No
Offence Section Maximum Fine Minimums Consecutive Time
Fraudulently obtaining transportation 393(3) $5,000* None No
Falsifying employment record 398 $5,000* None No
Obtaining carriage by false billing 401(1) $5,000* None No
Personation at examination 404 $5,000* None No
Unlawful use of military uniforms or certificates 419 $5,000* None No
Offences by employers re union activity 425 $5,000* None No
Wilful interference with attempts to save wreck 438(2) $5,000* None No
Interference with marine signal 439(1) $5,000* None No
Interfere with boundary line 442 $5,000* None No
Offences concerning aquatic mammals 445.2(5) "$200,000" None No
Offence Section Maximum Fine Minimums Consecutive Time
Breach of prohibition order re possession of animals 447.1(2) $5,000* None No
Possession of slugs and tokens 454 $5,000* None No
Deface current coin 456 $5,000* None No
Creating likeness of bank-notes 457(3) $5,000* None No
Importing or exporting instruments or literature for illicit drug use 462.2(a) $100,000 None No
Breach of proceeds of crime restraint order 462.33(11) $5,000* None No
Conspiracy (Offence) 465(1)(d) $5,000* None No
Failure to comply with order restricting publication of ID and evidence etc re child sexual violence etc 486.4 and 486.6(1) $5,000* None No
Failure to comply with order restricting publication of evidence etc re justice system participants 486.5 and 486.6(1) $5,000* None No
use of seized bodily substances for other than DNA analysis 487.08(3) $5,000* None No
Offence Section Maximum Fine Minimums Consecutive Time
failure to comply with a preservation demand 487.0197 "$5,000" None No
financial institution that fails to comply with production order 487.0198 "$250,000" None No
failure to comply with a data preservation demand 487.0199 $5,000* None No
Breach of SOIRA Order, failing to notify of identity and address 490.0312 $5,000* None No
use of DNA analysis for improper purposes 487.08(3) $5,000* None No
Breach of restriction on publication of search warrant (unconstitutional) 487.2 $5,000* None No
Breach of restraint order under 490.9 490.8(9) $5,000* None No
Breach of non-publication order from show cause 517(2) $5,000* None No
Breach of non-publication order at preliminary 539(3) $5,000* None No
Breach of restriction of publication of reports of preliminary inquiry 542(2) $5,000* None No
Offence Section Maximum Fine Minimums Consecutive Time
Breach of non-publication order in jury trial 648(2) $5,000* None No
Disclosure of jury information 649 $5,000* None No
Breach of limitation re information that prior verdict of NCR 672.37(3) $5,000* None No
Order restricting publication re certain offences before Review Board 672.501(11) $5,000* None No
Breach of prohibition on use of bodily substance under a probation order 732.11 $5,000* None No
Breach of prohibition on use of bodily substance under a conditional sentence order 742.31 $5,000* None No
Breach of a prohibition on use or disclosure of bodily substance or results of analysis obtained by a peace bond 810.4(4) $5,000* None No
Drug possession (Schedule II), Cannabis resin (1 g), Cannabis (30 g) or more CDSA 4(5) "one thousand dollars" None No

Maximum Punishment is Imprisonment for 90 days

Offence Section Maximum Fine Minimums Consecutive Time
Contempt of court 708 $100 None No

Previous

Maximum Punishment is Imprisonment for 12 Months

Offence Section Maximum Fine Minimums Consecutive Time
Importing or exporting instruments or literature for illicit drug use (second or subsequent offence) 462.2(b) $300,000 None No


Maximum Punishment is Imprisonment for 6 Months

Offence Section Maximum Fine Minimums Consecutive Time
Advertising reward or immunity 143 $5,000* None No
Offensive volatile substance 178 $5,000* None No
Failure to keep watch on person towed 250(1) $5,000* None No
Towing of person by vessel after dark 250(2) $5,000* None No
Breach of prohibition on use of bodily substance under a s. 258 sample demand 258.1(1),(2), and (5) $5,000* None No
Pretending to practice witchcraft 365 $5,000* None No
False claim of royal warrant 413 $5,000* None No
Trading stamp offence by non-merchant 427(1) $5,000* None No
Trading stamp offence by merchant 427(2) $5,000* None No

References

Guilty Plea Checklist

Checklist

See also: Precedents, Court Forms and Checklists
UNDERSTAND WAIVED RIGHTS
  • Waiver of right to a trial, including a jury trial for indictable offences
  • Waiver of the presumption of innocence
  • Waiver of the Crown burden to prove the essential elements of the offence beyond a reasonable doubt
  • Waiver of right to challenge procedure, including all procedural Charter rights
  • Waiver of all rights of appeal, except appeal of the sentence
  • Limited waiver of the right to bail
RETAINED RIGHTS
  • Right to dispute the facts as they are alleged outside of bare essential elements of proof
  • Right to dispute penalties advanced by the Crown
  • Personal right to review full disclosure (ie. all relevant materials)
  • Right to address the judge before sentence is passed
  • Right to apply for a Pardon (select offences)
ANALYSIS OF CASE WITH CLIENT BEFORE ENTERING PLEA
  • Opportunity to review all relevant materials
  • Explain of essential elements of the offence
  • Aware of all defences that have an “air of reality”
  • Review Agreed Statement of Fact (if any)
  • Discuss Merits of the Crown and Defence cases
  • sufficient time to review the evidence, elements of proof and defences
INFORM CLIENT BEFORE ENTERING PLEA
  • Aware that judge has final say on sentence, including ancillary orders, etc.
  • The plea must be voluntary (not oppressive or coerced)
  • The plea must be unconditional and unequivocal
  • Position of the Crown on penalty (if known)
  • Procedure for Guilty Plea, including inquiry from judge under s. 606(1.1)
DIRECT CONSEQUENCES OF SENTENCING
  • Crown right to seek revocation of bail upon finding of guilt
  • Maximum penalty for each count and possibility of consecutive penalties per count
  • Available and unavailable sentencing options (e.g. discharges or conditional sentence orders)
  • Maximum and minimum penalties for the offences
  • Expected ranges
  • Potential Ancillary Orders including:
    • Weapons Prohibition
    • Section 161 Order
    • Driving Prohibition
    • Forfeiture of property seized
    • SOIRA Sex Offender Registry
    • DNA Order
    • Victim Fine Surcharge
    • Restitution, as part of probation or as “stand-alone”
    • Fine-in-Lieu of Forfeiture including penalties in default
  • Also discuss the duration of the order and the ability to terminate the order early.
  • The possibility of Crown seeking a Long-Term Offender Order or a Dangerous Offender Order
OTHER CONSEQUENCES OF GUILTY PLEA
  • Potential of movement of offender between jails or even out of province in federal penitentiary
  • Immigration consequences, including deportation upon completion of term of custody
  • Provincial Motor Vehicle Act consequences and effect on insurance premiums
  • Provincial Sex Offender registry
  • Restrictions on international travel
  • Impact family court proceedings (custody and access to children; apprehension of children)
  • Impact on civil lawsuit proceedings
  • Impact on employment, including professional licensing
  • Impact on education program eligibility
  • Effect on retention of youth criminal record

See Also

Precedents

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.


Templates and Precedents

See also: Precedents, Court Forms and Checklists

To use any of these templates, copy/paste the template into a word processor and then adjust formatting accordingly. Many jurisdictions have official templates for their applications that would likely be preferred. These templates do not necessarily conform with the preferred style for each jurisdiction. Changes may be necessary to conform with the local jurisdiction's Rules of Court.

Court Filing Precedent

Court Forms

Substantive Precedents

Sentencing

See Also

Precedents, Court Forms and Checklists

Note that format and content requirements vary between jurisdictions. See Rules of Court.

Checklists

Precedents

Official Court Forms (includes Notices, Orders, and supporting docs)

Newfoundland and Labrador

New Brunswick

Nova Scotia

Ontario
Manitoba
Alberta
British Columbia

Form of Charges

Criminal Code Forms

Tools

See Also

Precedent - Appeals

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Court of Appeal


NOTICE OF APPEAL NOTICE OF LEAVE TO APPEAL

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPEAL
(Crown appeal against acquittal)
OR
(Accused appeal against conviction)




TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone.

OR

TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of .....

The grounds for appeal are:

That the learned trial judge erred in law by ....

UPON such further or other grounds as counsel may advise.


The relief sought is:

THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate.

FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO:

The Registrar, Court of Appeal
[address of the court of appeal]

AND TO:

[the name of the respondent], the Respondent herein

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AND NOTICE OF APPEAL




PARTICULARS OF SENTENCE

Place of Trial:

[court, city, province]
Name of Judge: The Honourable Mr./Mrs. Justice

Offence(s) of which Accused

Convicted: [name of offence(s)]
Section(s) of Criminal Code or other Statute under which Accused Charged: [section(s)]
Plea at Trial: [guilty / not guilty]
Length of Trial: [not applicable / X hours / X days]
Sentence Imposed:

[list all sentencing orders]

Date of Conviction [date of conviction or guilty plea]
Date of Sentence: [date of sentence]


TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of
[province], applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence.

The grounds of appeal are:

The sentence is manifestly unfit;
...
Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit.

The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially.


FOR THE PURPOSE OF THIS APPEAL/APPLICANT, THE APPELLANT/APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]


TO:

The Registrar of this Honourable Court

AND TO:

[accused / crown as the case may be]


Fresh Evidence

NOTICE OF APPLICATION FOR FRESH EVIDENCE AFFIDAVIT

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION FOR LEAVE TO ADMIT FRESH EVIDENCE
(purusant to section 687(1) of the Criminal Code)




TAKE NOTICE

AND FURTHER TAKE NOTICE

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]


Summary Conviction Appeal

Precedent - Charter Applications

Generic

NOTICE OF CHARTER APPLICATION AFFIDAVIT (CHARTER)

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF CHARTER APPLICATION




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. [List sections of charter: e.g. 7, 8, 11(d)] of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case.

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

  1. [enumerate the principles that apply to the circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Section 7: Abuse of Process

Section 8: Search and Seizure

Section11 (b): Delay

NOTICE OF CHARTER APPLICATION AFFIDAVIT (CHARTER)

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF CHARTER APPLICATION




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. 11(d) of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that the proceedings are ordered to be stayed pursuant to s. 24(1) of the Charter.

WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

  1. [enumerate the principles that apply to the circumstances]
  2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. On <date>, an information was sworn charging the Applicant with the offences of ...
  3. On <date>. the Applicant was arrested for the charged offences.
  4. ...
  5. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. Oral submissions of counsel;
  3. Written submissions of counsel, including a Book of Authorities;
  4. Transcripts of proceedings;
  5. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]


Challenge to Legislation

Precedent - Counsel Letters

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Disclosure Request Letter

DISCLOSURE LETTER

I have received and reviewed the initial disclosure package in the above-noted matter. I have reason to believe there exists materials of potential relevance that has not been disclosed and is required for full answer and defence. I wish to request as additional disclosure the following materials listed below.

Should any of the requested records not be in the possession of the Crown but are reasonably believed to exist, a will-say to that effect would be requested. Should any materials be in the police or Crown counsel related to this prosecution that has not be disclosed after review for relevancy and privilege, I would kindly ask that the records be identified where not otherwise clearly outlined previously, along with an indication of the reasons for withholding the record.

"Records", for the purpose of this request, include all typed or handwritten statements or notes, reports, letters, emails, memos, calendars, audio or video recordings. This would include any electronically stored records, including those that were previously deleted but are recoverable by forensic means.

I would kindly ask for disclosure of the following material records:

  1. All records relating the statements (formal or informal, recorded, reduced to writing, or otherwise) given by the following relevant persons:
    1. [list people and identify the specific format of the statement if known]
    2. ...
  2. All records that are referenced by [witness] during their interview on [date]. If present in disclosure, I would kindly appreciate that you could identify where in disclosure this could be found. These records consist of:
    1. [list the items that are mentioned in the particular statement]
    2. ...
  3. All relevant communications between AA and BB during the period of XX and YY.
Judicial Authorizations
  1. A copy of the following Information(s) to Obtain:
    1. [list the type of warrant and the date of issuance]
    2. ...
  2. A copy of the following documents reviewed by the affiant before swearing the judicial authoriation(s):
    1. [list documents referenced in the ITO as being relied up]
  3. A copy of the record or photograph of the item listed in the exhibit report from the search of [date], consisting of the following:
    1. [list items in the search exhibit list that needs to be disclosed in record-form or simply photographed, such as a real object]
Informer Evidence Supporting an ITO
  1. Any source handler notes that were created by the handler that related to information provided to the affiant prior to the swearing of the Information to Obtain. Should this request be denied on the basis of informer privilege, I would kindly ask for a list of note entries and total number of pages that satisfy this request.
Other Investigations
  1. A copy of investigative file # ________ [assuming there is a material connection to the case]
Completness of Materials
  1. Please confirm that the entire contents of XXX was provided in disclosure. If not complete, we would kindly ask for the entirety of the contents.
Legibility and Redactions
  1. The following pages of disclosure are illegible. I would kindly ask if you could provide a legible copy.
  2. The following pages of disclosure have been redacted without notation as to the reason why. Could you kindly indicate the nature of the contents and reason for redaction.


Please advise me if I can be of any assistance and can clarify anything part of this request.

