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{{seealso|Full Text:Index}}
=Reference Materials=
=Reference Materials=
=Topic Index=
=Topic Index=
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=List of Criminal Code Forms=
=List of Criminal Code Forms=
{{:List of Criminal Code Forms}}
{{:List of Criminal Code Forms}}
=Offences by Category=
{{:Offences by Category}}
=Offences by Penalty=
{{:Offences by Penalty}}
=List of Hybrid Offences==
{{:List of Hybrid Offences}}
=List of Hybrid Offences (Previous)=
{{:List of Hybrid Offences (Previous)}}
=List of Straight Indictable Offences=
{{:List of Straight Indictable Offences}}
=List of Straight Indictable Offences (Previous)=
=List of Straight Indictable Offences (Previous)=
{{:List of Straight Indictable Offences (Previous)}}
{{:List of Straight Indictable Offences (Previous)}}
=List of Summary Conviction Offences=
{{:List of Summary Conviction Offences}}
=Guilty Plea Checklist=
=Guilty Plea Checklist=
{{:Guilty Plea Checklist}}
{{:Guilty Plea Checklist}}
<!-- PRECEDENT -->
=Precedents=
{{:Precedents}}
=Precedents, Court Forms and Checklists=
{{:Precedents, Court Forms and Checklists}}
=Precedent - Appeals=
=Precedent - Appeals=
{{:Precedent - Appeals}}
{{:Precedent - Appeals}}
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=Precedent - Vary Release or Sentence Order=
=Precedent - Vary Release or Sentence Order=
{{:Precedent - Vary Release or Sentence Order}}
{{:Precedent - Vary Release or Sentence Order}}
=Sentencing Brief (Generic)=
{{:Sentencing Brief (Generic)}}
=Sentencing for Fraud Over $5,000 Brief=
{{:Sentencing for Fraud Over $5,000 Brief}}
=Sentencing for Luring Brief=
{{:Sentencing for Luring Brief}}
=Bail Brief (Generic)=
{{:Bail Brief (Generic)}}
=Objections Cheatsheet=
=Objections Cheatsheet=
{{:Objections Cheatsheet}}
{{:Objections Cheatsheet}}
=Admissibility Checklist=
{{:Admissibility Checklist}}


=Criminal Code and Related Definitions=
=Criminal Code and Related Definitions=
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=Procedure and Practice Readings List=
=Procedure and Practice Readings List=
{{:Procedure and Practice Readings List|Readings}}
{{:Procedure and Practice Readings List|Readings}}
=Criminal Code Forms=
=Criminal Code Forms=
{{:Criminal Code Forms}}
{{:Criminal Code Forms}}
=Misc Procedural Provisions=
=Misc Procedural Provisions=
{{:Misc Procedural Provisions}}
{{:Misc Procedural Provisions}}
=Precedents and Checklists=
=Precedents and Checklists=
{{:Precedents and Checklists}}
{{:Precedents and Checklists}}
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=Trial Preparation Checklist=
=Trial Preparation Checklist=
{{:Trial Preparation Checklist}}
{{:Trial Preparation Checklist}}
=Crown File Review Checklist=
{{:Crown File Review Checklist}}
=Defence File Review Checklist=
{{:Defence File Review Checklist}}
=Draft Informations and Indictments=
{{:Draft Informations and Indictments}}
=Bail Checklist=
=Bail Checklist=
{{:Bail Checklist}}
{{:Bail Checklist}}
=File Review Checklist=
=Draft Jury Decision Trees=
{{:File Review Checklist}}
{{:Draft Jury Decision Trees}}
=Bail Release Form=
{{:Bail Release Form}}
=Disposition Form=
{{:Disposition Form}}
 
=Model Examinations=
{{:Model Examinations (Criminal Law)}}
{{:Model Examinations (Evidence)}}
{{:Model Examinations (Procedure and Practice)}}
{{:Bail Hearing (Model Examination)}}
{{:Fire Experts (Model Examinations)}}
{{:Assault-based Offences (Model Examinations)}}
{{:Voluntariness Voir Dire (Model Examinations)}}
{{:Impaired Driving and Over 80 (Model Examinations)}}
 
{{:Dog Tracking Experts (Model Examinations)}}
{{:Drug Impaired Driving (Model Examinations)}}

Latest revision as of 17:45, 3 February 2022

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)

Versions

There are six versions of the Criminal Code since its inception:

  • Criminal Code, 1892, S.C. 1892, c. 29
  • Criminal Code, R.S.C. 1906, c. 146
  • Criminal Code, R.S.C. 1927, c. 36
  • Criminal Code, S.C. 1953-54, c. 51
  • Criminal Code, R.S.C. 1970, c. C-34
  • Criminal Code, R.S.C. 1985, c. C-46

