History of Assault Peace Officer

From Criminal Law Notebook

1985

Criminal Code, R.S.C. 1985, c. C-46

Section 246 was renumbered as 270. The phrase “a term not exceeding” was added.

1980

An Act to amend the Criminal Code, S.C. 1980-81-82-83, c. 125

Section 246 was repealed and replaced.

Assaulting a peace officer

246. (1) Every one commits an offence who

(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and is liable to imprisonment for five years; or
(b) an offence punishable on summary conviction.

1972

Criminal Law Amendment Act, S.C. 1972, c. 13

Setion 246(2) adds:

is guilty of

(d) an indictable offence and is liable to imprisonment for five years, or
(e) an offence punishable on summary conviction.

1970

Criminal Code, R.S.C. 1970, c. C-34

Section 232 renumbered as s. 246.

1953

Criminal Code, 1953-54, c. 51

Sections 275(b) and 296(a) to (d) were joined into s. 232.

Assault with intent

232. (1) Every one who assaults a person with intent to commit an indictable offence is guilty of an indictable offence and is liable to imprisonment for five years.

Other assaults

(2) Every one who

(a) assaults a public officer or peace officer engaged in the execution of his duty, or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under a lawful process, distress or seizure,

is guilty of an indictable offence and is liable to imprisonment for two years.

1927

Criminal Code, R.S.C. 1927, c. 36.

Section 275 was renumbered as 275. Section 263 was renumbered as 296.

1906

Criminal Code, R.S.C. 1906, c. 146

Section 243 was renumbered as 275.

Section 263 was renumbered as 296. The word “any” was changed to “an”.

1894

An Act further to amend the Criminal Code, 1892, S.C. 1894, c. 57

Section 263 adds the word “seizure”.

1892

Criminal Code, 1892, c. 29

Shooting at Her Majesty's vessels—Wounding customs or inland revenue officers

243. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who wilfully—

(a) shoots at any vessel belonging to Her Majesty or in the service of Canada; or
(b) maims or wounds any public officer engaged in the execution of his duty or any person acting in aid of such officer.
Aggravated assault

263. Every one is guilty of an indictable offence and liable to two years' imprisonment who—

(a) assaults any person with intent to commit any indictable offence; or
(b) assaults any public or peace officer engaged in the execution of his duty, or any person acting in aid of such officer; or
(c) assaults any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person, for any offence; or
(d) assaults any person in the lawful execution of any process against any lands or goods or in making any lawful distress or seizure, or with intent to rescue any goods taken under such process, distress or seizure;
(e) on any day whereon any poll for any election, parliamentary or municipal, is being proceeded with, within the distance of two miles from the place where such poll is taken or held, assaults or beats any person.