Precedent - Disclosure-related Filings

Undertakings

Undertaking When Disclosing Unvetted Disclosure for Bail Undertaking When Disclosing Sensitive Electronically Materials


C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




UNDERTAKING
(Electronic Device(s)




I, ________________________________, Defence Counsel for ______________________________ in relation to Criminal charges under Section(s) ______________________ arising on or between (insert date here)_________________________, by accepting receipt of (insert device name here) ____________________ (hereinafter “device”) do hereby undertake as follows:

  • I will keep the device in my possession and control and store it in a secure place within my law offices;
  • I will not release custody of the device to any person except members of [appropriate police force], or members of the [Crown attorney office];
  • I will not permit any other lawyers or staff within my office to have access to the contents of the device;
  • I will not disclose the password for the device to anyone, except in relation to a retained expert;
  • I will only permit access to the device by an expert retained by me in accordance with the following provisions:
    • My expert will only have access to the device for the purposes of forensic examination and presentation of evidence in the trial of this matter;
    • I will take all reasonable steps to ensure that my expert uses the device in a secure manner;
    • I will ensure my expert does not copy the contents of the device except for legitimate forensic purposes;
    • Should my expert be required to copy the contents of the device for legitimate forensic purposes, I will ensure that all copies are accounted for and dealt with in accordance with the undertaking including ensuring that all copies of the contents of the device are securely erased from my expert’s computer in accordance with the terms of these undertakings;
    • Should my expert require the use of the contents of the device at their business premises located at ___________________________ for legitimate forensic purposes, I will ensure that the device is at that location for only as long as is necessary and that the device and its contents will be handled by my expert in a secure manner;
    • Prior to permitting my expert to remove the device and its contents from my premises, I will provide Crown Counsel with notice of my intention and provide Crown Counsel with all relevant information as to the means by which the device will be kept secure
  • I will not release the device to my expert without the express consent of Crown Counsel
  • I will not permit the accused to possess or control the device;
  • I will not allow any persons except my expert, and the accused while in my presence, to view the images or videos contained within the device;
  • I will not, nor will I permit any person employed at my office, to make any copies of the contents of the device except for the purposes of preparation and presentation of the defence in this matter including any appeals or retrials;
  • any copies of any portion of the contents of the device made by me or any person employed at my offices will either be returned to members of the [appropriate police] or members of the [Crown attorney], or securely erased in accordance with these undertakings;
  • I will not connect the device to the internet, either through a hardwired connection or wirelessly;
  • I will not connect a storage medium to the device;
  • for the purposes of this undertaking I understand “securely erased” means the following:
    • All the copies of the device or any portion of it will be deleted from all computers to which I have copied it;
    • I will obtain and use digital wiping software to overwrite the entirety of my computers unallocated storage space;
    • I understand the term “unallocated space” means all digital storage space contained on the computer that is not currently being used by computers operating system;
  • at the conclusion of all litigation in relation to these charges, I will return the device that was provided to me to [approrpriate police] or a member of [Crown attorney office];
  • I will erase my record of the device’s password that I have been given;
  • I will return the device promptly at any time that the Crown Counsel requests

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________________
Counsel for the Defence


_________________________________________
Witness


Stinchcombe Application

McNeil Application

Precedent - Exhibit and Brief Cover Pages

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Exhibits

EXHIBIT BOOK COVER PAGE

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




EXHIBIT BOOK #
[description of contents]




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

EXHIBIT BOOK INDEX

TABLE OF CONTENTS



Exhibits

Tab

[description]
X
[description]
X
[description]
X














Briefs

Cover of Brief

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




CROWN/ACCUSED/APPLICANT/RESPONDENT BRIEF OF LAW
On the Issue of [description of issue]




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Contents

TABLE OF CONTENTS



Page
PART I: OVERVIEW OF POSITION AND STATEMENT OF FACTS
X
1. Overview of the Position

X
a. The Offences

X
PART II: STATEMENT OF ISSUES
X
PART III: STATEMENT OF ARGUMENT
X
PART IV: ORDER SOUGHT
X
PART V: TABLE OF AUTHORITIES
X
Body of Brief
PART I: OVERVIEW

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[2] Quaesita enim virtus est, non quae relinqueret naturam, sed quae tueretur. Claudii libidini, qui tum erat summo ne imperio, dederetur. Graece donan, Latine voluptatem vocant. Tertium autem omnibus aut maximis rebus iis, quae secundum naturam sint, fruentem vivere. Recte dicis; Qua ex cognitione facilior facta est investigatio rerum occultissimarum. Quia dolori non voluptas contraria est, sed doloris privatio:

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Illis videtur, qui illud non dubitant bonum dicere -; Fortitudinis quaedam praecepta sunt ac paene leges, quae effeminari virum vetant in dolore. Videamus animi partes, quarum est conspectus illustrior; Cur igitur, cum de re conveniat, non malumus usitate loqui? Ut pulsi recurrant? Cur id non ita fit? Utinam quidem dicerent alium alio beatiorem! Iam ruinas videres. A mene tu?

[3] Graece donan, Latine voluptatem vocant. Tertium autem omnibus aut maximis rebus iis, quae secundum naturam sint, fruentem vivere. Recte dicis; Qua ex cognitione facilior facta est investigatio rerum

Table of Authorities

PART V: TABLE OF AUTHORITIES



CASE LAW

TAB
R v ...
X
R v ...
X

LEGISLATION:

TAB
...
X
...
X

SECONDARY SOURCES:

TAB
...
X
...
X

WEBSITES:

TAB
...
X
...
X



Book of Authorities Cover

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




BOOK OF AUTHORITIES
[description of the type of application]




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Authorities

TABLE OF AUTHORITIES



CASES

TAB
R v
X
R v
X
R v
X

Precedent - Forfeiture and Estreatment

Forfeiture

See also: Forfeiture Orders


Forfeiture (Generic)

NOTICE OF APPLICATION

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




FORFEITURE ORDER
(Section [section for foreiture])




Affidavit
Order


Forfeiture Under 164.2

Order

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

IN THE MATTER OF an Application by the Attorney General of [province] for an Order pursuant to section 164.2 of the Criminal Code, ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to Her Majesty the Queen in Right of [province]

BETWEEN:

HER MAJESTY THE QUEEN

Applicant

– and –

[ACCUSED NAME]

Respondent




ORDER OF FORFEITURE
(Pursuant to s. 164.2)




BEFORE THE HONOURABLE Judge [name of judge] at [city], [province].

WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND WHEREAS the accused, [accused name], has pleaded or been found guilty of one or more charges that include offences contrary to section(s) [list sections that are eligible under s. 164.2] of the Criminal Code;

AND WHEREAS the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:

1. [list items of property]
2. ...

UPON the Application of Crown counsel for an order pursuant to section 164.2 of the Criminal Code;

AND UPON HEARING from Crown counsel and counsel for the accused;

AND UPON BEING SATISFIED THAT there are no other persons who are lawfully entitled to the Property;

IT IS HEREBY ORDERED THAT the Property is hereby forfeited to Her Majesty the Queen in Right of [Province] pursuant to section 164.2 of the Criminal Code to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[name of title and judge]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Estreatment

Precedent - Generic Application

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Generic Application

Index
  • Notice of Application
  • Supporting Affidavit
  • Affidavit of Service
  • Order of Court
NOTICE OF APPLICATION/MOTION (GENERIC)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF APPLICATION/MOTION




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order allowing the Application and granting [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

AFFIDAVIT (GENERIC)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Affidavit of Service

IN THE MATTER OF AN APPLICATION PURSUANT TO

SECTION [relevant section for service] OF THE CRIMINAL CODE

AND IN THE MATTER OF [person to serve]




AFFIDAVIT OF SERVICE




I, [name], of [city], in the County of [count], Province of [province], make oath and say as follows:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. I am a member of [organization] and am a [peace officer/other designation].
  3. I did, on the ________ day of ___________, 20__, before the hour of _______ in the _____ noon, personally serve [person to serve], with true copies of the documents attached hereto to this my Affidavit, consisting of:
    1. [list the notices, and other documents served]
  4. My means of knowledge as to the identity of the person so served were as follows:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)




Acknowledgment of Service

I, [name of person accepting service], hereby acknowledge that I have received, from [organization issuing service], the within document and the attachments thereto this ___ day of __________, 20__ on behalf of [actual person needing notice], [name of actual person], and that the receipt of same constitutes valid service and notice pursuant to the relevant legislation and Rules of Court.


____________________________________ [name of person accepting service] [title of person accepting service]

DRAFT ORDER (GENERIC)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




ORDER
'




BEFORE THE HONOURABLE Judge or Justice [name of judge or justice] at [community/city], [province].

UPON the Application of counsel for [party] for an order pursuant to section [section] of the Criminal Code that ....;

WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND UPON BEING SATISFIED THAT...

IT IS HEREBY ORDERED THAT ...

FURTHER, IT IS HEREBY ORDERED THAT ...

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[name of title and judge]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Precedent - Jury Trial Filings

Notice of Challenge for Cause

See also: Challenge for Cause

Precedent - Notice to Admit Canada Evidence Act Records

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Finance and Business Records

See also: Business Records Under the Canada Evidence Act

Business Records

NOTICE TO ADMIT BUSINESS RECORDS

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO TENDER BUSINESS RECORDS
(Section 30(7) Canada Evidence Act — Business Records)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND WHEREAS he/she is scheduled to begin trial in [level of court], on [date of trial];

TAKE NOTICE THAT the Crown intends to tender into evidence at trial certain records, to wit:

  1. [list of documents] (X pages)
  2. ...

IF you wish to examine original or electronic records—as the case may be—that are to be introduced by the Crown at trial, they are in the possession of the [organization holding records], [address of the Crown], [city], [province]. Please notify the Crown should you wish to make arrangements for an inspection.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]


[Internal File Coding]

BUSINESS RECORDS AFFIDAVIT

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]
(Section 30(7) Canada Evidence Act — Business Records)




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I hold the position of [position] with [organization] and I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. My position requires me to have familiarity and knowledge of recording-keeping practices and electronic document systems of records relating to [type of records at issue].

EITHER
(where the records are copies of the original records, but the organization has kept the originals)
  1. Attached hereto as Appendix "A" ("the records"), consisting of XX pages, are true copies of the original records of the following:
    1. [description of the records] (X pages)
    2. ...
  2. The original records were made in the usual and ordinary course of business for our organization.
  3. I have personally [reviewed/copied] the original documents held by our organization and reviewed the copies sufficiently to satisfy myself as to the accuracy and authenticity of the copies.
  4. It is not reasonably practicable to produce the original records as their continued retention by our organization is necessary for purposes relating to the usual and ordinary course of business.
    OR
    (where the records were retrieved from a computer system)
  5. Attached hereto as Appendix "A" ("the records"), consisting of XX pages, are true copies of the original records of the following:
    1. [description of the records] (X pages)
    2. ...
  6. The original records were made in the usual and ordinary course of business for our organization.
  7. I personally [reviewed/retrieved] the records from our organization’s electronic document system. I attest that the records are true and accurate representations of the information stored on the system.
  8. To the best of my knowledge and experience, the electronic document system storing the records was functioning properly while I accessed it. At no time did I observe any system errors or failures in the system that could reasonably affect the integrity of the system. I do not have any reason to believe that the electronic document system was not operating properly.

OR
(where the original records are attached)
  1. Attached hereto as Appendix "A" ("the records"), consisting of XX pages, are the original records of the following:
    1. [description of the records] (X pages)
    2. ...
  2. The original records were made in the usual and ordinary course of business for our organization.
    AND CONSIDER
    (where records were created by persons who inputted data into the system)
  3. The records were created in the usual and ordinary course of business by persons who at the time of the making of the entry or records had knowledge of the circumstances or events set out therein.
  4. The information found in the record was recorded at the time specified therein and it has been produced by persons who are under a duty to produce the records in their original form.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Financial Records

Affidavit to Support Financial Records Under s. 29(3) of the Canada Evidence Act

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT]
(Pursuant to Section 29 of the Canada Evidence Act — Financial Records)




I, ______________, of [city], in the province of [province], make oath and say as follows:

  1. I am employed by the following financial institution: [name of institution], [address of instittuion], and I have konwledge of the records of the said financial institution.
  2. The financial institution is incorporated in Canada and accepts deposits from members of the public.
  3. The attached documents, marked as Appendix "A" and consisting of a total of XX pages, are true copies of the ordinary records of the financial institution. They consist of the following records:
    1. [list records] (X pages)
  4. All entries into the records were made at times when they were ordinary records of the financial institutions. All entries were made in the usual and ordinary course of business. The records are in the custody or control of the financial institution.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Precedent - Notice to Admit Criminal Code Evidence

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.


Other Notices

Hearsay Evidence in Preliminary Inquiry
Expert Evidence

Adducing Hearsay Evidence in a Preliminary Inquiry

See also: Preliminary Inquiry Evidence
Notice to Admit Evidence Under Section 540(7)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE
(Pursuant to Section 540(7) of Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that pursuant to the provisions of section 540(7) and (8) of the Criminal Code at the forthcoming preliminary inquiry scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records, particulars are as follows:

  1. ______________________________________
  2. ______________________________________
  3. ______________________________________

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

Notice to Adduce Wiretap Evidence

Notice to Tender Wiretap Evidence

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO ADDUCE WIRETAP EVIDENCE
(Pursuant to Section 196 of Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that pursuant to the provisions of section 196 of the Criminal Code at the forthcoming trial upon these charges, the Crown will introduce records obtained by warrant under Part VI of the Code, particulars are as follows:

  1. ______________________________________
  2. ...

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

Experts

Notice to Tender Expert Evidence

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF INTENTION TO CALL EXPERT WITNESS
(Section 657.3 of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that pursuant to section 657.3 of the Criminal Code at the forthcoming trial scheduled to begin on [date], the Crown will introduce evidence from an expert witness, with the particulars as follows:

(i) Name of Expert:

[name of the witness, reference to attached resume]

(ii) Area of Expertise:

[description of the area of expertise]

(iii) Summary of Opinion:

[summation of evidence, where possible reference to attached documents or reports summarizing the evidence]

AND TAKE NOTICE that Crown counsel is available should any clarification on the terms and scope of the qualifications be needed.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

Precedent - Notice to Amend Charges to Conform to Evidence

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.


Notice to Amend Charges to Conform to Evidence

NOTICE OF APPLICATION

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

Applicant

– and –

[ACCUSED NAME]

Respondent




NOTICE OF APPLICATION
(Amend Charge(s) Pursuant to Section 601(2) of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting an amendment to [list counts] of the information alleging the above-noted charges.

THE APPLICANT RELIES ON THE FOLLOW GROUNDS:

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

Precedent - Procedural Filings

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Appearance in Chambers

NOTICE TO APPEAR IN CHAMBERS

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO APPEAR IN CRIMINAL CHAMBERS




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that before a Presiding Justice of the [name of superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse],

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. [identify what is being asked for in the appearance: e.g. scheduling a hearing date(s) for a XXX Application]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

Designation of Counsel

DESIGNATION OF COUNSEL

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




DESIGNATION OF COUNSEL
(Pursuant to Section 650.01 of the Criminal Code)




I, [accused name] (DOB: [date of birth]), of [City], Province of [Province], have been charged as follows:

Name of Offence Section Offence Date(s)
__________________________________ ________ __________________________________
__________________________________ ________ __________________________________
__________________________________ ________ __________________________________

I have retained the following counsel to represent me in the above-noted charges:

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

TAKE NOTICE that I hereby designate [name of counsel], and his/her associates or clerks from time to time, to represent me with respect to all matters permitted pursuant to s. 650.01 (1) of the Criminal Code and to appear on my behalf in all court proceedings arising out of the above-noted charges except when the Court may require my attendance or when my presence is required pursuant to s. 650.01(3) of the Criminal Code.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Accused name]
ACCUSED PERSON

_______________________________
[counsel name]
DESIGNATED COUNSEL






I, [accused name], hereby revoke the above designation.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Accused name]
ACCUSED PERSON

Notice of Re-Election

See also: Defence Re-Election
Notice of Re-Election

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF RE-ELECTION




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND WHEREAS the Crown elected the accused, [accused] to be tried by way of Indictment Direct Indictment and the accused initially elected to be tried by:

Provincial Court Judge
Superior Court Judge Alone
...with a Preliminary Inquiry
Superior Court Judge with a Jury
...with a Preliminary Inquiry

AND WHEREAS this Notice is provided

More than 14 days before Trial,
14 days or less before trial,
Before the completion of the preliminary inquiry
After the completion of the preliminary inquiry
...less than 60 days after preliminary inquiry
...60 days or more after preliminary inquiry

TAKE NOTICE that the accused pursuant to Section 561 of the Criminal Code, seeks to re-elect to be tried by:

Provincial Court Judge (561(1)(a), (3), and (5))
Superior Court Judge Alone (473, 561(1)(b), (c),(2) to (5), 565(2), (3))
...with a Preliminary Inquiry
Superior Court Judge with a Jury (561(1)(b), (c), (2), (4), (5))
...with a Preliminary Inquiry

AND TAKE NOTICE that the Attorney General, as represented by counsel for Her Majesty the Queen, consent to the accused being tried by way of summary conviction.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[defence name]
Defence title






CONSENTED TO:

I, [name of crown attorney], Crown Attorney, hereby consent to the re-election to the requested level of court.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[Crown name]
Crown title


TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]


[ The notice must go to court that was anticipating the next hearing]


Notice of Application to For Testimonial Accomodation

See also: Defence Re-Election
Notice of Application for Testimonial Accomodation

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF APPLICATION
Testimonial Accomodation Under Section XXX




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].


DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Notice of Application to Amend An Information/Indictment

NB: This Notice is to the Court and CC'd to the Defence counsel.

NOTICE TO VARY CHARGES UNDER SECTION 601(2)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO VARY INDICTMENT TO CONFORM TO THE EVIDENCE
(Section 601(2) of the Criminal Code)




WHEREAS the accused, [accused name], has been charged on an [Indictment/information] that on or about [date] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code, inlcuding allegation(s) on the [Indictment/Information] reading as follows:

  • [vertabim wording of the charges that are being sought to be amended]

AND WHEREAS the accused is scheduled to begin trial in [level of court] beginning [first day of trial];

AND WHEREAS the Crown anticipates the following evidence to be adduced as part of its case:

  • [list the anticipated evidence that would support the new variation of the relevant offence]

AND WHEREAS the Crown take the position that:

  • Section 601(2) authorizes the court to amend a count on an indictment to “conform to the evidence, where there is a variance between the evidence” and “a count on the indictment”.
  • This discretionary power is guided by mandatory factors listed in s. 601(4), which the court must consider. Those factors consist of:
(a) the matters disclosed by the evidence taken on the preliminary inquiry;
(b) the evidence taken on the trial, if any;
(c) the circumstances of the case;
(d) whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) [power to amend where variance from evidence] or (3) [power to amend defective indictment]; and
(e) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.
  • These factors are designed to ensure that procedural fairness is maintained.
  • [outline the Crown's position on how a different charge fits the evidence]
  • [outline the Crown's position on the lack of prejudice]

TAKE NOTICE THAT before the closing of the Crown's case, the Crown will make application to vary the [information/indictment] to conform with the evidence heard pursuant to section 601(2) of the Criminal Code, being count XX of the [Indictment/Information] of [swearing date], such that it should read as amended:

  1. [insert new text for the particular count]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Precedent - Sexual Offence Matters

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Section 276 Application

NOTICE OF S. 276 APPLICATION AFFIDAVIT (S. 276)

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION
(Pursuant to Section 276 of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order granting leave for the Applicant to question the complainant on matters protected by s. 276 of the Criminal Code.

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:

  1. [give a narrative of the relevant portions of the offence that relates to the issue]
  2. ...

Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order pursuant to s. 276 of the Criminal Code granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[name of applicant]

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]


Waivers

WAIVER OF 278.1 PROTECTIONS



WAIVER OF RIGHTS HOLDER
(Private Records Under s. 278.1 to 278.91 of the Criminal Code)




I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Informed Waiver
  • I understand that there are rules that protect certain records under s. 278.1 to 278.91 of the Criminal Code for which I have a reasonable expectation of privacy.
  • I understand that I do not need to consent to the disclosure of the records. However, the accused has the right to bring an application to order the disclosure of these records.
  • I understand that by disclosing these records, they will no longer be private and may be tendered before a court in the course of a trial.
Legal Advice (Check one)
  • I have received independent legal advice
  • I have declined to receive independent legal advice
Consent
  • I ______________________ consent to these records being disclosed by the Prosecuting Crown to the accused and his/her counsel for the purpose of preparing for criminal proceedings against _________________ (accused name).


_____________________________
Protected Party

_____________________________
Signature

_____________________________
Date

Precedent - Shortcut to Proof

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Authentication of Documents

Affidavit Authenticating Docs in Possession

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer];
  3. My role as Support Staff I am tasked with duties including:
    1. Preparing, sending, receiving, printing, cataloguing and filing of prosecution documents, including [name of specific type documents at issue such as disclosure, court records, transcripts], in relation to [name of lawyer's] active criminal files;
    2. Requesting copies of court records and transcriptions of court hearings for [name of lawyer];
  4. I have completed the tasked duties listed above in relation to the prosecution documents in possession of my office on the matter of [name of file]
  5. I do verily believe that the following documents are true copies of the prosecution documents, including disclosure, court records, court transcripts, and other materials that I have prepared, received, printed, and/or catalogued as part of my duties in relation to the noted matter:
    1. Exhibit 1: ...
    2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]


Websites

Affidavit Authenticating Webpages

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer];
  3. My role as Support Staff I am tasked with duties including requesting, receiving, collecting and compiling records and documents, including those held by the courts, parties to proceedings, or third-parties, relevant to the proceedings against active criminal files managed by [name of lawyer];
  4. On or around [date], I was tasked with accessing and preserving a named publicly available webpage, identified by the URL web address (hereinafter "webpage"):
    1. [name of URL]
  5. On [date], I accessed the requested webpage using [name of web browser. e.g. Safari, Chrome, Internet Explorer] on my office workstation.
  6. To the best of my knowledge and experience, they were functioning properly while I accessed the webpages. At no time did I observe any system errors or failures in the systems that I believe could reasonably affect their integrity. I do not have any reason to believe that the systems I was using were not operating properly.
  7. I preserved the webpage by [printing the page, making a screenshot, or downloading the page].
  8. I do verily believe that the following documents are true copies of the preserved webpage that I viewed online on [date of access]:
    1. Exhibit 1: ...
  9. The documents fairly and accurately represent [describe the information that is claimed to be accurate] that was visible to me when accessing the webpage using the web browser. Any artifacts visible on the document do not affect [information that is claimed to be accurate]

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Google Maps and Streetview
Affidavit Authenticating Webpages

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer];
  3. My role as Support Staff I am tasked with duties including requesting, receiving, collecting and compiling records and documents, including those held by the courts, parties to proceedings, or third-parties, relevant to the proceedings against active criminal files managed by [name of lawyer];
  4. On or around March 19, 2019, I was tasked with accessing and preserving a named publicly available webpage, identified by the URL web address (hereinafter "webpage"):
    1. http://maps.google.ca
  5. On [date], I accessed the requested webpage using [name of web browser. e.g. Safari, Chrome, Internet Explorer] on my office workstation.
  6. To the best of my knowledge and experience, they were functioning properly while I accessed the webpages. At no time did I observe any system errors or failures in the systems that I believe could reasonably affect their integrity. I do not have any reason to believe that the systems I was using were not operating properly.
  7. I am able to preserve the webpage by [printing the page, making a screenshot, or downloading the page].
  8. I went online and accessed the website http://maps.google.ca. I used the interface to search for the following locations and displayed them in “satellite view”. Using the interface I am able to view the area in a standard map format or a satellite format. I am able to view the map top-down from any cardinal direction or at angles simulating a “bird’s eye” view. I located and preserved Google Map views showing following:
    1. Exhibit 1a: ...
  9. On or around the same time and place, I went online and accessed the website http://maps.google.ca. I used the interface to search for the following locations and displayed them in “street view". Using the interface, I am able to view a 360-degree panoramic photograph taken from any selected street on the map. I located and preserved Google Streetview views showing the following:
    1. Exhibit 1b: ...
  10. The documents fairly and accurately represent [describe the information that is claimed to be accurate] that was visible to me when accessing the webpage using the web browser. Any artifacts visible or cropping of edges on the document do not affect [information that is claimed to be accurate and fairly represented].

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Agreed Statement of Fact

Agreed Statement of Facts

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




Agreed Statement of Facts
[describe whether it is for trial under s. 655 or for an Application]




This statement of facts is agreed to for the purposes of providing an evidentiary record for the [type hearing]. Any text within this agreed statement of fact that would tend to paraphrase, summarize or suggest a preferred interpretation of a source document, or contradict a source document, shout not be considered agreed upon as a fact beyond dispute but rather is merely a characterization and/or interpretation that is intended to assist the Court. Further, this agreed statement of facts is to be understood and interpreted in light of any viva voce testimony on issues before the court.

It should also be stressed that nothing in this should be considered acceptance of admissibility of the supporting documents on the basis of relevancy or hearsay. The parties agree to the authenticity of the supporting documents.

Statement of Facts
  1. ...


ALL OF WHICH IS AGREED UPON

_______________________
[Counsel 1]
Counsel for [party 1]

_______________________
[Counsel 2]
Counsel for [party 2]

_______________________
[Counsel 3]
Counsel for [party 3]

Precedent - Transportation Orders

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Prisoner Transport Order

NOTICE OF APPLICATION TO TRANSPORT PRISONER

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL] COURT OF [PROVINCE]
IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE

– and –

BETWEEN:

HER MAJESTY THE QUEEN
– and –
[ACCUSED NAME]



NOTICE OF APPLICATION
'




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOW GROUNDS:

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

AFFIDAVIT (TRANSPORT)

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL] COURT OF [PROVINCE]
IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE

– and –

BETWEEN:

HER MAJESTY THE QUEEN
– and –
[ACCUSED NAME]



AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. I am aware of information, obtained through the usual and ordinary course of business and believed to be reliable, that has lead me to believe that [accused name] is currently being held in [correctional/remand facility] located at [address of correctional/remand facility], that that the prisoner is required to appear before the [level] at [location of the court house], [Province], on [date], [year], at [time] for the purpose of [purpose].
  3. I believe the ends of justice require that an order be made to bring the prisoner before the Court for that purpose.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

DRAFT TRANSPORT ORDER

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL] COURT OF [PROVINCE]
IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE

– and –

BETWEEN:

HER MAJESTY THE QUEEN
– and –
[ACCUSED NAME]



ORDER TO TRANSPORT A PRISONER
(Pursuant to Section 527 of the Criminal Code)




TO: THE SUPERINTENDENT OF THE [Name of facility], [province]

BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province].

UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code that ....;

WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND UPON IT APPEARING that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on [date], at the hour of [time] for the [type of hearing].

AND WHEREAS I am satisfied that the ends of justice require that this Order be made;

IT IS HEREBY ORDERED that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order;

FURTHER, IT IS HEREBY ORDERED that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[name of title and judge]

TO:

[Peace officer / sherriff]
[address]

AND TO:

Person in Charge of the detention facility
[address]

[Internal File Coding]

Precedent - Unsealing Authorizations

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Unsealing Records

See also: Sealing and Unsealing Judicial Authorizations
Application to Unseal Court Records

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]

- and -

IN THE MATTER OF:

A criminal investigation pursuant to sections [list sections charged] of the Criminal Code;

AND IN THE MATTER OF:

An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;

AND IN THE MATTER OF:

An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence;




NOTICE OF APPLICATION
(Ex Parte)




TAKE NOTICE that an Application is being sought for an Order granting the variation of the sealing orders to permit full access to the records by members of the public.

WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:

  1. The initial sealing order was granted on application of the investigator. The basis for the application was to protect an ongoing investigation into the alleged criminal activity of [accused] concerning [charges].
  2. The judicial authorization was executed on [date].
  3. The investigation has concluded and charges were laid on [date].
  4. The legal presumption remains against the continued sealing of any record and must be justified by the party seeking that the record remains sealed.
  5. The basis for which the initial sealing order was granted no longer exists.
  6. There are no other lawful reasons, including privilege, which exists to justify further sealing of the records.
  7. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. A copy of the charging [information/indictment] dated [date];
  2. A copy of the affidavit of [investigation], dated [date];

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order unsealing the following Sealing Orders:
JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court


DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_______________________________ [Counsel's name] [Counsels title]

[Internal File Coding]

Affidavit

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]

- and -

IN THE MATTER OF:

A criminal investigation pursuant to sections [list sections charged] of the Criminal Code;

AND IN THE MATTER OF:

An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;

AND IN THE MATTER OF:

An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence;




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. I am the lead investigator in the matter of Her Majesty the Queen versus [Accused name] (DOB: [date of birth]) concerning offences pursuant to section(s) [list sections] of the Criminal Code occurring on or about/between [date(s) of offence].
  3. I was the affiant who applied and was granted [a] judicial authorization(s) on [date(s)]. The authorization(s) [was/were] executed on [date(s)].
  4. The investigation was concluded and charges were laid on [date].
  5. I am familiar with the following [production orders/search warrants], including their supporting ITOs and sealing orders:
JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court


  1. I understand that the above-listed orders and supporting documents were sealed by the authorizing Justice at the same time as the main authorization on the basis of protecting an ongoing investigation. The investigation has now concluded with the laying of charges;
  2. I am not aware of any basis that currently exists that would justify ongoing sealing of any of the records.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

Order

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]

- and -

IN THE MATTER OF:

A criminal investigation pursuant to sections [list sections charged] of the Criminal Code;

AND IN THE MATTER OF:

An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;

AND IN THE MATTER OF:

An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence;




ORDER
(Section 487.3 of the Criminal Code)




Before the Honourable Judge/Justice Presiding:

WHEREAS on [date], a justice of the peace granted multiple judicial authorizations under [section] of the Criminal Code in relation to a criminal investigation for offence contrary to section(s) [list sections] of the Criminal Code.

AND WHEREAS the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain:

JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court


AND WHEREAS the authorizations were executed on or about [date].

UPON THE APPLICATION made by counsel for Her Majesty the Queen, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain;

UPON READING the affidavit of [investigator affidavit] dated [date];

IT IS ORDERED that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________________________ Judge of the [Level] Court of [Province]

Precedent - Various Defence Motions

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Application to Quash

NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE OF APPLICATION TO QUASH
(Section 581 of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:

  1. Authority set out in s. 581 of the Criminal Code.
  2. the [information/indictment] dated [date].
  3. [grounds consisting of reasons for granting the relief and alleged facts]
  4. ...
  5. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order granting the application and quashing the [Indictment/Information] described above.

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

AFFIDAVIT (GENERIC)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Precedent - Vary Release or Sentence Order

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Application to Vary Release

NOTICE OF APPLICATION

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION
(Variation of [Recognizance or undertaking] Pursuant to Section [x] of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOW GROUNDS:

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

AFFIDAVIT

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Application to Vary Sentence Order

Probation
NOTICE OF APPLICATION

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION
(Variation of Probation Order Pursuant to Section 732.2 of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOW GROUNDS:

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

AFFIDAVIT

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]


NOTICE OF APPLICATION

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION
(Variation of conditional sentence order pursuant to Section 742.4 of the Criminal Code)




WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOW GROUNDS:

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]

[Internal File Coding]

AFFIDAVIT

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HER MAJESTY THE QUEEN

Respondent




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Sentencing Brief (Generic)

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Briefs

Cover of Brief

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




CROWN/ACCUSED SENTENCING BRIEF




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Contents

TABLE OF CONTENTS(e)



Page
PART I: OVERVIEW
X
A.

X
i.