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
_ _
_ _
_ _
_ _


1927 to 1955


RSC, 1927, c. 36 1953-54, c. 51
1 1
2(1) 2(1)
2(2) 2(2)
2(3) removed
2(4) 2(3)
2(4)(a) 2(4)
2(5) 2(5)
2(6) removed
2(7) 2(9)
2(8) 391(d)
2(9) removed
2(9)(a) 168(1)(e)
2(10) removed
2(11) 2(12)
2(12) 2(13)
2(13) 2(15)
2(14) 2(16)
2(15) 2(17)
2(16) removed
2(16)(a) 2(19)
2(17) 2(20) and 2(8)
2(18) removed
2(19) 2(21)
2(20) removed
2(20)(a) 2(23)
2(21) 2(24)
2(22) 2(26)
2(23) 247 and
421(4)
2(24) 2(28) and 2(11)
2(25) 2(29)
2(26) removed
2(27) 2(30)
2(28) 2(22)
2(29) 2(31)
2(30) 2(31)(2)
2(31) 2(32)
2(32) 2(34)
2(33) 2(35)
2(34) 2(36)
2(35) removed
2(36) 2(43)
2(37) removed
2(38) 2(38)
2(39) 2(39)
2(40) 2(40)
2(41) 410(2)
2(42) 2(41)
2(43) 2(42)
2(44) 2(43)
2(45) 2(44)
2(2) 3(1)
3 3(2)
4 3(3)
5 3(4) and 485
6 3(5)
7 3(6)
8 4
9 6
10
11
12
7
13 10
14 removed
15 11
16 7(2)
17 12
18 13
19 16
20 17
21 18
22 19
23
24
25
26
27
25
28 28
29 25
30
31
32
33
34
35
36
37
25
38 removed
39 25
40 29
41
42
43
44
45
25
46 30
47 31
48
49
50
51
32
52 27
53(1) and (2) 34
53(3) 36
54(1) 35
54(2) 36
55 37
56 38
57
58
39
59
60
40
61 41
62 42
63 43
64 44
65 45
66 26
67 14
68 15
69 21 and 407
70 22
71 23
72 24
73 Rep. 1943-44, c. 23 s. 3
74(1) 46(1) and (2)
74(2) 47(1)
75 46(3)
76 50
77 46(1)
78 46(1)
79 51
80 49
81 53
82 54
83 56
84 57
85
86
Rep. 1939, c. 49 s. 15
87 64
88 65
89 67
90 66
91 68
92 69
93 33
94 70
95 110
96
97
372
98 Rep. 1936, c. 29, s. 1
99 71
100 160
101 72
102 73
103
104 74
105 removed
106 81(1)
107
108
109
110
removed
111 78
112 79
113 79
114 80
115 82
116 83
117 84
118 85(1)
119 86
120 88
121 89
122 90
123 91
124 93
125 94
126 95
127 96
128 97
129 98
130
131
132
removed
132A 63
133<Bf>133A 61
134 62
135 removed
136 166
137 75
138 76
139 75
140 removed
141 Rep. 1951, c. 47 s. 10
142 to 154 Rep. 1950, c. 11 s. 4
155 99
156 100(1)
157 101
158 102
159 654
160 103
161 104
162 105 and 654
163 106
164 107
165 108
166 109
167<bf>168 110
169 111
170 99 and 112
171 99
172 113(1)
173 114
174 113(1)
175
176
114
177 117
178 408(b)
179 118
180 119
181 removed
182 122
183 123
184 removed
185 125
186 128
197
188
124
189 125
190 125
191
192
127
193
194
195
126
196 129
197 130
198 246
199
200
201
161
202 147
203 removed
204 142
205 158
205A 159
206 149
207 150
207A 151
208 152
209(a), (b) 153
209(c) 324
210 131(3)
211(1) 143
211(2) 131(3)
211(3) removed
212 144
213 131(4), 145
214(1) 146
214(2) 131(2)
215(1) 155
215(2), (5), (6) 157
215(7) 133
216 184(1), (2)
217 156
218 408(c)
219 140
220 removed
221
222
165
222A removed
222B 160(a)
RSC, 1927, c. 36 1953-54, c. 51
223 removed
224 removed
225 168(1)(b)
226
227
168(1)(b), (c), (d), (h), (i) and 168(2), (4)
228 176(2)
? 182(2)
229(1) 176(1)
229(2) 182
229(3) 168(1)(h)
229(4) 182(2)
229(5) removed
229(6) 182(4)
229(7) 182(3)
229(8) 183
230 175
231 326(1)
231A 327
232
233
removed
234 180
235(1) 177
235(2) to (6) 178
236 179
237 167
238(a) 164(a)
238(b) removed
238(c) 160(b)
238(d) 164(b)
238(e) 160(c)
238(f) Rep. 1947, c. 55 s. 5
238(g) 160(d)
238(h) 372
238(i) 164(c)
238(j) 164(d)
238(k) 164(e)
239 164(2)
240 185
241
242
186
243 190
244 186 and 190
245 189
246 187
247 191
248 188
249 190
250 194(1)
251 195
252 194(2) to (5)
253 194(6)
254 198
255 200
256 199
257 196
258 197
259 201
260 202
261 203
262(1) 205
262(2) 204
263 206
264 210
265 316
266(a) 408(a)
266(b) 407
267 211
268 207
268A 208
269 212
270 213
271 214
272 215
273 216
274 231(2)
275 removed
276 218
277
278
217
279 78
280 79
281 219
282 220
283
284
193
285(1) 221(1)
285(2) 221(2) and (3)
285(3) 281
285(4) 222
285(4)(a) 223
285(4)(b) to (e) 224
285(5) 226
285(6) 221(1)
285(7), (8) 225
285(9) 2(18)
286 227
287 228
288
289
229(1) and (2)
290 230
291 231(1)
292(a) and (b) 141(1)
292(c) 231(2)
293 148
294 132
295 231(2)
296 232
297 233
298(1) 135
298(2) 139
299 136
300 137
301(1) to (3) 138
301(4) 131(4)
302 removed
303
304
237
305 238
306 209
307 239
308 240
309(1) 241(1)
309(2) 242
310 243(1)
311 244
312 245
313 234
314 removed
315 235
316 236
317 248
318 249
319 262
320 255
321 256
322 257
323 258
324 259
325 260
326 265
327 263
328 264
329 253
330 254
331 261
332 252
333 250
334 251
335(1)(a), (b) and (c) removed
335(1)(d) 268(a)
335(1)(e), (f) removed
335(1)(g) 2(14)
335(1)(h) 168(b)
335(1)(i) removed
335(1)(j), (k) and (l) 268(c), (d), (e)
335(1)(m) removed
335(1)(n) removed
335(1)(o) 322(a)
335(1)(p), (q), (r) removed
335(1)(s) 268(f)
335(1)(t), (u) removed
335(1)(v) removed
335(1)(w) removed
335(1)(x) 322(b)
335(1)(y) removed
336 removed
337 removed
338 removed
339 2(14)
340 294
341
342
351
343 removed
344 269
345 269(5)
346 270(1)
347 269(1) to (4)
348 271
349(1) 272
349(2) removed
350 removed
351 273
352 274
353 removed
354 275
355 276
356 277
357 278
358
359
360
361
362
363
removed
364
365
298(1)
366
367
368
369
370
371
372
373
374
375
376
377
removed
378(1) removed
378(2) 279
379
380
381
382
383
384
385
removed
386
387
280
388 removed
389 removed
390 282
391 283
392 284(1)
393 386
394 285(1) and (6)
395 removed
396 286
397 287
398 299
399 296 and 297
400 298(1)
401 removed
402 300
403 removed
404 303
405(1) 304(1)(a)
405(2) 304(1)(b)
405(3) 304(4)
405A 58
405B 59
405C 58
406(1) 305
406(2) 306(1) and (2)
406(3) 306(3) and (4)
407(1) removed
407(2)(a) 304(1)(c)
407(2)(b) 304(1)(d)
407(3) 307
408 346
409 347
410 346
411 348
412(1), (2) 336
412(3) 344
413 340
414 343
415 340
415A(b), (c) 341
415A(a), (d), (e) removed
416 342
417(a), (b) 335
417(c) 345
418 340
419 328
420 329
421 330
422
443
removed
424(1), (6) 337
424(2) to (5) removed
424A 339
425 331
426 332
427 333
428 334
429 removed
RSC, 1927, c. 36 1953-54, c. 51
430 358
430(1) to (3) removed
430(4) 285(2)
432 359
433 360
434 361 and 654
435 362
436 363
437
438
439
440
Rep. 1951, c. 47 s. 17
441 removed
442(a) 181
442(b) 179
443 308
444 323
444A 325
445
446
228
447 289
448 288
449 290
450
451
452
453
454
291
455
456
457
458
459
460
461
292
462 293
463 82
464 295
465 removed
466 309
467 311
468 310(1)
469
470
Rep. 1950, c. 11, s. 6
471
472
473
312
474 313
475 314
476 315
477 317
478 318
479 319
480
481
482
483
320 and 321
484 340
485 340
486 349
487
488
489
351 and 352
490 353
490A 354
491 355
492 365
493 removed
494 352
495 removed
496
497
409
498 411
498A 412
499 365
500 removed
501
502
366
502A 367
503 removed
504 368
504A removed
505 369
506 removed
507 rep. 1931, c. 28, s. 10
508 removed
509 371(1)
509A 52
510 372
510A 163
511 374
512 375
513 374
514 375
515(1), (2) 377
515(3) to (6) removed
516 316(1)(b)
516A 378
516B 372
517
518
519
520
521
522
372
523 372 and 406
524 379
525 372
526 380
527 381
528 320
529 382
530 383
531
532
384
533
534
535
372
536 385
537(1)(a), (b) 386
537(1)(c) 316
537(2) removed
538 316
539 373
540 removed
541 371(2) and (3) and 376
542 387
543 388
544 389
545 390
545A 419
546 391
547 391
548 404
549(1) 403(2)
549(2) removed
550 392
551 400
552
553
554
555
392 to 395
556 401
557 402
558
559
398 and 399
560 394
561 393
562(a) 392
562(b) 401
563 392
564
565
566
567
395, 396
568 removed
569(1) 403
569(2) 405
570
571