X
PART II: AGREED FACTS AND OTHER EVIDENCE
X
PART III: POSITIONS OF THE PARTIES
X
PART IV: GENERAL SENTENCING PRINCIPLES
X
PART V: OBJECTIVES OF SENTENCING IN THIS CASE
X
PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE
X
PART VI-A: JOINT RECOMMENDATIONS
X
PART VI-B: AVAILABLE DISPOSITIONS
X
PART VII: DISCUSSION ON APPROPRIATE SENTENCE
X
PART VIII: ANCILLARY ORDERS
X
PART IX: CONCLUSIONS
X
PART X: TABLE OF AUTHORITIES
X
Body of Brief
PART I: OVERVIEW(e)

[X] On [date], the accused [plead/was found] guilty to the commission of the following offence(s) between [date]. Specifically that he did:

(1) ... commit the offence ... contrary to s. ... of the Criminal Code.

(2) ... commit the offence of ... contrary to s. ... of the Criminal Code.

The Crown elected to proceed by indictment/summary conviction on the hybrid offences.

[X] It is the Crown/Defence position that a fit and proper sentence for the offences charged are as follows:

Count # Section Offence Name Date Range Min. Penalty Max. Penalty Sentence Requested
(Consecutive or Concurrent)
Ancillary Order(s)
1
2
Global Sentence [total duration]
Global Sentence Factoring in Totality [total duration]

[X] The terms of the conditional sentence order should be as follows:

  • Statutory conditions required by the Code.
  • [list of terms and conditions]

[X] The terms of the probation order should be as follows:

  • Statutory conditions required by the Code.
  • [list of terms and conditions]

[X] The terms of the ancillary orders should be as follows:

  • [list optional terms, including duration of ancillary orders]

[X] We decline to seek a [DNA order, SOIRA Order, etc] < * Crown brief only >

[X] The remainder of these written submissions will be organized into the following Parts:

  • PART II: Agreed Facts And Other Evidence
  • PART III: Positions Of The Parties
  • PART IV: General Sentencing Principles
  • PART V: Objectives Of Sentencing In This Case
  • PART VI: Aggravating And Mitigating Factors In This Case
  • PART VI-A: Joint Recommendations
  • PART VI-B: Available Dispositions
  • PART VII: Discussion On Appropriate Sentence
  • PART VIII: Ancillary Orders
  • PART IX: Conclusions
PART II: AGREED FACTS AND OTHER EVIDENCE(e)

A. Circumstances of the Offence

[X] The agreed facts for the purpose of sentencing are as follows:

[review narrative of allegations agreed upon]
or

[X] The agreed facts for the purpose of sentencing are set out in the Agreed Statement of Facts that will be tendered at the sentencing hearing.

or

B. Personal Circumstances


i. Reports and Assessments

[X] Once a [guilty plea/conviction] was entered, the Court ordered a Pre-Sentence Report (PSR) at the request of defence. The PSR [is still pending/has been received on [date] ]. At the request of [defence/crown], a [other type of report such as a pre-sentence sexual risk assessment, Gladue report, etc] was ordered. That report [is still pending/has been received on [date] ].

C. Victim Impact Statements

[X] The Crown made referrals on [date] to Victim Services for the following victim(s):

[X] Further efforts were made to contact the victims to notify them of their rights to file the victim impact statements and read them in court. This included ... [describe additional efforts, personal contact]

[X] Victim services informs the Crown that...

[X] As of this writing, it is unknown whether any victims have filed victim impact statements.

or

[X] We are in receipt of the written victim impact statements for [list persons]. We are of the view that the content conforms with the requirements of s. 722, except as follows:

  • [list all instances where the VIS does not conform with 722, including attacking character, assert facts, recommend a sentence, mischaracterize the law or facts, or are inflamatory]


D. Other Evidence

[X] The Crown seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es):

  • [list documents, reports, etc. that the Crown seeks to tender]

[X] The defence seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es).

  • [list documents, reports, etc. that the defence seeks to tender]
PART III: POSITIONS OF THE PARTIES(e)

[X] The parties are not in agreement on what the fit and proper sentence would be for this accused, including the appropriate form of disposition, duration of custody, the terms of probation, and ancillary orders.

OR

[X] Over the course of the proceedings the parties have negotiated a potential resolution to this matter. There is agreement on particular charges and facts to be admitted. The parties have agreed on what is believed to be a suitable sentence, subject to the Court's approval in an Anthony-Cook hearing.


PART IV: GENERAL SENTENCING PRINCIPLES
(e)

[X] The exercise of sentencing an offender is one of determining a fit and proper sentence for the particular offender. This process requires a high degree of individualizing and tailoring of the sentence to fit the particular accused. Accordingly, the process must be flexible.

[X] Justice LeBel in R v LM, [2008] 2 SCR 163, 2008 SCC 31 (CanLII) gives some recommendation on the proper approach (para. 17):

[17] Far from being an exact science or an inflexible predetermined procedure, sentencing is primarily a matter for the trial judge’s competence and expertise. The trial judge enjoys considerable discretion because of the individualized nature of the process (s. 718.1 Cr. C.; R. v. Johnson, [2003] 2 S.C.R. 357, 2003 SCC 46 (CanLII), at para. 22; R. v. Proulx, [2000] 1 S.C.R. 61, 2000 SCC 5 (CanLII), at para. 82). To arrive at an appropriate sentence in light of the complexity of the factors related to the nature of the offence and the personal characteristics of the offender, the judge must weigh the normative principles set out by Parliament in the Criminal Code:
- the objectives of denunciation, deterrence, separation of offenders from society, rehabilitation of offenders, and acknowledgment of and reparations for the harm they have done (s. 718 Cr. C.) (see Appendix);
- the fundamental principle that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender (s. 718.1 Cr. C.); and
- the principles that a sentence should be increased or reduced to account for aggravating or mitigating circumstances, that a sentence should be similar to other sentences imposed in similar circumstances, that the least restrictive sanctions should be identified and that available sanctions other than imprisonment should be considered (s. 718.2 Cr. C.).

A. Purpose and Principles of Sentencing

[X] The objective of a sentencing judge, framed most broadly, is to ensure that the sentence ordered is "just and appropriate". A just and appropriate sentence is one that satisfies the fundamental purposes of a sentence as laid out by the Criminal Code. Section 718 states the fundamental purpose of sentencing is as follows:

Purpose
718. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.
R.S., 1985, c. C-46, s. 718; R.S., 1985, c. 27 (1st Supp.), s. 155; 1995, c. 22, s. 6

[X] There will be heightened importance and emphasis on particular objectives for any particular case. No single objective can ever trump another completely. These objectives must be weighed against each other in light of what the court would consider the optimal way to protect the local community (see R v Nasogaluak, [2010] 1 SCR 206).

B. Rehabilitation

[X] The principle of rehabilitation is relevant in all sentencing and remains one of the main objectives of the process. As Justice Wagner (as he was) stated in R v Lacasse, 2015 SCC 64, [2015] 3 SCR 1089, at para 4:

One of the main objectives of Canadian criminal law is the rehabilitation of offenders. Rehabilitation is one of the fundamental moral values that distinguish Canadian society from the societies of many other nations in the world, and it helps the courts impose sentences that are just and appropriate.

C. Proportionality

[X] The principle of proportionality is of such importance that it was codified in s. 718.1 as the fundamental principle to the sentencing process. The section states:

Fundamental principle
718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
R.S., 1985, c. 27 (1st Supp.), s. 156; 1995, c. 22, s. 6.

The importance proportionality plays in the sentencing process is justified on the basis that a just sentence is necessarily one that is proportionate to the gravity of the offence and the responsibility of the offender. In R v Ipeelee, 2012 SCC 13 (CanLII) at para 37 Justice Lebel explained the role proportionality:

[37] The fundamental principle of sentencing (i.e., proportionality) is intimately tied to the fundamental purpose of sentencing — the maintenance of a just, peaceful and safe society through the imposition of just sanctions. Whatever weight a judge may wish to accord to the various objectives and other principles listed in the Code, the resulting sentence must respect the fundamental principle of proportionality. Proportionality is the sine qua non of a just sanction. First, the principle ensures that a sentence reflects the gravity of the offence. This is closely tied to the objective of denunciation. It promotes justice for victims and ensures public confidence in the justice system. As Wilson J. expressed in her concurring judgment in Re B.C. Motor Vehicle Act, 1985 CanLII 81 (SCC), [1985] 2 S.C.R. 486, at p. 533:
It is basic to any theory of punishment that the sentence imposed bear some relationship to the offence; it must be a “fit” sentence proportionate to the seriousness of the offence. Only if this is so can the public be satisfied that the offender “deserved” the punishment he received and feel a confidence in the fairness and rationality of the system.
Second, the principle of proportionality ensures that a sentence does not exceed what is appropriate, given the moral blameworthiness of the offender. In this sense, the principle serves a limiting or restraining function and ensures justice for the offender. In the Canadian criminal justice system, a just sanction is one that reflects both perspectives on proportionality and does not elevate one at the expense of the other.

D. Parity

[X] Section 718.2(b) directs that sentencing judges must ensure that the accused's sentence "be similar to sentences imposed on similar offences committed in similar circumstances;". This is the principle of parity and is usually addressed through consideration of the range of past sentences where similar offenders have committed similar offences in similar circumstances. The Court should also be sensitive to the particular needs of the local community (see Nasogaluak, Lacasse).

[X] The purpose behind the principle is to ensure fairness as between similarly situated cases. It does not, however, override the individualized nature of sentencing, nor does it prohibit considerable disparity between accused so long as the sentence ordered is proportionate to the gravity of the offence and moral culpability of the offender. (see R v CAM, [1996] 1 SCR 500) Proportionality should generally prevail over parity (see R v Lacasse, [2015] 3 SCR 1089 at para 92). Accordingly, review of prior sentencing case law can be of assistance and may even provide a shortcut to calibrating the right sentence, but in all cases, the ultimate sentence must be justified as proportionate, first and foremost.

E. Restraint

[X] The principle of restraint is codified in both s. 718.2(d) and (e), stating that:

718.2...
(d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and
(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.
1995, c. 22, s. 6; 1997, c. 23, s. 17; 2000, c. 12, s. 95; 2001, c. 32, s. 44(F), c. 41, s. 20; 2005, c. 32, s. 25; 2012, c. 29, s. 2; 2015, c. 13, s. 24, c. 23, s. 16.

[X] The principle ensures that sentences are just and fair in the eyes of the public by imposing upon courts a duty to limit the use of incarceration by ensuring that courts consider the least intrusive sentence that achieves the necessary sentencing objectives and only uses incarceration as an option of last resort.

F. Concurrent vs Consecutive Sentences [assuming multiple offences charged]

where

[X] Section 718.3(4)(b) grants sentencing judges the discretion to determine whether to order the sentences for multiple offences before them be served concurrently or consecutively to each another. It states as follows:

781.3...
Cumulative punishments
(4) The court that sentences an accused shall consider directing
(a) that the term of imprisonment that it imposes be served consecutively to a sentence of imprisonment to which the accused is subject at the time of sentencing; and
(b) that the terms of imprisonment that it imposes at the same time for more than one offence be served consecutively, including when
(i) the offences do not arise out of the same event or series of events,
(ii) one of the offences was committed while the accused was on judicial interim release, including pending the determination of an appeal, or
(iii) one of the offences was committed while the accused was fleeing from a peace officer.

[X] It is submitted that ...

G. Totality (assuming multiple offences charged]

[X] The sentencing principle of totality is designed to prevent the ordering of "unduly long or harsh" sentences that result from the combination of consecutive sentences in the course of the sentence calculation. The principle is founded and guided in the principle of proportionality which requires that the global sentence remains proportionate to the gravity of the offence and the degree of responsibility of the offender. (see R v Hutchings, 2012 NLCA 2 (CanLII))

[X] This common law principle of totality was codified into s. 718.2(c) of the Code as a mandatory sentencing consideration:

Obligations of court
718.2 A court that imposes a sentence shall also take into consideration the following principles:...
(c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;...

[X] On a given case, the sentencing judge should consider factors including:

  • the length of the combined sentence in relation to the normal level of sentence for the most serious of the individual offences involved;
  • the number and gravity of the offences involved;
  • the offender’s criminal record;
  • the impact of the combined sentence on the offender’s prospects for rehabilitation, in the sense that it may be harsh or crushing;
  • such other factors as may be appropriate to consider to ensure that the combined sentence is proportionate to the gravity of the offences and the offender’s degree of responsibility.

[X] Should the combined sentence prove to be excessive, the sentencing judge must then determine "the extent to which the combined sentence should be reduced to achieve a proper totality". This can be done by altering the sentence for individual counts to run concurrently rather than consecutively, or simply reduce the length of individual sentences.

[X] In making the necessary changes to the sentence, the sentencing judge must be mindful to identify:

  • the sentences that are regarded as appropriate for each individual offence applying proper sentencing principles, without considerations of totality;
  • the degree to which sentences have been made concurrent on the basis that they constitute a single criminal adventure; and
  • the methodology employed to achieve the proper totality that is indicated, identifying which individual sentences are, for this purpose, to be made concurrent or to be otherwise reduced.

[X] In our case, it is submitted that ...

PART V: OBJECTIVES OF SENTENCING IN THIS CASE
(e)
[This section will usually be customized to the particular offence]

[X]

A. Purpose of Criminalization of Conduct

[X]

B. Objectives to be Emphasized

[X]

C. Range of Sentence

[X]


PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e)
[This section will usually be customized to the particular offence]

[X]

A. Gravity of Conduct

[X]

B. Sophistication of the Offence

[X]

C. Vulnerability of Victim

[X]

D. Responsibility and Moral Culpability of the Offender

[X]

E. Guilty Plea, Remorse, and Acceptance of Responsibility

[X]

F. Age, Character, and Risk to Re-Offend

[X]

G. Addiction and Mental Health

[X]

H. Prior Criminal Record and Repeat Offenders

[X]

I. Effect on Employment, Family, and Immigration

[X]

J. Prospects of Rehabilitation

[X]

K. Totality

[X]

L. Remand Credit

[X]

PART VI-A: JOINT RECOMMENDATIONS(e)

[X] A joint recommendation that is presented to the Court can only be adopted where the court is satisfied, after hearing all the evidence and submissions, that the proposed sentence would not bring the administration of justice into disrepute or otherwise be contrary to the public interest. This "public interest test" was most recently outlined in R v Anthony-Cook, 2016 SCC 43. Justice Moldaver, writing for the Court, outlined the test as follows:

[32] Under the public interest test, a trial judge should not depart from a joint submission on sentence unless the proposed sentence would bring the administration of justice into disrepute or is otherwise contrary to the public interest. ...
[33] In Druken, at para. 29, the court held that a joint submission will bring the administration of justice into disrepute or be contrary to the public interest if, despite the public interest considerations that support imposing it, it is so “markedly out of line with the expectations of reasonable persons aware of the circumstances of the case that they would view it as a break down in the proper functioning of the criminal justice system”. And, as stated by the same court in R. v. B.O.2, 2010 NLCA 19, at para. 56 (CanLII), when assessing a joint submission, trial judges should “avoid rendering a decision that causes an informed and reasonable public to lose confidence in the institution of the courts”.
[34] In my view, these powerful statements capture the essence of the public interest test developed by the Martin Committee. They emphasize that a joint submission should not be rejected lightly, a conclusion with which I agree. Rejection denotes a submission so unhinged from the circumstances of the offence and the offender that its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down. This is an undeniably high threshold — and for good reason, as I shall explain.