572
406, 407
573 408(I)(d)
574
575
406
575A 659
575B 660
575C(1) 660
575C(2) removed
575C(3)
575C(4)
662
575D 663
575E 667
575F 664
575G(1) 664
575G(2)
575G(3)
665
575H 666
576 424
577 414
578 removed
579 554
580(1) 413(1)
580(2) 418
581 416
581A 417
582 413(2)
583 413(2)
584 419
585 422
586
587
423
588 removed
589 removed
590 410(1)
591 420(2)
592 removed
593 100(2)
594 removed
595 229(3)
596
597
598
599
600
removed
604 425
604A 604
605 removed
606 426
607 removed
608 to 618 Rep. 1950, c. 11, s. 7
619
620
621
removed
622 Rep. 1943-44, c. 23, s. 12
623
624
625
626
627
628
removed
629 429
630 430
631 432(1) and (2)
632 405
633 433
634 96
635 355(2)
636 removed
637 338
638 285(3)
639 Rep. 1951, c. 47, s. 21
640 172
641 171 and 173
642(1) and (2) 174
642(3) removed
643 removed
644 427
645 428
646 434
647 435
648 435
649 436
650 437
651 Rep. 1951, c. 47, s. 21
652 435 pt. 438 pt.
653 439
654 439
655(1), (2), (4) 440(1) to (3)
665(3) 604
656 removed
657 Rep. 1951, c. 47, s. 21
658(1) 441(1)
658(2) 441(2)
658(3) 441(4)
658(4) 441(3)
658(5) 441(6)
659(1) 442(3)
659(2) 442(4)
660(1) 443
660(2), (3) 442(1) and (2)
660(4), (5) 444
661(1), (2) 445
661(3) 20
662(1) to (3) 447 and 429(2
662(4) to (6) 446
663 602
664 442(1)(c)
665(1) removed
665(2), (3) 456
666 459
667 448
668 449
669 458
670 459
671 604(2) and 605
672 441(3), 606
673 603
674(1) 610(1)
674(2), (3) 611
675 603
676(1) 604
676(2) 606(3)
RSC, 1927, c. 36 1953-54, c. 51
677 609
678 457
679
680
681
51
682
683
453
684 453 and 454
685 455
686 454
687 460
688 removed
689 removed
690 460
691 512
692 461
693 609
694 461
695(1) 462
695(2) 508(3)
695(3), (4) 514
696 Rep. 1947, c. 55, s. 20
697
698
463
699 464
700 463
701
702 463
703 672
704 636
705(a) 2(6)
705(b) 2(31)
705(c) removed
705(d) 2(39)
705(e) 733
706 692(d), 693
707 692(g), 705
708(1) 695(2)
708(2) to (4) 697
708(5) 692(g)
709 699
710 695, 696
711 604, 606, 700
712 447
713 604, 606, 700
714 428
715 709
716(1) 709(3)
716(2) 613, 616(1)
716(3) 617
716(4) 616(2)
717 702
718 710(3)
719 706
720 707
721 708
721A 712
722 710
723 701
724 704
725 703
726 711
727 713
728 714
729 removed
730 715
731 removed
732 699
733
734
735
736
737
738
716
739 694
740 621(4), 373
741
742
743
744
745
removed
746 621
747 removed
748(1) 637
748(2) to (5) 717
749 719, 720, 721
750 721, 722, 724, 725
751(1) 727
751(2) 731(2)
751(3) 728
751(4), (5) removed
752 727
752A Rep. 1947-48, c. 39, s. 32
753 727(4)
754 727 and 732
755 730
756 732(2)
757(1) 726(1)
757(2) 725(2)
757(3) 712(4)
757(4) 732(3)
758 731(1)
759 731(3) and (4)
760 729, 730
761 734
762(1) to (3) 735
762(4), (5) 736
763 737
764 738
765
766
740
767 741
768 739
769 742
769A 743
770 744
771(a) 466(b)
773 467
775 480
778 pt. 482
781(1) to (3) 468
781(4) 471, 482
781(5) 483
781(6) 507
782(1) 441(4) and (5)
782(2), (3) 470
783
784
469
785 468(3)
786 471
787 428
788 604
789 441, 606
790
791
792
793
482
794 574
795 630
796 450
797
698
799
484
800 to 821 Rep. 1947-48, c. 39, s. 36
822 removed
823(a) 466(a)
824 473
825(1) 472
825(5) 480
825(6) 474
826 474
827(1) 474
827(2) 474
827(3) 478
827(5) 482
828 475
829 479
830 475
831 481
832 477
833(1) 477
833(2), (3) 482(2)
834 478
834A
835
836
837
484
838 483
839 484
840 669
841(1) 610
841(2) 612
842(1) 610
842(2) 611
842(3) 612
843
844
491
845(1), (2) 491
845(3) 510(8)
846 removed
847(1) 55 and 492
847(2) 510
848 removed
849 502 and 503
850 removed
851 572
852
853
492
854 500
855(1) 493
855(2) 492
856 499, 501
857
858
501
859
860
497
861 494
862 495
863 496
864(a) to (d) removed
864(e) 270(2)
865 498
866
867
868
removed
869(1) 298(2)
869(2) removed
870 removed
871 removed
872 486
873(1) to (3) 487
873(4) 488
873(5) to (7) 489
874
875
504
876 505
877 506
878 removed
879 507
880
881
882
removed
883 446
884
885
508
886(1) 509
886(2) 669
887 508
888 421(1), (2)
889
890
510
891 500(2) and (3)
892 removed
893 510
894
895
896
512
897 513
898 510
899(2) 537
900
901(1), (2)
515
902
903
904
removed
905(1) 516
905(2) 522
906 516
907 518
908 517
909 519
910 520
911 521
912
913
266
914 532
915 533
916 528
917 removed
918 529
919 530
920 531
921 534
922 removed
923 535
924 536
925 538
926 539
927(1) to (5) 540
927(6) 541
928 550
929 552
929A 553
930
931
549
932 542
933 543
933A 541
934 546
935 547
RSC, 1927, c. 36 1953-54, c. 51
936 548
937 544
938 545
939 551
940 488(3)
941 446
942 557(3)
943 557
944 558
945(1), (2), (6) 554
945(3) to (5) 556
946 556
947 266
948 213(2)
949 567
950 568
951(1) and (2) 569
952 569
953 removed
954 503(2)
955 404
956 267
957 405
958 559
959 556
960 560
961 561
962 490
963 572
964 573
965 580
966 523
967 524
968 525
969 526
970 527
971 605
972(1) 610
972(2) 611
972(3) 612
973 603
974 608
975 611
976 607, 608
977 446
978 562
979 113(2)
980 removed
981 403
982 574
983 removed
984 565
985 169
986(1) to (3) 169
986(4) 170
987 326(2)
988 563
989 285(2), (3)
990 285(4), (5)
991 364
992 357
993 301
994 302
995
996
997
998
613 to 618
999 619(1)
1000 619(2)
1001 564
1002(a) 47(2)
1002(b) 115
1002(c) 131(1), 184(3)
1002(d) 242(2), 134
1002(e) 310(2)
1003(1) removed
1003(2) 566
1003(3) 99(f)
1004 575
1005 576
1006 634
1007 removed
1008
1009
577
1010 578
1011 579
1012 581
1013(1), (2) pt. 583
1013(2), (4), (5) pt. 584
1013(3) 582
1013(6) 585
1013(5) pt. 592(4)
1014(1)(a), (b), (c) 592(1)(a)
1014(1)(d) 592(1)(b)(iii)
1014(2) 592(2), (6)
1014(4) 592(5)
1015 593
1016(1) 592(1)(b)(i)
1016(2) 592(1)(b)(ii)(3)
1016(3) 592(1)(c)
1016(4) 592(2)(d)(iv)
1017 424(2)(d)(iv)
595
1018 586, 594
1019 587
1020 424, 588
1021(1) to (3) 424, 589
1021(4), (5) 590
1021(6), (7) 594
1021(8) 589(3)
1021(10) 591
1021(11) 424
1021(13) to (18) 424
1022(1) 658
1022(2) 596
1023(1) 597(1)
1023(2) pt. 597(2)
1023(3) 598
1023(4) 599
1024(1), (2) 600
1024(3), (4) removed
1024(1) 597, 598
1024(2) 599
1025A removed
1026 640
1027 5(1)
1028 621(1)
1029 621(2)
1030
1031
1032
1033
5(1)(b)
1034 654
1035(1), (2) 622
1035(3) 623
1035(4) 621(4)(c)
1035A 625
1036
1037
626
1038 627(1)
1039 355(2)
1040 removed
1041 to 1043 Rep. 1950, c. 11, s. 18
1044 removed
1045 631
1046
1047
removed
1048 628
1049 629
1050 630
1051 5(1)(b)
1052(1) 633
1052(2) 694(1)
1053 removed
1054 621
1054A(1) to (3) 661
1054A(4) 662
1054A(5) 661, 664
1054A(6) 665(2)
1054A(7) 666
1054A(8) 659
1054B 624
1055 621(4)
1056 634
1057 removed
1058
1059
637
1060 641
1061 removed
1062 642
1063 643
1064 644
1065
1066
1067
645
1068 646
1069 647
1070 648
1071 650
1072 649
1073 651
1074 652
1075 653
1076 655
1077 656
1078 removed
1079 removed
1080 658
1081 638
1082 removed
1083 639
1084
1085
657
1086
1087
668(1)
1088 672
1089 675
1090 672
1091 673
1092 670
1093 674
1094 676
1098
1099
668
676
1106 679
1107 678
1117 679
1120 681
1121 to 1122 682
1123 removed
1124 683
1125 684
1126 685
1127 686
1128 687
1129 682
1130 688
1131 689
1132 Rep. 1950, c. 11, s 21
1133 to 1139 Rep. 1951, c .47, s. 25
1140(1)(a)(i), (ii) 48(1)
1140(1)(c)(v) to (x) 133, 184(4)
1140(2) 48(2)
1141 627(2)
1142 693(2)
1143
1144
1145
1146
1147
1148
removed
1149 Rep 1950, c. 11 s 21
1150 removed
1151 rm s. 25
1152 753

See Also

List of Criminal Code Amendments (2000 to 2009)

2005 to 2009

See also: List of Criminal Code Amendments

2009, c. 29

2009, c. 29 (Bill C-25)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Truth in Sentencing Act 2009, c. 29 (Bill C-25) October 22, 2009 February 22, 2010 official text
CanLII text
Full Legislative History
Summary
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).
Amended Code Sec.
It replaces s. 719(3) and Form 21 in Part XXVIII.

2009, c. 28

2009, c. 28 (Bill S-4)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (identity theft and related misconduct) 2009, c. 28 (Bill S-4) October 22, 2009 January 8, 2010 official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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).

2009, c. 22

2009, c. 22 (Bill C-14)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (organized crime and protection of justice system participants) 2009, c. 22 (Bill C-14) June 23, 2009 October 2, 2009 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
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.

2009, c. 2

2009, c. 2 (Bill C-10)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Budget Implementation Act 2009, c. 2 (Bill C-10) March 12, 2009 On Royal Assent official text
CanLII text
Full Legislative History
Summary
Consequential amendments to the Code relating to larger changes to the Competition Act.
Amended Code Sec.
It amends s. 183

2008, c. 18

2008, c. 18 (Bill C-13)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"This enactment amends various provisions of the Criminal Code in relation to criminal procedure, language of the accused, sentencing and other matters."
Amended Code Sec.
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).

2008, c .12

2008, c. 12 (S-213)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (cruelty to animals) 2008, c. 12 (S-213) April 17, 2008 On Royal Assent official text
CanLII text
Full Legislative History
Summary
The "enactment amends the Criminal Code to increase the maximum penalties for animal cruelty offences."
Amended Code Sec.
It replaces s. 444, 445, 445.1, 446, 447, and 447.1.

2008, c. 6

39th Parliament, 2nd session

2008, c. 6 (C-2)
SI/2008-34
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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)
official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2007, c. 28

2007, c. 28 (Bill C-59)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (unauthorized recording of a movie) 2007, c. 28 (Bill C-59) June 22, 2007 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"This enactment amends the Criminal Code to prohibit the unauthorized recording of a movie in a movie theatre (camcording)."
Amended Code Sec.
It adds s. 432.

2007, c. 22

2007, c. 22 (Bill C-18)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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.
Amended Code Sec.

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.

2007, c. 20

2007, c. 20 (Bill C-277)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (luring a child) 2007, c. 20 (Bill C-277) June 22, 2007 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It replaces s. 172.1(2)(a) and (b).

2007, c. 13

2007, c. 13 (Bill C-48)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"This enactment makes technical amendments to the corruption and offence-related provisions of the Criminal Code to implement the United Nations Convention against Corruption."
Amended Code Sec.
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).

2007, c. 12

2007, c. 12 (Bill C-9)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (conditional sentence of imprisonment) 2007, c. 12 (Bill C-9) May 31, 2007 Dec 1, 2007 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It replaces s. 742.1.

2007, c. 9

2007, c. 9 (Bill C-26)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (criminal interest rate) 2007, c. 9 (Bill C-26) May 3, 2007 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It replaces s. 347(1). It adds s. 347.1.

2007, c. 5

2007, c. 5 (Bill S-3)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.

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.

2006, c. 14

2006, c. 14 (Bill C-19)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2006, c. 9

2006, c. 9 (Bill C-2)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Federal Accountability Act 2006, c. 9 (Bill C-2) December 12, 2006 March 1, 2007 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
It replaces s. 750(3).

2005, c. 44

2005, c. 44 (Bill C-53)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.

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).

2005, c. 43

2005, c. 43 (Bill C-49)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (trafficking in persons) 2005, c. 43 (Bill C-49) November 25, 2005 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.

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).

2005, c. 40

2005, c. 40 (Bill S-37)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code and the Cultural Property Export and Import Act 2005, c. 40 (Bill S-37) November 25, 2005 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.

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

2005, c. 38

2005, c. 38 (C-26)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Canada Border Services Agency Act 2005, c. 38 (C-26) November 3, 2005 December 12, 2005 official text
CanLII text
Full Legislative History
Summary
Incidental amendments in creating the Canada Border Services Agency.
Amended Code Sec.
It amends s. 2.

2005, c. 32

2005, c. 32 (Bill C-2)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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) official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2005, c. 25

2005, c. 25 (Bill C-13)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act 2005, c. 25 (Bill C-13) May 19, 2005 On Royal Assent and January 1, 2008 official text
CanLII text
Full Legislative History
Summary
Amended Code Sec.

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).

2005, c. 22

2005, c. 22 (Bill C-10)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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.

2005, c. 10

2005, c. 10 (Bill C-6)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Department of Public Safety and Emergency Preparedness Act 2005, c. 10 (Bill C-6) March 23, 2005 April 4, 2005 official text
CanLII text
Full Legislative History
Summary
Amended Code Sec.

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).

2000 to 2004

2004, c. 15

2004, c. 15 (C–7)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
It adds s. 83.231.

2004, c. 14

2004, c. 14 (Bill C-250)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (hate propaganda) 2004, c. 14 (Bill C-250) 6 May 2004 ? CanLII text Full Legislative History
Summary
Amended Code Sec.

2004, c. 12

2004, c. 12 (Bill C–14)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
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.

2004, c. 10

2004, c. 10 (Bill C-16)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts
Short: Sex Offender Information Registration Act
2004, c. 10 (Bill C-16) April 1, 2004 December 15, 2004 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.

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]

2004, c. 3

2004, c. 3 (Bill C–13)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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) official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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.

2003, c. 21

2003, c. 21 (Bill C-45)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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.
Amended Code Sec.
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.

2003, c. 8

2003, c. 8 (Bill C-10A)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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;"
Amended Code Sec.
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).

2002, c. 22

2002, c. 22 (Bill C-47)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Excise Act, 2001 2002, c. 22 (Bill C-47) June 13, 2002 On Royal Assent and July 1, 2003 official text
CanLII text
Full Legislative History
Summary
Consequential amendments to the Code in enacting the Excise Act (partially repealed at a later date)
Amended Code Sec.

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

2002, c. 13

2002, c. 13 (Bill C-15A)
37th Parl., 1st sess.
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to amend the Criminal Code and to amend other Acts
Short: Criminal Law Amendment Act, 2001
2002, c. 13 (Bill C-15A)
37th Parl., 1st sess.
June 4, 2002 July 23, 2003 (s. 79), June 1, 2004 (s. 24 to 46, 48, 59 and 72) official text
CanLII text
Full Legislative History
Senate
Summary
"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."
Amended Code Sec.

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.

2002, c. 7

2002, c. 7 (Bill C-39)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Yukon Act 2002, c. 7 (Bill C-39) April 1, 2003 March 27, 2002 official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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).

2002, c. 1

2002, c. 1 (Bill C-7)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Youth Criminal Justice Act 2002, c. 1 (Bill C-7) February 19, 2002 April 1, 2003 official text
CanLII text
Full Legislative History
Summary
Amended Code Sec.
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.

2001, c. 41

2001, c. 41 (Bill C-36)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
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].

2001, c. 37

2001, c. 37 (Bill C-46)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (alcohol ignition interlock device programs) 2001, c. 37 (Bill C-46) December 18, 2001 Dec 18, 2001 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It adds s. 259(1.1) to (1.4)

2001, c. 32

2001, c. 32 (Bill C-24)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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.
Amended Code Sec.
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].

2001, c. 27

2001, c. 27 (Bill C-11)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Immigration and Refugee Protection Act 2001, c. 27 (Bill C-11) November 1, 2001 June 28, 2002 (partially repealed) official text
CanLII text
Full Legislative History
Summary
Incidental amendments to the Criminal Code in creating the IRPA.
Amended Code Sec.
It amends s. 462.3, it replaces s. 477.1(a)(ii).