[X] Justice Moldaver described the importance of having a high threshold to reject a joint recommendation:

[41] But as I have said, for joint submissions to be possible, the parties must have a high degree of confidence that they will be accepted. Too much doubt and the parties may choose instead to accept the risks of a trial or a contested sentencing hearing. The accused in particular will be reluctant to forgo a trial with its attendant safeguards, including the crucial ability to test the strength of the Crown’s case, if joint submissions come to be seen as an insufficiently certain alternative.

[X] Under the Anthony-Cook approach to a joint recommendation, an added obligation is placed on both counsel to provide sufficient information about the offence, offender, and circumstances of the proceedings that brought about the agreement:

[53] Third, when faced with a contentious joint submission, trial judges will undoubtedly want to know about the circumstances leading to the joint submission — and in particular, any benefits obtained by the Crown or concessions made by the accused. The greater the benefits obtained by the Crown, and the more concessions made by the accused, the more likely it is that the trial judge should accept the joint submission, even though it may appear to be unduly lenient. For example, if the joint submission is the product of an agreement by the accused to assist the Crown or police, or an evidentiary weakness in the Crown’s case, a very lenient sentence might not be contrary to the public interest. On the other hand, if the joint submission resulted only from the accused’s realization that conviction was inevitable, the same sentence might cause the public to lose confidence in the criminal justice system.
...
[55] This is not to say that counsel must inform the trial judge of “their negotiating positions or the substance of their discussions leading to the agreement” (R. v. Tkachuk, 2001 ABCA 243 (CanLII), 293 A.R. 171, at para. 34). But counsel must be able to inform the trial judge why the proposed sentence would not bring the administration of justice into disrepute or otherwise be contrary to the public interest. If they do not, they run the risk that the trial judge will reject the joint submission.
...
[57] A thorough justification of the joint submission also has an important public perception component. Unless counsel put the considerations underlying the joint submission on the record, “though justice may be done, it may not have the appearance of being done; the public may suspect, rightly or wrongly, that an impropriety has occurred” (C. C. Ruby, G. J. Chan and N. R. Hasan, Sentencing (8th ed. 2012), at p. 73).

[X] Should the Court be inclined to reject the joint recommendation, the sentencing judge cannot simply declare the agreement inappropriate and proceed to determine a fit and proper sentence. The Court must provide notice to counsel that there are concerns and invite counsel to make further submissions, invite a potential withdraw of guilty plea, and only after that must give "clear and cogent" reasons for the rejection.

[58] Fourth, if the trial judge is not satisfied with the sentence proposed by counsel, “fundamental fairness dictates that an opportunity be afforded to counsel to make further submissions in an attempt to address the . . . judge’s concerns before the sentence is imposed” (G.W.C., at para. 26). The judge should notify counsel that he or she has concerns, and invite further submissions on those concerns, including the possibility of allowing the accused to withdraw his or her guilty plea, as the trial judge did in this case.
[60] Finally, trial judges who remain unsatisfied by counsel’s submissions should provide clear and cogent reasons for departing from the joint submission. These reasons will help explain to the parties why the proposed sentence was unacceptable, and may assist them in the resolution of future cases. Reasons will also facilitate appellate review.
A. Benefits to Crown and Concessions by Defence

[X]

B. Repute to Administration of Justice

[X]

C. Not Contrary to the Public Interest

[X]

PART VI-B: AVAILABLE DISPOSITIONS(e)

A.1. Availability of Discharges

[X]

Conditional and absolute discharge
730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).
Period for which appearance notice, etc., continues in force
(2) Subject to Part XVI, where an accused who has not been taken into custody or who has been released from custody under or by virtue of any provision of Part XVI pleads guilty of or is found guilty of an offence but is not convicted, the appearance notice, promise to appear, summons, undertaking or recognizance issued to or given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.
...
Where person bound by probation order convicted of offence
(4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged.
R.S., 1985, c. C-46, s. 730; 1995, c. 22, s. 6; 1997, c. 18, s. 141; 2003, c. 21, s. 17.


A.2. Availability of Conditional Sentences

[X]

Imposing of conditional sentence
742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if
(a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;
(b) the offence is not an offence punishable by a minimum term of imprisonment;
(c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;
(d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more;
(e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that
(i) resulted in bodily harm,
(ii) involved the import, export, trafficking or production of drugs, or
(iii) involved the use of a weapon; and
(f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:
(i) section 144 (prison breach),
(ii) section 264 (criminal harassment),
(iii) section 271 (sexual assault),
(iv) section 279 (kidnapping),
(v) section 279.02 (trafficking in persons — material benefit),
(vi) section 281 (abduction of person under fourteen),
(vii) section 333.1 (motor vehicle theft),
(viii) paragraph 334(a) (theft over $5000),
(ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),
(x) section 349 (being unlawfully in a dwelling-house), and
(xi) section 435 (arson for fraudulent purpose).
...
1992, c. 11, s. 16; 1995, c. 19, s. 38, c. 22, s. 6; 1997, c. 18, s. 107.1; 2007, c. 12, s. 1; 2012, c. 1, s. 34.
PART VII: DISCUSSION ON APPROPRIATE SENTENCE
(e)
[This section is where discussion and analysis can be done in detail]

[X]

A. Gravity of the Offence

[X]

B. Circumstances of the Offender

[X]

PART VIII: ANCILLARY ORDERS(e)

A. Restitution Orders

[X] As made out by the facts, the total loss to the victims was in the amount of

[X] Should restitution order be found suitable we should ask that the order be payable to persons and in the amounts found as indicated here:

# Victim Name Contact Amount
1
[name] [contact info] [amount]
2

A.1. Fine-in-Lieu of Restitution Orders

[X] The

Order of forfeiture of property
462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

[X] The meaning of "designated offence" is defined in s. 462.3 as:


i. Purpose of Fine-in-Lieu

[X]

10 The sentence imposed for an offence under Part XII.2 on proceeds of crime consists of two elements: the penalty for committing a designated offence (s. 462.3(1)), and forfeiture of the proceeds of crime (s. 462.37(1)). The new provisions are in addition to existing methods. The intention of Parliament is clear. Not only must the act itself be punished, but it must not benefit the offender. Parliament’s purpose in doing this is to ensure that crime does not pay. Although the appeal concerns the discretion of a court that imposes a fine instead of forfeiture, the objective of the primary provision must be correctly established for it to be possible to identify the objective of the provision authorizing this sentence.
...
16 Parliament’s intention in enacting the forfeiture provisions was to give teeth to the general sentencing provisions. While the purpose of the latter provisions is to punish an offender for committing a particular offence, the objective of forfeiture is rather to deprive the offender and the criminal organization of the proceeds of their crime and to deter them from committing crimes in the future. The severity and broad scope of the provisions suggest that Parliament is seeking to avert crime by showing that the proceeds of crime themselves, or the equivalent thereof, may be forfeited.
R v Lavigne, 2006 SCC 10
ii. Does Totality Factor into Fine-in-Lieu Order

[X]

25 The amicus curiae argues that the effect of imposing a fine without regard to the general principles of sentencing is to punish the offender twice. What that argument fails to consider is that those principles are not all disregarded and that a fine instead of forfeiture is seen as a separate component of the sentence. While such an order is technically part of the sentence, it is nevertheless distinguished by the fact that its purpose is to replace the proceeds of crime. It is not regarded as punishment specifically for the designated offence.
Lavigne
iii. Possession of Proceeds vs Control of Proceeds

[X]

[50] Second, the appellants submit that the trial judge erred by imposing fines in lieu of forfeiture in the absence of proof that they received the funds that served as the basis for the fine amounts, $423,580.41 for Mr. Khatchatourov and $71,954.63 for Ms. Reznik. They argue that there was insufficient evidence that the appellants had possession or control over the funds, and therefore that the Crown had not proved the funds were “property” as defined in s. 2, and for the purpose of s. 462.37(3), of the Criminal Code.
[51] I do not accept this submission. Mr. Khatchatourov’s counsel said this at the sentence hearing:
[C]ertainly it is open to Your Honour to say: “Well, look, these cheques were made payable to him. Who knows what happened from there but it’s a reasonable inference that he got that money or had control of that money”….
[52] This common sense concession is consistent with the evidence, which was that Mr. Khatchatourov and Ms. Reznik received cheques, made out in their names, from the fraudulent transactions totalling the precise amounts of the two fines. Absent some evidence (for example, testimony from the appellants at their sentence hearing) that the appellants did not cash the cheques and receive the funds, I see no reason to impose a duty on the Crown to take additional steps (for example, a tracing exercise) to try to obtain further proof that the appellants actually received the money generated by their frauds. Their receipt of the cheques is enough. Even in the increasingly complicated world of Canadian criminal law, some things are obvious.
Khatchatourov, 2014 ONCA 464
iv. Fine-in-Lieu Order Concurrent to Restititon

[X] It is permissible for the court to make an order of restitution

v. Duration and Default Time for Fine-in-Lieu Order

[X]

Section Imprisonment Fine Amount
462.37(4)(a)(i) 0 to 6 months 0 to $10,000
462.37(4)(a)(ii) 6 to 12 months $10,000 to $20,000
462.37(4)(a)(iii) 12 to 18 months $20,000 to $50,000
462.37(4)(a)(iv) 18 to 24 months $50,000 to $100,000
462.37(4)(a)(v) 2 to 3 years $100,000 to $150,000
462.37(4)(a)(vi) 3 to 5 years $150,000 to $1,000,000
462.37(4)(a)(vii) 5 to 10 years $1,000,000 or more

B. Forfeiture Orders

[X]

C. DNA Orders

[X]

D. SOIRA Orders

[X]

PART IX: CONCLUSIONS(e)

[X] Based on the foregoing and as supplemented by oral submissions, the [Crown / defence] beleieve a fit and proper sentence is as follows:

Count # Section Offence Name Date Range Min. Penalty Max. Penalty Sentence Requested
(Consecutive or Concurrent)
Ancillary Order(s)
1
2
Global Sentence [total duration]
Global Sentence Factoring in Totality [total duration]

[X] We are also recommending the following ancillary orders:

[list the orders requested and their duration]

[X] The Crown is declining to seek ... [discretionary orders that are not requested]

ALL OF WHICH IS RESPECTFULLY SUBMITTED

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]


Table of Authorities

PART X: TABLE OF AUTHORITIES(e)



EXHIBITS

TAB
...
X
...
X

CASE LAW

TAB
R v ...
X
R v ...
X

LEGISLATION:

TAB
...
X
...
X

SECONDARY SOURCES:

TAB
...
X
...
X

WEBSITES:

TAB
...
X
...
X

Sentencing for Fraud Over $5,000 Brief

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Briefs

See also: Fraud (Offence)

A sentencing brief is structured as follows:

  • Overview
    • Identify the charges, including time, place and section of the code.
    • Identify the issue for sentencing
    • Outline desired result
  • Facts
    • Summary of undisputed Facts
    • Summary of anticipated disputed facts, including what witnesses will be provided
    • Enumeration of relevant exhibits
  • Positions of Parties
  • Principles of Sentencing
    • Objectives to be emphasized in Case
  • Applicable Factors
  • Prior Cases
  • Analysis / Discussion of Case
  • Ancillary Orders
    • Legal Requirements of Order
    • Interpretation of Provisions
  • Discussion of Application
  • Summary of Party's Position
    • Breakdown of the requested Sentence, including any factual
Cover of Brief

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




CROWN/ACCUSED SENTENCING BRIEF




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Contents

TABLE OF CONTENTS(e)



Page
PART I: OVERVIEW
X
A.

X
i.

X
PART II: AGREED FACTS AND OTHER EVIDENCE
X
PART III: POSITIONS OF THE PARTIES
X
PART IV: GENERAL SENTENCING PRINCIPLES
X
PART V: OBJECTIVES OF SENTENCING IN THIS CASE
X
PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE
X
PART VI-A: JOINT RECOMMENDATIONS
X
PART VI-B: AVAILABLE DISPOSITIONS
X
PART VII: DISCUSSION ON APPROPRIATE SENTENCE
X
PART VIII: ANCILLARY ORDERS
X
PART IX: CONCLUSIONS
X
PART X: TABLE OF AUTHORITIES
X
Body of Brief
PART V: OBJECTIVES OF SENTENCING IN THIS CASE(e)

[This section will usually be customized to the particular offence]

A. Purpose of Criminalization of Conduct

B. Objectives to be Emphasized

[X] In sentencing for fraud over $5,000 it has been well established that the main objectives are denunciation and deterrence. (see R. v. Dobis, 2002 CanLII 32815 (ON CA) and R v Bogart, [2002] OJ No. 3039, 2002 CanLII 41073 (ON CA), per Laskin JA at 29, 33-36 leave ref'd, [2003] SCR vi) General deterrence has been found to have a greater impact on embezzlement-type crimes and those offences where there is planning and deliberation. (see R. v. Williams, [2007] OJ No 1604 (ONSC)) And where there is a relationship of trust he need for custody is even greater (R. v. Howe, [2002] AJ No 1443, 2002 ABCA 277 (CanLII), per Hunt JA, at para 3).

[X] Amongst the primary reasons for emphasizing any type of deterrence for major fraud is in order to ensure that the crime is simply not worth the venture. Is a gain of $20,000, $50,000, or $100,000, even temporarily, worthwhile if the consequence is only a fine? Probation? House arrest? A short jail sentence? A properly deterrent sentence must clearly communicate that the answer to all these questions is unequivocally in the negative. Should a sentence be not sufficiently punitive, regardless of the personal circumstances of the offender, it runs the risk of incidentally relaying the message to the next similarly situated person contemplating such a crime that it may just be worth it.

[X] Factored into this too is the amount of incurred profits and the likelihood of getting caught. Should the penalty for higher dollar amounts be of negligible difference from the penalty for lesser amounts, it too runs a risk that the next offender may see the commission as “in for a penny, in for a pound”, and then proceed to continue the offence once embarked upon. Likewise, an offence that is not easily detected, such as those where the commission involves obfuscation and deception, provide some incentive to the culprit that the venture is worthwhile. There is a calculation in the offender’s mind that a reduced likelihood of getting caught will have a discounting rate upon the sentence. A properly deterrent sentence must tell the culprit that even where detection and punishment may not be particularly high, the consequence of that eventuality renders the risk unacceptable, thereby deterring the commission of the offence.

[X] The justification for the emphasized objectives further extends to consideration of the inherent high degree of moral culpability in large scale commercial crime offences generally. They are often referred to as a “thinking person’s” crime, where the offence requires a multitude of repetitive and persistent decisions on the part of the accused to keep the fraud going. There must be planning to ensure that the victim is sufficiently trusting of the accused to give over their money and to ensure the scheme is not readily detected, including the fabrication of plausible lies and other smoke-screens.

i. Breach of Trust

[X] Where there is a relationship of rust he need for custody is even greater.