2001, c. 26

2001, c. 26 (Bill C-14)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Canada Shipping Act, 2001 2001, c. 26 (Bill C-14) November 1, 2001 July 1, 2001 official text
CanLII text
Full Legislative History
Summary
Incidental amendments to the Criminal Code when introducing the Canada Shipping Act.
Amended Code Sec.
It repeals s. 44.

2000, c. 25

2000, c. 25 (Bill C-18)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 final bill text Full Legislative History
Summary
Amended Code Sec.
It replaces s. 255(3), 256(1). It repeals s. 553(c)(vii).

2000, c. 24

2000, c. 24 (Bill C-19)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Crimes Against Humanity and War Crimes Act 2000, c. 24 (Bill C-19) June 29, 2000 October 23, 2000 final bill text
CanLII text
Full Legislative History
Summary
Amended Code Sec.
It repeals s. 7(3.71) to (3.77). It modifies s. 183, 469, 745. It replaces s. 607(6).

2000, c. 17

2000, c. 17 (Bill C-22)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Proceeds of Crime (Money Laundering) Act 2000, c. 17 (Bill C-22) June 29, 2000 October 28, 2001 final bill text
CanLII text
Full Legislative History
Summary
Minor incidental amendments to Code relating to Proceeds of Crime Act
Amended Code Sec.
It replaces s. 488.1(11).


2000, c. 10

2000, c. 10 (Bill S-10)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 final bill text Full Legislative History
Summary
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."
Amended Code Sec.
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.

2000, c. 2

2000, c. 2 (Bill C-202)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (flight) 2000, c. 2 (Bill C-202) March 30, 2000 March 30, 2000 final bill text Full Legislative History
Summary
Amended Code Sec.
It adds s. 249.1, and replaces s. 259(2), 622(5).

2000, c. 1

2000, c. 1 (Bill C-7)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 final bill text Full Legislative History
Summary
This act makes minor amendments to the Code.
Amended Code Sec.
It replaces s. 750(4).

See Also

List of Criminal Code Amendments (2010 to 2019)

This page was last substantively updated or reviewed January 2020. (Rev. # 79964)

2010 to 2019

See also: List of Criminal Code Amendments and List of Criminal Code Amendments (2020 to present)

2019, c. 25

2019, c. 25 (Bill C-75)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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
final reading draft text
CanLII text

full profile history Hansard 300, Hansard 310, Hansard 354, hansard from ourcommons.ca
backgrounder

Summary
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.
Amended Code Sec.

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.

2019, c. 17

2019, c. 17 (Bill C-84)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (bestiality and animal fighting) 2019, c. 17 (Bill C-84) June 21, 2019 On Royal Assent draft text

CanLII text

Legislative Backgrounder

Full Legislative History:

Commons
Senate
Summary
" 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."
Amended Code Sec.
s. 160, 445.1, and 447.

2019, c. 15

2019, c. 15 (Bill C-xxx)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
2019, c. 15 (Bill C-xxx) {{{7}}} {{{8}}}
Summary
Amended Code Sec.

2019, c. 14

2019, c. 14 (Bill C-68)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Fisheries Act and other Acts in consequence 2019, c. 14 (Bill C-68) June 21, 2019 August 28, 2019 [PC 2019-1184] CanLII text full profile history
Summary
Amended Code Sec.

2019, c. 13

2019, c. 13 (Bill C-22)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
National Security Act, 2017 2019, c. 13 (Bill C-22) June 21, 2019 August 1, 2019 [PC 2019-1091] CanLII text full profile history
Summary
Amended Code Sec.

2019, c. 11

2019, c. 11 (S-203)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 full profile history
Summary
Amended Code Sec.

2019, c. 9

2019, c. 9 (Bill C-71)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend certain Acts and Regulations in relation to firearms 2019, c. 9 (Bill C-71) June 21, 2019 ? Open Parliament status
CanLII text
full profile history
hansard
Summary
Amended Code Sec.

2018, c. 27

2018, c. 27 (Bill C-xx)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
2018, c. 27 (Bill C-xx) xx yy yy zz
Summary
zz
Amended Code Sec.
xx

2018, c. 26

2018, c. 26 (Bill C-47)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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)
draft text
CanLII text
full profile history
hansard

backgrounder

Summary
"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)
Amended Code Sec.
s. 183.

2018, c. 21

2018, c. 21 (Bill C-46)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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)
official text
CanLII text
Full Legislative History
Summary
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.
Amended Code Sec.
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.

2018, c. 29

2018, c. 29 (Bill C-51)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 final text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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

2018, c. 16

2018, c. 16 (Bill C-45)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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
official text
Full Text of Act
Full Legislative History
Summary
"...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."
Amended Code Sec.
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]

2018, c. 12

2018, c. 12 (Bill X-XX)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Budget Implementation Act, 2018, No 1 2018, c. 12 (Bill X-XX) June 21, 2018 September 19, 2018 (s. 403 to 405)
October 17, 2018 (s. 114)
official text
Full Text of Act
Summary
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"
Amended Code Sec.

2018, c. 11

2018 c. 11 (Bill C-66)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Expungement of Historically Unjust Convictions Act 2018 c. 11 (Bill C-66) June 21, 2018 June 21, 2018 official text
Full Text of Act
Full Legislative History
Summary
Amended Code Sec.

2017, c. 27

2017, c. 27 (Bill C-23)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act respecting the preclearance of persons and goods in Canada and the United States
Short: Preclearance Act, 2016
2017, c. 27 (Bill C-23) December 12, 2017 2019? Full Text of Act Full Legislative History
Summary
xxx
Amended Code Sec.
s. 117.071 and 579.001.

2017, c. 23

2017, c. 23 (Bill C-305)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (mischief) 2017, c. 23 (Bill C-305) December 12, 2017 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
Replaces s. 430(4.1). Adds s. 430(4.‍101)

2017, c. 22

2017, c. 22 (Bill S-231)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It adds s. 488.01.

2017, c. 7

2017, c. 7 (Bill C-37)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Text History
Summary
"It... makes ... amendments to the Criminal Code and the Seized Property Management Act" related to CDSA amendments.
Amended Code Sec.
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).

2017, c. 13

2017, c. 13 (Bill C-16)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
It replaces s. 318(4) and 718.2(a)(i)

2017, c. 33

2017, c. 33 (Bill C-63)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Short: Budget Implementation Act, 2017, No 2
2017, c. 33 (Bill C-63) December 14, 2017 official text Full Legislative History
Summary
Amended Code Sec.
s. 188

2016, c. 3

2016, c. 3 (Bill C-14)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
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

2015, c. 34

2015, c. 34 (Bill C-35)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It adds s. 270.03, 445.01 and 718.03

2015, c. 29

2015, c. 29 (Bill S-7)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Zero Tolerance for Barbaric Cultural Practices Act 2015, c. 29 (Bill S-7) June 18, 2015 July 16, 2015 [PC No 2015-1073] official text
CanLII text
Full Legislative History
Summary
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. ".
Amended Code Sec.
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).

2015, c. 23

2015, c. 23 (C-26)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts

Short: 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]
official text
CanLII text
Full Legislative History
Summary
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.
Amended Code Sec.
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.

2015, c. 20

2015, c. 20 (Bill C-51)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts

Short: Anti-terrorism Act, 2015

2015, c. 20 (Bill C-51) June 18, 2015 July 1 and August 1, 2015 [PC# 2015-1053] official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
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)

2015, c. 13

2015, c. 13 (Bill C-32)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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] official text
CanLII text
Full Legislative History
Summary
"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.
Amended Code Sec.
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).

2015, c. 3

2015, c. 3 (Bill C-47)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act 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

Short: Miscellaneous Statute Law Amendment Act, 2014

2015, c. 3 (Bill C-47) February 26, 2015 On Royal Assent official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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).

2015, c. 1

2015, c. 1 (Bill S-221)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Act to amend the Criminal Code (assaults against public transit operators) 2015, c. 1 (Bill S-221) February 25th, 2015 February 25th, 2015 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
s. 269.01.

2014, c. 39

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

2014, c. 32

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

2014, c. 31

2014, c. 31 (Bill C-13)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Protecting Canadians from Online Crime Act 2014, c. 31 (Bill C-13) December 9, 2014 March 9, 2015 official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
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).

2014, c. 25

2014, c. 25 (Bill C-36)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts
Short: Protection of Communities and Exploited Persons Act
2014, c. 25 (Bill C-36) November 6th, 2014 December 6th, 2014 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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.

2014, c. 23

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

2014, c. 32

2014, c. 21 (Bill C-489)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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.
Amended Code Sec.
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).

2014, c. 17

2014, c. 17 (Bill C-394)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2014, c. 10

2014, c. 10 (Bill C-444)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It adds 130.1 which increases penalties for the offence of personating peace officers.

2014, c. 9

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

2014, c. 6

2014, c. 6 (Bill C-14)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Not Criminally Responsible Reform Act 2014, c. 6 (Bill C-14) April 10, 2014 July 10, 2014 official text
CanLII text
Full Legislative History
Summary
"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.
Amended Code Sec.
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.

2013, c. 40

2013, c. 40 (Bill C-4)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Economic Action Plan 2013 Act, No 2 2013, c. 40 (Bill C-4) 12 December 2013 CanLII text Full Legislative History
Summary
Amended Code Sec.

2013, c. 32

2013, c. 32 (Bill C-299)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (kidnapping of young person) 2013, c. 32 (Bill C-299) June 26, 2013 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It amends s. 279 on kidnapping.

2013, c. 24

2013, c. 24 (Bill C-15)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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) official text
CanLII text
Full Legislative History
Summary
Minor grammatical edits.
Amended Code Sec.
It makes minor edits to french wording in s. 5 of Form 52

2013, c. 19

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

2013, c. 15

2013, c. 15 (C-309)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act 2013, c. 15 (C-309) June 19, 2013 On Royal Assent official text
CanLII text
Full Legislative History
Summary
"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
Amended Code Sec.
It amends s. 65 and 66.

2013, c. 13

2013, c. 13 (Bill S-9)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Nuclear Terrorism Act 2013, c. 13 (Bill S-9) June 19, 2013 November 1, 2013 [PC# 2013-0983] official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2013, c. 11

2013, c. 11 (Bill C-37)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Increasing Offenders’ Accountability for Victims Act 2013, c. 11 (Bill C-37) June 19, 2013 October 24, 2013 [PC# 2013-1061] official text
CanLII text
Full Legislative History
Summary
This Act amends s. 737 to require victim fine surcharges upon sentencing in all cases.
Amended Code Sec.
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)

2013, c. 9

2013, c. 9 (Bill S-7)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Combating Terrorism Act 2013, c. 9 (Bill S-7) April 25, 2013 July 15, 2013 official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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

2013, c. 8 (Bill C-55)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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) official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2012, c. 29

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

2012, c. 19

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

2012, c. 15

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

2012, c. 9

2012 c. 9 (Bill C-26)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Citizen's Arrest and Self-Defence Act 2012 c. 9 (Bill C-26) June 28, 2012 March 11, 2013 [PC# 2013-0016] official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
It replaces s. 34 to 42, 494(2), it adds s. 494(4).

2012, c. 6

2012, c. 6 (Bill C-19)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to amend the Criminal Code and the Firearms Act
Short: Ending the Long-gun Registry Act
2012, c. 6 (Bill C-19) April 5, 2012 April 5, 2012 official text
CanLII text
Full Legislative History
Summary
It removes requirements relating to the "requirement to register firearms that are neither prohibited nor restricted".
Amended Code Sec.
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).

2012, c. 1

2012, c. 1 (Bill C-10)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts
Short: Safe Streets and Communities Act
2012, c. 1 (Bill C-10) March 13, 2012 PC# 2012-00770]
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]
official text
CanLII text
Full Legislative History
Summary
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.
Amended Code Sec.
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.

2011, c. 16

2011, c. 16 (Bill C-2)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to amend the Criminal Code (mega-trials)
Short: 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] official text
CanLII text
Full Legislative History
Summary
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.
Amended Code Sec.
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.

2011, c. 7

2011, c. 7 (Bill C-30)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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] official text
CanLII text
Full Legislative History
Summary
"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."
Amended Code Sec.
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).

2011, c. 6

2011, c. 6 (Bill C-21)
SI/2011-82
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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] official text
CanLII text
Full Legislative History
Summary
Adds mandatory minimum for fraud over one million and amends the aggravating factors found in s. 380.1.
Amended Code Sec.
Creates prohibition orders under 380.2, more restitution orders under s. 380.3 and community impact statements under s. 380.4.

2011, c. 5

2011, c. 5 (Bill C-48)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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] official text
CanLII text
Full Legislative History
Summary
Amendments with respect to "parole inadmissibility period for offenders convicted of multiple murders".
Amended Code Sec.
It add s. 675(2.3), 676(6), 745.21, and 745.51.

2011, c. 2

2011, c. 2 (Bill S-6)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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] official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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).

2010, c. 20

2010, c. 20 (Bill C-464)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
An Act to amend the Criminal Code (justification for detention in custody) 2010, c. 20 (Bill C-464) December 15, 2010 On Royal Assent official text
CanLII text
Full Legislative History
Summary
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."
Amended Code Sec.
It replaces s. 515(10)(b).

2010, c. 19

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

2010, c. 17

2010, c. 17 (Bill S-2)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Protecting Victims From Sex Offenders Act 2010, c. 17 (Bill S-2) December 15, 2010 April 15, 2011 official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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.

2010, c. 14

2010, c. 14 (Bill S-9)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
Full: An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)
Short: Tackling Auto Theft and Property Crime Act
2010, c. 14 (Bill S-9) November 18, 2010 April 29, 2011 official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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).

2010, c. 3

2010, c. 3 (Bill C-268)
Act Name Citation Royal Assent In force Amendment Text Debates & Govt Docs
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 official text
CanLII text
Full Legislative History
Summary
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".
Amended Code Sec.
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)

See Also

List of Criminal Code Forms

See also: Criminal Code Forms, Criminal Code Forms (Form 1 to 5.3), Criminal Code Forms (Form 6 to 30), and Criminal Code Forms (Form 31 to 54)
Form Title Related Section Amendments Related Articles
Form 1 Information to Obtain a Search Warrant s. 320.29, 487 [Section 487 Search Warrants] R.S., 1985, c. C-46, Form 1; 2018, c. 21, s. 28. 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 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 184] 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. 320.29 and 487 R.S., 1985, c. C-46, Form 5;
1999, c. 5, s. 45; 2018, c. 21, s. 28.
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; 2019, c. 25, s. 330.
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;

2018, c. 16, s. 224, c. 21, s. 29; 2019, c. 25, s. 331; 2022, c. 17, s. 56.