R v Howe, [2002] AJ No 1443, 2002 ABCA 277 (CanLII), per Hunt JA, at para 3

C. Range of Sentence

[X] Generally across Canada, the sentencing range for the offence of ... ranges anywhere between ... and ... . Our position is that the proper range for this type of offence would land in the between X and Y. When tailored to the specifics to this offender we are recommending a period of incarceration of XX.

[X] The recommended sentence presented here is in light of cases from within the province:

  • [list of cases and short summaries]

[X] There are also cases from elsewhere in Canada including the following:

  • [list of cases and short summaries]

[X] The recommended sentence presented here is in light of cases from within the province:

PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e)

[X] Section 718.2 obliges the sentencing judge to increase and decrease a potential sentence on consideration of the enumerated aggravating and mitigating features that go to the gravity of the offence and degree of responsibility of the offender. The section states the following:

Other sentencing principles
718.2 A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,
(ii) evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner,
(ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,
(iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,
(iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation,
(iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization,
(v) evidence that the offence was a terrorism offence, or
(vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act shall be deemed to be aggravating circumstances;
...
1995, c. 22, s. 6; 1997, c. 23, s. 17; 2000, c. 12, s. 95; 2001, c. 32, s. 44(F), c. 41, s. 20; 2005, c. 32, s. 25; 2012, c. 29, s. 2; 2015, c. 13, s. 24, c. 23, s. 16; 2017, c. 13, s. 4.

[X] Section 380.1 directs the sentencing judge to consider further circumstances for certain fraud-related offences:

Sentencing — aggravating circumstances
380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating circumstances:
(a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant;
(b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market;
(c) the offence involved a large number of victims;
(c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;
(d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community;
(e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence; and
(f) the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.
Aggravating circumstance — value of the fraud
(1.1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 382, 382.1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.
Non-mitigating factors
(2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.
Record of proceedings
(3) The court shall cause to be stated in the record the aggravating and mitigating circumstances it took into account when determining the sentence.
2004, c. 3, s. 3 2011, c. 6, s. 3

[X] In particular to this offence, the offence-specific factors found in s. XXX should be considered as well.

A. Gravity of Conduct

[consider the relationship of trust, the degree of physical or psychological harm]

B. Sophistication of the Offence

[X] The offence(s) in this case were [planned and continuous/spontaneous and impulsive]. ...

i. Large-scale Fraud is Not Spontaneous or Impulsive

[X] The commission of large-scale frauds is a "thinking" person's crime. That is to say that it is far from impulsive or spontaneous. It was observed in R v Tucker, [1988] N.S.J. 33 (NSCA): This is not a case involving one or two transactions but rather is one of a continued premeditated fraud perpetrated by a knowledgeable businessman and carried out over a lengthy period of time. General deterrence must be the paramount consideration because it is of the utmost importance for the public generally and the business community in particular to understand that those who practice fraud in commercial matters will be severely punished.

C. Vulnerability of Victim

i. Breach of Trust

[X] In addition to the common law, the Criminal Code codifies circumstances as aggravating under s. 718.2(a)(iii).

D. Responsibility and Moral Culpability of the Offender

E. Guilty Plea, Remorse, and Acceptance of Responsibility

F. Character and Risk to Re-Offend

G. Addiction and Mental Health

H. Prior Criminal Record and Repeat Offenders

It has been well recognized that the absence of prior record supports greater consideration of the principle of restraint. It may often mean the difference between incarceration and freedom. The circumstances of fraud will often provide some different considerations. This is for two reasons. A good reputation will often be instrumental to the offender's earning of trust that granted them access to the position that allowed them to commit the offence. The offences of fraud are not discrete one-time offences. They are persistent and repetitive. They are planned and deliberate. The reflect numerous choices to repeat and continue the criminal enterprise.

see R v Lee, 2011 NSPC 81 at paras 40 to 41

I. Effect on Employment, Family and Immigration

J. Prospects of Rehabilitation

K. Totality

L. Remand Credit

Table of Authorities

PART X: TABLE OF AUTHORITIES(e)



EXHIBITS

TAB
...
X
...
X

CASE LAW

TAB
R v ...
X
R v ...
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LEGISLATION:

TAB
...
X
...
X

SECONDARY SOURCES:

TAB
...
X
...
X

WEBSITES:

TAB
...
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...
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Sentencing for Luring Brief

Briefs

A sentencing brief is structured as follows:

  • Overview
    • Identify the charges, including time, place and section of the code.
    • Identify the issue for sentencing
    • Outline desired result
  • Facts
    • Summary of undisputed Facts
    • Summary of anticipated disputed facts, including what witnesses will be provided
    • Enumeration of relevant exhibits
  • Positions of Parties
  • Principles of Sentencing
    • Objectives to be emphasized in Case
  • Applicable Factors
  • Prior Cases
  • Analysis / Discussion of Case
  • Ancillary Orders
    • Legal Requirements of Order
    • Interpretation of Provisions
  • Discussion of Application
  • Summary of Party's Position
    • Breakdown of the requested Sentence, including any factual
Cover of Brief

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




CROWN/ACCUSED SENTENCING BRIEF




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Contents

TABLE OF CONTENTS(e)



Page
PART I: OVERVIEW
X
A.

X
i.

X
PART II: AGREED FACTS AND OTHER EVIDENCE
X
PART III: POSITIONS OF THE PARTIES
X
PART IV: GENERAL SENTENCING PRINCIPLES
X
PART V: OBJECTIVES OF SENTENCING IN THIS CASE
X
PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE
X
PART VI-A: JOINT RECOMMENDATIONS
X
PART VI-B: AVAILABLE DISPOSITIONS
X
PART VII: DISCUSSION ON APPROPRIATE SENTENCE
X
PART VIII: ANCILLARY ORDERS
X
PART IX: CONCLUSIONS
X
PART X: TABLE OF AUTHORITIES
X
Body of Brief
PART VI: OBJECTIVES OF SENTENCING IN THIS CASE(e)

The purpose behind the criminalization of the conduct captured by the offence was described in R v Legare, where Justice [name] stated the following:

[28] Section 172.1(1) makes it a crime to communicate by computer with underage children or adolescents for the purpose of facilitating the commission of the offences mentioned in its constituent paragraphs. In this context, "facilitating" includes helping to bring about and making easier or more probable -- for example, by "luring" or "grooming" young persons to commit or participate in the prohibited conduct; by reducing their inhibitions; or by prurient discourse that exploits a young person's curiosity, immaturity or precocious sexuality.
[29] I hasten to add that sexually explicit language is not an essential element of the offences created by s. 172.1. Its focus is on the intention of the accused at the time of the communication by computer. Sexually explicit comments may suffice to establish the criminal purpose of the accused. But those who use their computers to lure children for sexual purposes often groom them online by first gaining their trust through conversations about their home life, their personal interests or other innocuous topics.
[30] As Hill J. explained in R. v. Pengelley, [2009] O.J. No. 1682 (QL) (S.C.J.), at para. 96:
... computer communications may serve to sexualize or groom or trick a child toward being receptive to a sexual encounter, to cultivate a relationship of trust, or to undertake a process of relinquishing inhibitions, all with a view to advancing a plan or desire to physical sexual exploitation of a young person.
[31] Accordingly, the content of the communication is not necessarily determinative: what matters is whether the evidence as a whole establishes beyond a reasonable doubt that the accused communicated by computer with an underage victim for the purpose of facilitating the commission of a specified secondary offence in respect of that victim.
[32] The italicized words in the preceding paragraph, drawn textually from 172.1 (1)(c), make clear that the intention of the accused must be determined subjectively. I agree in this regard with the Attorney General of Ontario. As Doherty J.A. stated in Alicandro, at para. 31, the accused must be shown to have "engage[d] in the prohibited communication with the specific intent of facilitating the commission of one of the designated offences" with respect to the underage person who was the intended recipient of communication (emphasis added).
PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e)
[This section will usually be customized to the particular offence]

A. Gravity of Conduct

B. Sophistication of the Offence

C. Vulnerability of Victim

D. Responsibility and Moral Culpability of the Offender

E. Guilty Plea, Remorse, and Acceptance of Responsibility

F. Age, Character, and Risk to Re-Offend

G. Addiction and Mental Health

H. Prior Criminal Record and Repeat Offenders

I. Effect on Employment, Family, and Immigration

J. Prospects of Rehabilitation

K. Totality

L. Remand Credit

PART VII: DISCUSSION ON APPROPRIATE SENTENCE(e)
[This section is where discussion and analysis can be done in detail]


Table of Authorities

PART X: TABLE OF AUTHORITIES(e)



EXHIBITS

TAB
...
X
...
X

CASE LAW

TAB
R v ...
X
R v ...
X

LEGISLATION:

TAB
...
X
...
X

SECONDARY SOURCES:

TAB
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WEBSITES:

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Bail Brief (Generic)

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Briefs

Cover of Brief

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




CROWN/ACCUSED SHOW CAUSE BRIEF




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Contents

Template:BailBrief TOC

Body of Brief
PART I: OVERVIEW(e)

[X] On [date], the accused was charged with the commission of the following offence(s) between [date]. Specifically that he did:

(1) ... commit the offence of ... contrary to s. ... of the Criminal Code.

(2) ... commit the offence of ... contrary to s. ... of the Criminal Code.

The Crown elected to proceed by indictment/summary conviction on the hybrid offences.

Or

The Crown has yet to make its election on the hybrid offences.

PART II: ALLEGED FACTS AND OTHER EVIDENCE(e)
PART III: POSITIONS OF THE PARTIES(e)
PART IV: GENERAL BAIL PRINCIPLES
(e)
PART V: APPLICABLE GROUNDS IN THIS CASE
(e)
PART VI: TERMS OF RELEASE(e)
PART VII: CONCLUSIONS(e)

ALL OF WHICH IS RESPECTFULLY SUBMITTED

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[counsel's name]
[Counsel's title]


Table of Authorities
PART VIII: TABLE OF AUTHORITIES(e)



EXHIBITS

TAB
...
X
...
X

CASE LAW

TAB
R v ...
X
R v ...
X

LEGISLATION:

TAB
...
X
...
X

SECONDARY SOURCES:

TAB
...
X
...
X

WEBSITES:

TAB
...
X
...
X

Objections Cheatsheet

Checklist

See also: Examinations-in-Chief and Cross-Examinations
General Irrelevance (see Relevance)
  • Eliciting evidence supporting a Motion not before the Court
  • Contradicting Collateral Facts (see Collateral Fact Rule)
Premature Evidence
  • No foundation/Assumes facts not proven
  • Eliciting evidence supporting a Motion not before the Court
Improperly Phrased Questions
  • Compound Question
  • Vague/Misleading question
  • Misquoting prior evidence/statement
Uncivil Questions
  • Asked and answered
  • Badgering, harassing witness
  • arguing with witness
  • Monologuing/Editorizating
Evidence unconnected to incident at issue
Evidence that generally is prohibited by Rules of Evidence
Evidence-in-Chief
Defence evidence
  • Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn)
Prior Sexual History (assuming enumerated sexual offence)
Sexual Assault Myths
  • Failure of the complainant to "fight back"
  • Failure of the complainant to "scream" or "call for help"
  • Failure of the complainant to report the assault in a timely manner

Admissibility Checklist

All Evidence

General Admission
  • Identify one or more propositions that are sought to be proven by the evidence
  • Does the evidence make the proposition more likely to be true
  • Is the evidence material to an legal element of proof or issue to be determined in the case
  • Is the proposition collateral, possibly excluded for collateral fact rule
Discretionary Exclusion
General Exclusionary Rules

Hearsay

  • Is it a statement or an implied assertion
  • Is it intended for the truth of what is being said or some other purpose
Principled Exception
  • is the person who made statement able to be meaningfully cross examined
  • is the context of the statement suggesting that it is trustworthy (motivation for accuracy, sufficient testing of evidence)

Prior Statement of Accused

  • is it excludable as a prior consistent statement

Disreputable Conduct

Documentary Evidence

  • CEA Business Records
    • Notice, Affidavit
  • CEA Financial Records
    • Affidavit
  • Common law business records
  • principled Admission

Images and Video

See also: Electronic Documents
Authenticate Recording
  • Either:
    • Person who created the record can vouch for authenticity
    • Person who observed the creation of the record on the electronic device
    • Person who observed the record on the device and any time-stamp associated with the record (authenticity inferred from circumstances)
      • Evidence of circumstancial reliability of the device
Establish Creation Time
  • Either:
    • Person who created the record can vouch for time
    • Person who observed the creation of the record on the electronic device
    • Person who observed the record on the device and any time-stamp associated with the record (authenticity inferred from circumstances)
      • Evidence of circumstancial reliability of the device

Relevance and Materiality

Actus Reus and Circumstances
  • Observation of incident or circumstances surrounding the incident
  • Real evidence of items collected by police
    • Recognition of the real evidence as sourced from circumstances surrounding the incident (including Continuity)
  • Propensity of the accused to engage in conduct similar to the offence (Similar Fact Evidence)
Identity
  • Recognition of accused as the culprit
  • Circumstantial evidence consistent with accused as culprit
  • Circumstantial evidence inconsistent with available third parties as culprit
Mens Rea
  • Observed utterances/conduct of accused to infer an awareness of circumstances OR intention

Credibility and Reliability

Credibility and Reliability of a Witness
  • Animus, Bias, Dependence, Partiality, or Motive to fabricate
  • Tainting of evidence (determine how much claimed is based on second-hand info or mere personal belief)
  • Quality of Observation
    • Opportunity to Observe (frequency of personal presence, duration, distance, obstructions)
    • Reasons (or abscence of reasons) to make observations at the time
    • Focus on attention at the time (distractions, etc)
    • Emotional state at time
    • Level of Intoxiation
  • Quality of recollection and recall
    • Opportunity to record the memory accurately
    • Time of recording of the memory
    • Opportunity to refresh memory
    • Timing of memory refresh memory
    • Exposure to other versions of events through witnesses or the news
  • Contradictions with Common Sense
    • Accuracy of memory given level of importance at the time, given the lack of recording or corroborating records
    • Failure to record only select events of importance
  • Contradictions on Prior Statements
  • Demeanour and manner of response
  • Plausibility and Possibility
    • Reasons and explanations for choice of actions (with special consideration for sexual offenes)
    • Whether choice of actions match emotional state
    • Signs of embellishment or minimization (eg. efforts to cast self in a good light)
    • How the witness responds and changes evidence when confronted with new evidence
    • Overly and inordinately complex answers
  • Proven history of related dishonesty
  • Corroboration or absence of corroboration with other witnesses or objective evidence

Criminal Code and Related Definitions

Introduction

All definitions set out here apply to all uses of the word within the Criminal Code except where indicated otherwise.

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.

CCC

Criminal Code Terms

Term Section Scope Related Sections and/or Articles
"abandon" or "expose" s. 214 Part VIII of Code [Offences Against the Person and Reputation] Abandoning Child (s. 218)
"accused" s. 2 Criminal Code many instances, see Accused in Court
"Act" s. 2 Criminal Code many instances, Definitions for General Documents, Legal Documents and Financial Instruments
"adult" s. 487.04 "In this section and in sections 487.05 to 487.0911" Only used in s. 487.07(4). See Execution of Blood Sample Warrants
"ammunition" s. 2.1 Definition of Firearms
"antique firearm" s. 2.1 Definition of Firearms
"Attorney General" s. 2 Criminal Code Definition of Crown, Prosecutor and Attorney General
"aircraft" s. 214 Part VIII of Code [Offences Against the Person and Reputation] s. 244.2, 249, 251 to 254, 255, 255.1, 258, 259, 260
"associated personnel" s. 2 Criminal Code s. 6, 424.1, 431.1. See also Definitions of Parties, Persons, Places and Organizations
"audioconference" s. 2 Criminal Code
"authorization" s. 2.1 and 84(1) Definition of Firearms
"automatic firearm" s. 2.1 and 84(1) Definition of Firearms
"bank-note" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"bet" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"bodily harm" s. 2 Criminal Code Definition of Bodily Harm
“Canadian Forces” s. 2 Criminal Code s.5, 46, 50, 53, 54, 62, 78, 117.07, 117.08, 191, 193.1, 269.1, 366, 419 to 421, 445.01, and 672.37
"cartridge magazine" s. 2.1 and 84(1) Definition of Firearms
"cattle" s. 2 Criminal Code
"change" s. 732.1 "In this section and section 732.2" [Part XXIII - Sentencing]
"child pornography" s. 163.1 Section 163.1 only ("this section") Definition of Child Pornography
"clerk of the court" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"common bawdy-house" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"common betting house" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"common gaming house" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"common-law partner" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"complainant" s. 2 Criminal Code Role of the Victim and Third Parties
"computer data" s. 487.011 s. 487.012 to 487.0199 [relating to preservation and production of records] Definitions for General Documents, Legal Documents and Financial Instruments
"counsel" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"count" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"court" s. 164(8) Section 164 Definition of Judicial Officers and Offices
"court" s. 320(8) Section 320 Definition of Judicial Officers and Offices
"court of appeal" s. 2 Criminal Code Criminal Courts
"court of criminal jurisdiction" s. 2 Criminal Code Definition of Judicial Officers and Offices
"court of criminal jurisdiction" s. 785 Part XXVII of Criminal Code Criminal Courts
"Credit card" s. 321 Part IX [Offences Against Rights of Property] s. 342, 342.01, 347.1. See also Definitions for General Documents, Legal Documents and Financial Instruments
"crime of a sexual nature" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"criminal organization" s. 2 Criminal Code Criminal Organizations
"criminal organization offence" s. 2 Criminal Code Criminal Organizations
"cross-bow" s. 2.1 and 84(1) Definition of Firearms
"data" s. 487.011 sections 487.012 to 487.0199 [relating to preservation and production of records] Definitions for General Documents, Legal Documents and Financial Instruments
"database" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"day" s. 2 Criminal Code Time and Place
"designated offence" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"designated offence" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"disorderly house" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"DNA" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"document" s. 321 Part IX [Offences Against Rights of Property] ("this part") Definitions for General Documents, Legal Documents and Financial Instruments
"document" s. 487.011 s. 487.012 to 487.0199 [relating to preservation and production of records] Definitions for General Documents, Legal Documents and Financial Instruments
"document of title to goods" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"document of title to lands" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"dwelling-house" s. 2 Criminal Code Definition of Dwelling House
"electro-magnetic, acoustic, mechanical or other device" s. 183 "In This Part" [Part VI - Invasion of Privacy] Wiretaps
"enactment" s. 6 s. 6 ("this section")
"environment" s. 2 Criminal Code
“every one” s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"explosive substance" s. 2 Criminal Code Use or Possession of Explosives (Offence)
"firearm" s. 2 Criminal Code Definition of Firearms
"forensic DNA analysis" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"form of marriage" s. 214 Part VIII of Code [Offences Against the Person and Reputation]
"game" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"gaming equipment" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"government or public facility" s. 2 Criminal Code
"guardian" s. 150 "In this Part" [Part V - Sexual Offences, Public Morals and Disorderly Conduct]
"guardian" s. 214 Part VIII of Code [Offences Against the Person and Reputation]
"handgun" s. 2.1 and 84(1) Definition of Firearms
"Her Majesty’s Forces" s. 2 Criminal Code
"highway" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"imitation firearm" s. 2.1 and 84(1) Definition of Firearms
"indictment" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"intercept" s. 183 "In This Part" [Part VI - Invasion of Privacy] Wiretaps
"internationally protected person" s. 2 Criminal Code see Definitions of Parties, Persons, Places and Organizations
"judge" s. 83.28 Section 83.28 and 83.29 Definition of Judicial Officers and Offices
"judge" s. 320 Section 320 Definition of Judicial Officers and Offices
"judge" s. 462.3 Part XII.2 [Proceeds of Crime] Definition of Judicial Officers and Offices
"judge" s. 487.011 s 487.012 to 487.0199 [relating to preservation and production of records] Definition of Judicial Officers and Offices
"judge" s. 488.1(1) "this section" Definition of Judicial Officers and Offices
"judge" s. 490.2(5) "this section" Definition of Judicial Officers and Offices
"judge" s. 493 Part XVI [Compelling Appearance of Accused Before a Justice and Interim Release] (s. 493 to 529.5) Definition of Judicial Officers and Offices
"judge" s. 552 Part XIX [Indictable Offences — Trial Without Jury] (s. 552 to 573.2) Definition of Judicial Officers and Offices
"justice" s. 2 Criminal Code Definition of Judicial Officers and Offices
"justice system participant" s. 2 Criminal Code Intimidation of a Justice System Participant (Offence)
"keeper" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"licence" s. 2.1 and 84(1) Definition of Firearms
"lumber" s. 339 s. 339 Miscellaneous_Offences_Against_Property
"mental disorder" s. 2 Criminal Code Not Criminally Responsible Due to Mental Disorder
"military" s. 2 Criminal Code
"military law" s. 2 Criminal Code
"motor vehicle" s. 2 Criminal Code Impaired Driving, Over 80 and Refusal (Offence)
"municipality" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"night" s. 2 Criminal Code Time and Place
"nuclear facility" s. 2 Criminal Code
"offence-related property" s. 2 Criminal Code Forfeiture of Offence-related Property
"offender" s. 2 Criminal Code Accused in Court
"offensive weapon" s. 2 Criminal Code
"Ontario Act" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"operate" s. 214 Part VIII of Code [Offences Against the Person and Reputation]
"optional conditions" s. 732.1 "In this section and section 732.2" [Part XXIII - Sentencing] Terms and Conditions of a Conditional Sentence Order
"organization" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
“owner” s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"pardon" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"peace officer" s. 2 Criminal Code Peace Officers
“person” s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"place" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"place" s. 286.1(5) "this section" Commodification of Sexual Services (Offence)
"police officer" s. 183 "In this Part" [Part VI - Invasion of Privacy]
"prohibited ammunition" s. 2.1 and 84(1) Definition of Firearms
"private communication" s. 183 "In this Part" [Part VI - Invasion of Privacy] Wiretaps
"proceeds of crime" s. 462.3(1) "this Part" (Part XII.2) Forfeiture of Proceeds of Crime
"prohibited device" s. 2.1 and 84(1) Definition of Firearms
"prohibited firearm" s. 2.1 and 84(1) Definition of Firearms
"prohibited weapon" s. 2.1 and 84(1) Definition of Firearms
"primary designated offence" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"prison" s. 2 Criminal Code Prison Breach (Offence)
"property" s. 2 Criminal Code Possession of Stolen Property (Offence)
"property" s. 428 Part XI of the Code Possession of Stolen Property (Offence)
"proseuctor" s. 2 Criminal Code
"provincial court judge" s. 2 Criminal Code (except as set out in s. 111, 487.04) Definition of Judicial Officers and Offices
"provincial court judge" s. 111(11) "this section and sections 112, 117.011 and 117.012" of Code Definition of Judicial Officers and Offices
"provincial court judge" s. 487.04 "this section and in sections 487.05 to 487.0911" Definition of Judicial Officers and Offices
"public department" s. 2 Criminal Code
"public officer" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"public officer" s. 487.011 s 487.012 to 487.0199 [relating to preservation and production of records] Definitions of Parties, Persons, Places and Organizations
"public place" s. 150 "In this Part" [PART V - Sexual Offences, Public Morals and Disorderly Conduct]
"public place" s. 197 "In this Part" [PART VII - Disorderly Houses, Gaming and Betting]
"public place" s. 213 "In this section" Solicitation (Offence)
"public place" s. 286.1(5) "this section" Commodification of Sexual Services (Offence)
"public stores" s. 2 Criminal Code
"publishing" s. 299 s. 299
"radioactive material" s. 2 Criminal Code
"railway equipment" s. 2 Criminal Code
"record suspension" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"registration centre" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"registration certificate" s. 2.1 and 84(1) Definition of Firearms
"replica firearm" s. 2.1 and 84(1) Definition of Firearms
"representative" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"restricted firearm" s. 2.1 and 84(1) Definition of Firearms
"restricted weapon" s. 2.1 and 84(1) Definition of Firearms
"Review Board" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"secondary designated offence" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"senior officer" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"sentence" s. 673 and 785 "In this Part" [PART XXI - APppeals -- Indictable Offences] (s. 673)
"In this Part" [PART XXVII - Summary Convictions] (s. 785)
Right of Appeal by Accused of Verdicts or Sentences for Indictable Offences
Right of Appeal of Verdicts or Sentences for Summary Offences
"serious offence" s. 2 and 467.1(1) Criminal Code ("this Act") Criminal Organizations
"serious personal injury offence" s. 752 Part XXIV [Dangerous Offenders And Long-Term Offenders] ("This part") Serious Personal Injury Offences
"steal" s. 2 Criminal Code
"street racing" s. 2 Criminal Code
"summary conviction court" s. 785 Part XXVII of Criminal Code Criminal Courts
"superior court of criminal jurisdiction" s. 2 Criminal Code Definition of Judicial Officers and Offices
"territorial division" s. 2 Criminal Code Definitions of Parties, Persons, Places and Organizations
"terrorism offence" s. 2 Criminal Code Terrorism Definitions
"terrorist activity" s. 2 and 83.01 Criminal Code Terrorism Definitions
"terrorist group" s. 2 and 83.01 Criminal Code Terrorism Definitions
"testamentary instrument” s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"theatre" s. 150 "In this Part" [PART V - Sexual Offences, Public Morals and Disorderly Conduct]
"traffic” s. 355.1 s. 355.2 and 355. Trafficking in Stolen Property (Offence)
"trustee" s. 2 Criminal Code
"unfit to stand trial" s. 2 Criminal Code Fitness to Stand Trial
"United Nations operation” s. 2 Criminal Code
"United Nations personnel” s. 2 Criminal Code
"valuable mineral” s. 2 Criminal Code
"valuable security" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"verdict of not criminally responsible on account of mental disorder" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"vessel" s. 214 Part VIII of Code [Offences Against the Person and Reputation] Referenced in s. 244.2, 249, 250 to 255.1, and 258 to 260.
"victim" s. 2 Criminal Code Role of the Victim and Third Parties
"videoconference" s. 2 Criminal Code
"warrant" s. 493 Part XVI of Code [Compelling Appearance of Accused Before a Justice and Interim Release] ("this Part") Warrant Arrests
"weapon" s. 2 Criminal Code Definition of Weapons
"wilful" N/A Criminal Code see Intention
"wiretap offences" s. 183 Part VI [Invasion of Privacy] Wiretaps
"wreck” s. 2 Criminal Code
"writing" s. 2 Criminal Code Definitions for General Documents, Legal Documents and Financial Instruments
"Young Offenders Act" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"young person" s. 487.04 "In this section and in sections 487.05 to 487.0911"

Controlled Drugs and Substances Act Terms

Term Section Scope Related Sections and/or Articles
"adjudiator" s. 2 CDSA
"alternate person in charge" s. 56.1 "this section"
"analogue" s. 2 CDSA
"analyst" s. 2 CDSA
"Attorney General" s. 2 CDSA
"controlled substance" s. 2 CDSA
"customs office" s. 2 CDSA
"designated criminal offence" s. 56.1 "this section"
"designated device" s. 2 CDSA
"designated drug offence" s. 56.1 "this section"
"designated substance offence" s. 2 CDSA
"inspector" s. 2 CDSA
"judge" s. 2 CDSA see s. 522 of the Criminal Code
"justice" s. 2 CDSA same as s. 2 of the Criminal Code
"Minister" s. 2 CDSA
non-chemical offence-related property  s. 2 CDSA
"offence-related property" s. 2 CDSA
"organization" s. 2 CDSA
"person" s. 2 CDSA
"possession" s. 2 CDSA
"practitioner" s. 2 CDSA
"precursor" s. 2 CDSA
"prescribed" s. 2 CDSA
"produce" s. 2 CDSA
"provide", "sell" or "traffic" s. 2 CDSA
"traffic" s. 2 CDSA

Evidence Act

Term Section Scope Related Sections and/or Articles
"court" s. 29 "this section" Electronic Documents
"financial institution" s. 29 "this section"
"legal proceedings" s. 29 "this section"
"business" s. 30 "In This section"
"copy" s. 30 "In This section"
"court" s. 30 "In This section"
"legal proceeding" s. 30 "In This section"
"record" s. 30 "In This section"
"corporation" s. 31 "In This section"
"government" s. 31 "In This section"
"photographic film" s. 31 "In This section"
"computer system" s. 31.8 s. 31.1 to 31.6 Electronic Documents
"data" s. 31.8 s. 31.1 to 31.6 Electronic Documents
"electronic document" s. 31.8 s. 31.1 to 31.6 Electronic Documents
"electronic documents system" s. 31.8 s. 31.1 to 31.6 Electronic Documents
"secure electronic signature" s. 31.8 s. 31.1 to 31.6 Electronic Documents
"judge" s. 38 "this section and in sections 38.01 to 38.15"
"participant" s. 38 "this section and in sections 38.01 to 38.15"
"potentially injurious information" s. 38 "this section and in sections 38.01 to 38.15"
"proceeding" s. 38 "this section and in sections 38.01 to 38.15"
"prosecutor" s. 38 "this section and in sections 38.01 to 38.15"
"sensitive information" s. 38 "this section and in sections 38.01 to 38.15"
"Council" s. 39 s. 39(1)
"cause" s. 44 Part II (s. 43 to 51)
"court" s. 44 Part II (s. 43 to 51)
"judge" s. 44 Part II (s. 43 to 51)
"oath" s. 44 Part II (s. 43 to 51)

Interpretation Act

Term Section Scope Related Sections and/or Articles
"Act" s. 35 "every enactment"
"Bank" s. 35 "every enactment"
"British Commonwealth" s. 35 "every enactment"
"broadcasting" s. 35 "every enactment"
"Canada" s. 35 "every enactment"
"Canadian waters" s. 35 "every enactment"
"Clerk of the Privy Council" or "Clekr of the Queen's Privy Council" s. 35 "every enactment"
"Commonwealth" s. 35 "every enactment"
"contiguous zone" s. 35 "every enactment"
"continental shelf" s. 35 "every enactment"
"contravention" s. 35 "every enactment"
"corporation" s. 35 "every enactment"
"county" s. 35 "every enactment"
"diplomatic or consular officer" s. 35 "every enactment"
"exclusive economic zone" s. 35 "every enactment"
"Governor", "Governor General" or "Governor of Canada" s. 35 "every enactment"
"Governor General in Council" or "Governor in Council" s. 35 "every enactment"
"Great Seal" s. 35 "every enactment"
“Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” s. 35 "every enactment"
"herein" s. 35 "every enactment"
"holiday" s. 35 "every enactment"
"internal waters" s. 35 "every enactment"
"legislative assembly" s. 35 "every enactment"
"lieutenant governor" s. 35 "every enactment"
"lieutenant governor in council" s. 35 "every enactment"
"local time" s. 35 "every enactment"
"military" s. 35 "every enactment"
"month" s. 35 "every enactment"
"oath" s. 35 "every enactment"
"Parliament" s. 35 "every enactment"
"person" s. 35 "every enactment"
"proclamation" s. 35 "every enactment"
"province" s. 35 "every enactment"
"radio" or "telecommunication" s. 35 "every enactment"
"regular force" s. 35 "every enactment"
"reserve force" s. 35 "every enactment"
"security" s. 35 "every enactment"
"standard time" s. 35 "every enactment"
"statutory declaration" s. 35 "every enactment"
"superior court" s. 35 "every enactment"
"telecommunications" s. 35 "every enactment"
"territorial sea" s. 35 "every enactment"
"territory" s. 35 "every enactment"
"two justices" s. 35 "every enactment"
"United Kingdom" s. 35 "every enactment"
"United States" s. 35 "every enactment"
"writing" s. 35 "every enactment"
"telegraph" s. 36
"year" s. 37
"Act" s. 2 Interpretation Act ("this Act")
"enact" s. 2 Interpretation Act ("this Act")
"enactment" s. 2 Interpretation Act ("this Act")
"public officer" s. 2 Interpretation Act ("this Act")
"regulation" s. 2 Interpretation Act ("this Act")
"repeal" s. 2 Interpretation Act ("this Act")

See Also

Dictionaries

Procedure and Practice Readings List

Further Reading

Annotated Codes, Digests and Reports

  • BC Decisions: Criminal Cases Canadian Criminal Cases Criminal Reports Canadian Abridgment: Criminal LawDigest Crankshaw's Criminal Code of Canada Canadian Criminal Cases Criminal Reports Criminal Law Partner (CD-ROM)
  • Martin’s Criminal Code
  • Supreme Court of Canada Decisions Supreme Court Reports
  • Tremeear's Annual Criminal Code Weekly Criminal Bulletin CLE’s Criminal Case Digest Subscription Service Criminal Procedure

Criminal Procedure

  • Atrens, J., P. Burns, and Donald J. Egleston. Criminal Procedure: Canadian Law and Practice. Vancouver: Butterworths (looseleaf).
  • Bouck et al. British Columbia Annual Criminal Practice. Aurora: Canada Law Book.
  • Ewaschuk, E.G. Criminal Pleadings and Practice in Canada, 2nd ed. Aurora, Ontario: Canada Law Book (looseleaf).
  • Gold, A. D., The Practitioner’s Criminal Code 1997. Markham: Butterworths.
  • Hamilton, K. Judicial Interim Release—Bail Manual, 4th ed. Vancouver: Butterworths (looseleaf).
  • Kenkel, J. F. Criminal Lawyers’ Trial Book. Markham: Butterworths (looseleaf).
  • Levy, Earl J. Q.C. Examination of Witnesses in Criminal Cases, 5th ed. Toronto: Carswell, 2004.
  • Meyers, P.R. Criminal Lawyers’ Commonplace Book. Markham: Butterworths (looseleaf).
  • Salhany, The Honourable R.E. Canadian Criminal Procedure, 6th ed. Aurora: Canada Law Book (looseleaf).
  • Salhany, The Honourable R.E. Criminal Trial Handbook. Toronto: Carswell, supplemented text.
  • Sopinka, Houston and Sopinka. The Trial of an Action, 2nd ed. Markham: Butterworths, 1998.
  • Watt, D. Criminal Law Precedents. Toronto: Carswell (looseleaf).

Evidence

a. Generally
  • Cross on Evidence, 7th ed. Markham: Butterworths, 1990.
  • Gibson, John L. Criminal Law Evidence, Practice and Procedure. Toronto: Carswell, (looseleaf).
  • Hageman et al. DNA Handbook. Markham: Butterworths, 2002.
  • McWilliams, P.K. Canadian Criminal Evidence, 4th ed. Aurora: Canada Law Book (looseleaf).
  • Rose, David and Lisa Goos, DNA: A Practical Guide. Toronto: Carswell, supplemented text.
  • Salhany, Mr. Justice R.E. The Practical Guide to Evidence in Criminal Cases, 6th ed. Toronto: Carswell, 2002.
  • Segal, M. Disclosure and Production in Criminal Cases. Toronto: Carswell (supplemented book).
  • Sopinka, Lederman, Bryant, The Law of Evidence in Canada, 2nd ed. Markham: Butterworths (hardcover and supplement), 2004.
  • Watt’s Manual of Criminal Evidence 2006. Toronto: Carswell, 2006 (annual).
b. Search & Seizure
  • Fontana, The Honourable James A. The Law of Search and Seizure in Canada, 6th ed. Markham: Butterworths, 2005.
  • Hutchinson Scott C. and James C. Morton. Search and Seizure Law in Canada. Toronto: Carswell (looseleaf).
  • Search and Seizure. Vancouver: CLE, 2001.

Substantive Law

a. Generally
  • Gibson, John L. Canadian Criminal Code Offences. Toronto: Carswell (looseleaf).
  • Gold, A. Annual Review of Criminal Law. Toronto: Carswell.
  • Mewett and Manning On Criminal Law, 3rd ed. Markham: Butterworths, 1994.
  • Sinclair-Prowse, Janet A. and Elizabeth Bennett. Working Manual of Criminal Law. Toronto: Carswell (looseleaf).
  • Stuart, D. Criminal Law: A Treatise, 4th ed. Toronto: Carswell, 2000.
b. Drinking and Driving
  • Impaired Driving and Driving Under Suspension – 2003. Vancouver: CLE
  • McLeod, R. QC, and Judge J.D. Takach, and M.D. Segal. Breathalyzer Law in Canada: The Prosecution and Defence of Drinking and Driving Offences. Toronto: Carswell (looseleaf)
  • Motor Vehicle Reports. Toronto: Carswell
  • Segal, M. Manual of Motor Vehicle Law. 3rd ed. Toronto: Carswell (looseleaf)
c. Drugs
  • Brauti, P.M. and Brian G. Puddington, Prosecuting and Defending Drug Offences. Aurora: Canada Law Book, 2003.
  • Brucker, Theresa M. The Practical Guide to the Controlled Drugs and Substances Act. 3rd ed. Toronto: Carswell, 2002.
  • MacFarlane, Bruce A. Q.C. et al. Drug Offences in Canada, 3rd ed. Aurora: Canada Law Book (looseleaf).

Canadian Charter of Rights and Freedoms

  • Canadian Rights Reporter. Markham: Butterworths.
  • Charter of Rights Annotated. Aurora: Canada Law Book (looseleaf).
  • Charter of Rights Decisions. Vancouver: Western Legal Publications.
  • Criminal Law and the Charter – 2005. Vancouver: CLE, 2005.
  • McLeod, R. M. QC, and Judge J.D. Takach. Canadian Charter of Rights: The Prosecution and Defence of Criminal and Other Statutory Offences. Toronto: Carswell (looseleaf).

Advocacy

a. Witnesses
  • Mewett, Alan W., Q.C. Witnesses. Toronto: Carswell, (looseleaf).
  • Salhany, Roger E. Cross-Examination: The Art of the Advocate. 2nd ed. Markham: Butterworths, 1999.
b. Jury Trials
  • Balfour, Q. H. Der. The Jury—A Handbook of Law and Procedure. Markham: Butterworths, (looseleaf).
  • Ferguson, G.A., and J.C. Bouck. CRIMJI - Canadian Criminal Jury Instructions. Vancouver: CLE (looseleaf).
  • Melnitzer, J., D.F. Dawson, and C. Bentley. The Defence Lawyers Trial Book. Markham: Butterworths (looseleaf).
c. Appeals
  • Bennett, Elizabeth. Indictable Appeals in BC. Toronto: Carswell, 1995.
  • Scarisbrick, Philip. Summary Conviction Appeals in BC. 1997. Toronto: Carswell, 1997.

Sentencing

  • Nemet-Brown, S., Canada Sentencing Digest. LexisNexis Canada (looseleaf).
  • Nadin-Davis, P., and C. Sproule. Canadian Sentencing Digest. Toronto: Carswell (looseleaf).
  • Ruby, C. Sentencing, 6th ed. Markham: Butterworths, 2004.
  • Green, Ross Gordon. Justice and Aboriginal Community: Sentencing Alternatives. Saskatoon: Purich Publishing, 1998.

Youth Criminal Justice

  • Harris, Mr. Justice Peter, Youth Justice Act Manual. Aurora, Ontario: Canada Law Book (looseleaf).
  • Platt, P. Young Offenders Law in Canada, 2nd ed. Markham: Butterworths, 1995.
  • Tuck-Jackson, Andrea E.E. et al. Annotated Youth Justice Act (looseleaf).
  • Tustin, L. and R. Lutes, Q.C. A Guide to the Youth Criminal Justice Act, 2007 ed.

Use of Force by Police

  • National Study On Neck Restraints in Policing (June 2007) [2]
  • Police Interaction and its Relation to Arrest and Use of Force by Police [3]

Criminal Code Forms

See also: List of Criminal Code Forms and Precedents, Court Forms and Checklists

Forms

Form 1

Copy/Paste
FORM 1
(Sections 320.29 and 487)
Information To Obtain a Search Warrant

Canada,

Province of __________,

(territorial division).

This is the information of A.B., of __________ in the said (territorial division), (occupation), hereinafter called the informant, taken before me.

The informant says that (describe things to be searched for and offence in respect of which search is to be made), and that he believes on reasonable grounds that the said things, or some part of them, are in the (dwelling-house, etc.) of C.D., of __________, in the said (territorial division). (Here add the grounds of belief, whatever they may be.)

Wherefore the informant prays that a search warrant may be granted to search the said (dwelling-house, etc.) for the said things.

Sworn before me this ____________ day of __________, A.D. __________, at __________.

(Signature of Informant)

________________________________ A Justice of the Peace in and for __________

R.S., 1985, c. C-46, Form 1; 2018, c. 21, s. 28.

Form 2

Copy/Paste
FORM 2
(Sections 506 and 788)
Information

Canada,

Province of ___________,

(territorial division).

This is the information of C.D., of ___________, (occupation), hereinafter called the informant.

The informant says that (if the informant has no personal knowledge state that he believes on reasonable grounds and state the offence).

Sworn before me this ___________ day of ___________, A.D. ___________, at ___________.

______________________
(Signature of Informant)

__________________________________ A Justice of the Peace in and for ___________

Note: The date of birth of the accused may be mentioned on the information or indictment.

R.S., 1985, c. C-46, Form 2; R.S., 1985, c. 27 (1st Supp.), s. 184.

Form 3

  • Repealed

Form 4

Copy/Paste
FORM 4
(Sections 566, 566.1, 580 and 591)
Heading of Indictment

Canada,

Province of __________,

(territorial division).

In the (set out name of the court)

Her Majesty the Queen

against

(name of accused)

(Name of accused) stands charged

1 That he (state offence).

2 That he (state offence).

Dated this __________ day of ____________ A.D. __________, at __________.

_________________________________________________________________________
(Signature of signing officer, Agent of Attorney General, etc., as the case may be)

Note: The date of birth of the accused may be mentioned on the information or indictment.

R.S., 1985, c. C-46, Form 4; R.S., 1985, c. 27 (1st Supp.), s. 184; 1999, c. 3, s. 58.

Form 5

Copy/Paste
FORM 5
(Sections 320.29 and 487)
Warrant To Search

Canada,

Province of __________,

(territorial division).

To the peace officers in the said (territorial division) or to the (named public officers):

WHEREAS it appears on the oath of A.B., of __________ that there are reasonable grounds for believing that (describe things to be searched for and offence in respect of which search is to be made) are in __________ at __________, hereinafter called the premises;

This is, therefore, to authorize and require you between the hours of (as the justice may direct) to enter into the said premises and to search for the said things and to bring them before me or some other justice.

DATED this __________ day of __________ A.D. __________, at __________.

________________________________
A Justice of the Peace in and for __________

R.S., 1985, c. C-46, Form 5; 1999, c. 5, s. 45; 2018, c. 21, s. 28.

Form 5.001

Copy/Paste
FORM 5.001
(Subsection 487.012(1))
Preservation Demand
Canada,
Province of ____________

(territorial division)

To (name of person), of ____________:

Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data

will assist in the investigation of an offence that has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament),

(or)

will assist in the investigation of an offence that has been committed under (specify the provision of the law of the foreign state) that is being conducted by a person or authority, (name of person or authority), with responsibility in (specify the name of the foreign state) for the investigation of such offences,

you are required to preserve (specify the computer data) that is in your possession or control when you receive this demand until (insert date) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.

This demand is subject to the following conditions:

If you contravene this demand without lawful excuse, you may be subject to a fine.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

(Signature of peace officer or public officer)

2014, c. 31, s. 26.

Form 5.002

Copy/Paste

FORM 5.002 (Subsection 487.013(2)) Information To Obtain a Preservation Order Canada,

Province of ____________

(territorial division)

This is the information of (name of peace officer or public officer), of ____________ (“the informant”).

The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

The informant also says that a peace officer or public officer intends to apply or has applied for a warrant or order in connection with the investigation to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state)).

The reasonable grounds are: (including, if applicable, whether a preservation demand was made under section 487.012 of the Criminal Code)

The informant therefore requests that (name of the person) be ordered to preserve (specify the computer data) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

2014, c. 31, s. 26.

Form 5.003

Copy/Paste

FORM 5.003 (Subsection 487.013(4)) Preservation Order Canada,

Province of ____________

(territorial division)

To (name of person), of ____________:

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of ____________,

(a) that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in your possession or control and will assist in the investigation of the offence; and

(b) that a peace officer or public officer intends to apply or has applied for a warrant or order to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state));

Therefore, you are required to preserve the specified computer data that is in your possession or control when you receive this order until (insert date) unless, before that date, this order is revoked or a document that contains that data is obtained under a warrant or an order.

This order is subject to the following conditions:

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

2014, c. 31, s. 26.

Form 5.004

Copy/Paste
FORM 5.004
(Subsections 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3))
Information To Obtain a Production Order

Canada,

Province of __________

(territorial division)

This is the information of (name of peace officer or public officer), of __________ (“the informant”).

The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 of the Criminal Code, reasonable grounds to believe)

(a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and
(b) (if the application is for an order under section 487.