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; 2019, c. 25, s. 332. 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; 2019, c. 25, s. 333. 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 ss. 320.29(5), 462.32(4)(a)(ii) and 487.093(1)(a)(ii) R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 17; 2018, c. 21, s. 30; 2022, c. 17, s. 57.
Form 5.2 Report to a Justice s. 489.1(3) [Report to a Justice] R.S., 1985, c. 27 (1st Supp.), s. 184; 2018, c. 21, s. 31; 2022, c. 17, s. 57. 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. s R.S., 1985, c. C-46, Form 6;
R.S., 1985, c. 27 (1st Supp.), s.184; 018, c. 29, s. 69; 2019, c. 25, s. 334.
Issuing Process
Form 6.1 Application for a Summons under Section 485.2 s. 485.2(1) 2022, c. 17, s. 58.
Form 6.2 Summons to Appear for the Purposes of the Identification of Criminals Act s. 485.2(1) 2022, c. 17, s. 58. 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; 2019, c. 25, s. 335.
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; 2019, c. 25, s. 336/
Continued Detention After Appearing Before a Justice
Form 9 Appearance Notice s. 2 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; 2018, c. 29, s. 70; 2019, c. 25, s. 337
Form 10 Undertaking s. 2 R.S., 1985, c. C-46, Form 10;
1994, c. 44, s. 84;
1997, c. 18, s. 115; 2018, c. 29, s. 70; 2019, c. 25, s. 337; 2022, c. 17, s. 59.
Promise to Appear, Issued by Police
Form 11 Release Order s. 2 R.S., 1985, c. C-46, Form 11;
1992, c. 1, s. 58;
1994, c. 44, s. 84;
1997, c. 18, s. 115; 2018, c. 29, s. 70; 2019, c. 25, s. 337.
Release by Police
Form 11.1 Order to Appear for the Purposes of the Identification of Criminals Act s. 515.01 1994, c. 44, s. 84;
1997, c. 18, s. 115;
1999, c. 25, s. 24;
2002, c. 13, s. 86(F); 2018, c. 29, s. 71; 2019, c. 25, s. 337; 2022, c. 17, s. 60.
Release by Police
Form 12 Surety Declaration s. 515.1 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; 2018, c. 29, s. 72; 2019, c. 25, s. 337. Release With and Without Sureties and Deposits
Form 13 [Repealed, 2019, c. 25, s. 337]
Form 14 [Repealed, 2019, c. 25, s. 337]
Form 15 Warrant To Convey Accused Before Justice of Another Territorial Division s. 543 R.S., 1985, c. C-46, Form 15; 2019, c. 25, s. 338.
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 ss. 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; 2019, c. 25, s. 339.
Arrest Warrants for Witnesses
Form 19 Warrant Remanding a Prisoner ss. 516 and 537 R.S., 1985, c. C-46, Form 19;
R.S., 1985, c. 27 (1st Supp.), s. 184; 2019, c. 25, s. 340.
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; 2019, c. 25, s. 341.
Witness Refusing to Testify
Form 21 Warrant of Committal on Conviction ss. 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; 2019, c. 25, s. 342.
Form 23 Warrant of Committal for Failure To Furnish Recognizance To Keep the Peace ss. 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; 2019, c. 25, s. 343.
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; 2019, c. 25, s. 344.
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 Amounts s. 773 R.S., 1985, c. C-46, Form 27;
R.S., 1985, c. 27 (1st Supp.), s. 184; 2019, c. 25, s. 345.
Estreatment of Recognizance
Form 28 Endorsement of Warrant s. 528 R.S., 1985, c. C-46, Form 28;
R.S., 1985, c. 27 (1st Supp.), s. 184; 2019, c. 25, s. 346.
Out of Province Arrest Warrants
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 2019, c. 25, s. 347.
Form 31 Deposition of a Witness s. 540 N/A Preliminary Inquiry Depositions
Form 32 Recognizance ss. 493, 550, 679, 706, 707, 810, 810.1, 817 and 832 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, 2019, c. 25, s. 348; 2022, c. 17, s. 61(F).
Release With and Without Sureties and Deposits
Form 33 Certificate of Default to Be Endorsed s. 770 R.S., 1985, c. C-46, Form 33;
R.S., 1985, c. 27 (1st Supp.), s. 203;
1994, c. 44, s. 84; 2019, c. 25, s. 349.
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 ss. 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 ss. 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 R.S., 1985, c. C-46, Form 38; 2019, c. 25, s. 350. Contempt of Court (Offence)
Form 39 Order for Discharge of a Person in Custody s. 519 and 550 R.S., 1985, c. C-46, Form 39; 2019, c. 25, s. 351.
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; 2019, c. 25, s. 352.
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; 2019, c. 25, s. 353. 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 ss. 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 ss. 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 ss. 490.02901 to 490.02903, 490.02905 and 490.032 2010, c. 17, s. 27. SOIRA Orders

Form text

See Also

Offences by Category

This page was last substantively updated or reviewed January 2021. (Rev. # 79964)

Offences

See also: Offences by Penalty

Public Order Offences (Part II)

[Pt. II – Offences Against Public Order (ss. 46 to 83)]:

Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
High Treason 46(1), 47(1) and (4) and 745 25 years without parole Life
Treason (overthrow gov't) 46(2)(a), (c), or (d), 47(2)(a) and 745 None Life
Treason (espionage while at war) 46(2)(b) or (e), 47(2)(b) and 745 None Life
Treason (espionage while not at war) 46(2)(b) or (e), 47(2)(c) and 745 None 14 years
Assist alien enemy 50(1)(a) and 50(2) None 14 years
Omission to prevent treason 50(1)(b) and 50(2) None 14 years
Intimidating Parliament 51 None 14 years
Sabotage 52(1) None
Inciting to mutiny 53 None 14 years
Assisting deserter 54
Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Offences respecting RCMP members 56 None 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019)
Procuring identity documents 56.1(4) None {{{6}}}
Forgery of or uttering forged passport 57(1) None 14 years {{{6}}}
False information respecting passport 57(2) None {{{6}}}
Possession of forged passport 57(3) None {{{6}}}
Fraudulent use of citizenship certificate 58(1) None {{{6}}}
Sedition 61 None 14 years {{{6}}}
Offences respecting military stores 62 None {{{6}}}
Participating in a riot 65(1) None {{{6}}}
Concealing identity during a riot 65(2) None {{{6}}}
Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Unlawful assembly 66(1) None
Concealment of identity during an unlawful assembly 66(2) None
Interfering with reading of riot proclamation or refusing to cease participation in riot 68 None
Peace officer’s neglect in riot situation
69 None
Unlawful training or drilling of milita 70(3) None
Forcible entry or forcible detainer 72 and 73 None
Piracy by law of nations 74 None
Piratical acts 75 None 14 years
Hijacking 76 None
Endangering safety of aircraft or airport 77 None
Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Offensive weapons and explosives on aircraft 78 None 14 years
Seizing control of ship or fixed platform 78.1(1) None
Violent act on board a shop or platform 78.1(2) None
False information re safe navigation 78.1(3) None
Threats to commit offences at 78.1(2) 78.1(4) None
Breach of duty of care re explosives endangering life 80(a) None
Breach of duty of care re explosives risking bodily harm 80(b) None 14 years
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
Possession of explosive with intent to destroy property or intent to endanger life 81(1)(c), (d) and 81(2)(b) None
Possession of explosive without lawful excuse 82(1) None
Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Possession of explosive for criminal organization 82(2) None 14 years
Possession, etc., of nuclear material, radioactive material or device 82.3
Use or alteration of nuclear material, radioactive material or device 82.4
Commission of indictable offence to obtain nuclear material, etc. 82.5
Threats to commit an offence relating to nuclear materials 82.6 None 14 years
Prize fights 83

Terrorism Offences (Part II.1)

[Pt. II.1 – Terrorism (ss. 83.01 to 83.33)]

Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Provide or collect property to further terrorism 83.02 None
Provide property or services for terrorist purposes 83.03(1) None
Provide property or services for use by terrorist group 83.03(2) None
Use or possession of property to further terrorism 83.04 None
Offences re freezing of property, disclosure or audit relative to terrorism 83.12 1 year jail with priors $100,000 and/or 2 years less a day
Participation in terrorist activity 83.18 None
Leaving Canada to participate in activity of terrorist group 83.181 None
Facilitating terrorist activity 83.19(1) None
Leaving Canada to facilitate terrorist activity 83.191 None
Committing an Offence for a Terrorist Group 83.2 None
Leaving Canada to commit offence for terrorist group 83.201 None
Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Leaving Canada to commit offence that is terrorist activity 83.202 None
Instructing activity for terrorist group 83.21(1) None
Instructing terrorist activity 83.22(1) None
Counselling commission of terrorism offence 83.221 None
Harbouring or concealing terrorist who committed an offence with maximum penalty of life 83.23(1)(a) None
Harbouring or concealing terrorist who committed an offence with maximum penalty of 14 years or less 83.23(1)(b) None
Harbouring or concealing person who is likely to carry out terrorist activity 83.23(2) None
Hoax re terrorist activity (no bodily harm or death) 83.231(2) None
Hoax re terrorist activity (bodily harm not death) 83.231(3) None
Hoax re terrorist activity (causing death) 83.231(4) None

Weapons Offences (Part III)

[Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]

Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Using firearm in commission of offence 85(1) and (3) 1 year or 3 years with prior
Using an imitation firearm in commission of offence 85(2) and (3) 1 year or 3 years with prior
Unsafe Storage or Careless Use of a Firearm - on second or more convictions 86(1) and (2) None 2 years (I)
summary election
Unsafe Storage or Careless Use of a Firearm - on first conviction 86(1) and (2) None 5 years (I)
summary election
Pointing a firearm 87(2) None
Possession of a weapon for purpose dangerous 88(2) None
Carrying weapon while attending public meeting 89(2) None
Carrying concealed weapon 90(2) None
Unauthorized possession of firearm 91(1) and (3) None
Unauthorized possession of prohibited weapon or restricted weapon 91(2) and (3) None
Offence Section Minimums Maximums CSO
Eligible
Mandatory
Consecutive Time
Possession of firearm knowing its possession is unauthorized 92(1) and (3) 1 year (if one prior); 2 years less a day (if two or more prior)
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized 92(2) and (3) 1 year (if one prior); 2 years less a day (if two or more prior)
Possession of weapon or firearm at unauthorized place 93(2) and (3) None
Unauthorized possession of weapon or firearm in vehicle 94(1) and (2) None
Possession of prohibited or restricted weapon with ammunition 95(2) 3 or 5 years with prior
Possession of weapon obtained by crime 96(2) 1 year (I)
Break and enter to steal firearm 98(4) None
Robbery to steal firearm 98.1 None
Weapons Trafficking (with any aggravating elements made out) 99(2)(a) and 99(2)(b) 3 or 5 years jail with prior
Weapons trafficking (w/out aggravating factors) 99(3) 1 year
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
Possession for purpose of weapons trafficking ((w/out aggravating factors) 100(3) 1 year
Transfer of firearm without authority 101(2) None
Assembling automatic firearm 102(2) 1 year (on Indictment) 1 year
Knowingly importing or exporting of unauthorized firearms (with aggravating factors) 103(2)(a) and 103(2)(b) 3 or 5 years jail with prior
Knowingly importing or exporting unauthorized firearms (w/out aggravating factors) 103(2.1) 1 year jail
Unauthorized importing or exporting firearms 104(2) None
Offences re lost, destroyed, defaced weapons 105(2) None
Destruction of weapons offences re report 106(2) None
False statements respecting firearms 107(2) None
Tampering with firearm serial number 108(2) None
Possession of firearm contrary to prohibition order 117.01(3) None

Administration of Justice Offences (Part IV)

[Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Bribery of a member of a legislature 119(1) None
Bribery of judicial officers 119(1) None
Bribery of public officers 120 None
Fraud on government 121(1) and (3) None
Contractor subscribing to election fund 121(1) and (3) None
Selling, etc., of tobacco products and raw leaf tobacco 121.1 90, 180, or 2 years less a day (with prior conviction(s))
Breach of trust by public officer 122 None
Bribing municipal official 123(1) None
Influencing municipal official 123(2) None
Selling or purchasing office 124 None
Influencing appointment in office 125 None
Disobeying a statute where no other set sentence 126(1) None
Disobey order of Court 127(1) None
Misconduct by officers executing process 128 None
Offences relating to public or peace officers 129 None
Personation of peace officer 130 None
Perjury 131 and 132 None
False statement 134(1) None
Witness giving contradictory evidence 136(1) None
Fabricating evidence 137 None
False affidavits 138 None
Obstruct justice by indemnifying a surety 139(1) None
Obstruct justice – trial process 139(2) None
Public mischief 140(2) None
Compounding indictable offence 141(1) None
Corruptly taking reward 142 None
Prison Breach 144 None
Escape and being at large without excuse 145(1) None
Failure to attend court or surrender 145(2) None
Failure to comply with appearance notice or summons 145(3) None
Failure to comply with undertaking 145(4) None
Failure to comply with release order 145(5) None
Permitting or assisting escape 146 None
Rescue or permitting escape 147 None
Aid prisoner of war to escape 148 None

Sexual Offences and Disorderly Offences (Part V)

[Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Offence Section Minimums Maximums Mandatory
Consecutive Time
Sexual interference 151
Invitation to sexual touching 152 1 year or less jail
Sexual exploitation 153
Sexual exploitation of persons with disability 153.1 None
incest (16 years or more) 155
incest (under 16 years) 155
Bestiality 160(1) None
Compelling bestiality 160(2) None
Bestiality in presence of child 160(3)
Breach of 161 prohibition order 161(4) None
Voyeurism 162(1) None
Distribution of voyeurism material 162(4) None
Distribution of intimate images 162.1(1) None
Breach of s. 162.2 Internet Prohibition Order 162.2(4) None
Corrupting morals 163 and 169 None
Making of child pornography 163.1(2) 1 year
Distribution child pornography 163.1(3) 1 year
Possession of Child Pornography 163.1(4) 1 year / 6 months
Accessing of Child Pornography 163.1(4.1) 1 year / 6 months
Immoral theatrical performance 167 and 169 None
Mailing obscene matter 168 and 169 None
Parent or guardian procuring sexual activity under 16 170
Householder permitting sexual activity under 18 171
Making sexually explicit material available to child 171.1(2)
Corrupting children 172(1) None
Luring a child 172.1(2)
Agreement or arrangement — sexual offence against child 172.2
Indecent act 173(1) None
Indecent exposure 173(2)
Nudity 174(1)
Causing a Disturbance 175(1)
Obstructing or violence to or arrest of officiating clergyman 176(1)
Disturbing religious worship or certain meetings 176(2)
Disturbing disturbs the order or solemnity of a meeting 176(3)
Trespassing at Night 177
Offensive volatile substance 178
Common nuisance 180(1)
Indignity or neglect of dead body 182

Invasion of Privacy Offences (Part VI)

[Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Interception of private communication 184(1) None
Interception of radio-based telephone communications 184.5(1) None
Possession of equipment for wiretapping illegally 191(1) None
Disclosure of information from wiretap 193(1) None
Disclosure of information from wiretap, radio 193.1(1) None

Disorderly Houses, Gaming and Betting (Part VII)

[Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Keeping gaming or betting house 201(1) None
Found in in common gaming or betting house 201(2) None
Book-making (if no prior offences) 202(2)(a) None
Book-making 202(2)(b) and 202(2)(c) 14 days or 3 months jail
Placing bets for others (if no prior offences) 203(d) None
Placing bets for others 203(e) and 203(f) 14 days or 3 months jail
Breach of gambling rules and regulations 204(10) None
Offence in relation to lotteries and games of chance 206(1) None
Lottery offence involving ticket 206(4) None
Offences involving management of permitted lottery scheme 207(3)(a) None
Offences involving permitted lottery scheme 207(3)(b) None
Offences involving management of permitted lottery scheme (on ship) 207.1(3)(a) None
Offences involving permitted lottery scheme (on ship) 207.1(3)(b) None
Cheating at play 209 None
Stopping or Impeding Traffic by Prostitution 213(1) None
Soliciting Near Children 213(1.1) None

Offences Against the Person (Part VIII)

[Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Failure to provide necessaries of life 215(3) None
Abandoning child 218 None
Causing death by criminal negligence (involving the use of a firearm) 220(a) 4 years imprisonment Life No
Negligence causing death (no firearm) 220(b) None Life No
Criminal negligence causing bodily harm 221 None
Infanticide 233 and 237 None
First Degree Murder 235 and 745 25 years without parole Life Varies
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) 235 and 745 25 years without parole Life Varies
Second Degree Murder 235 and 745 10 years without parole Life Varies
Manslaughter (Failure to safeguard ice opening or excavation resulting in death) 236 and 263 None No
Manslaughter (involving use of a firearm) 236(a) 4 years Life No
Manslaughter (not involving use of a firearm) 236(b) None Life No
Killing unborn child in act of birth 238 None
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm) 239(1)(a.1) 4 years
Attempted Murder (with restricted or prohibited firearm) 239(1)(a)(i) and (ii) 5 or 7 years with prior
Attempt to commit murder (no use of a firearm) 239(1)(b) None
Accessory after fact to murder 240 None
Trafficking in human organs — Removal without informed consent 240.1(1) None 14 years incarceration No
Trafficking in human organs — Financial transaction 240.1(2) None 14 years incarceration No
Counselling suicide 241 None
Failure to comply with safeguards 241.3 None
Forgery or destruction of documents re assisted dying 241.4 None
Neglect to obtain assistance and concealing birth 242 None
Concealing body of child 243 None
Discharging firearms with intent to wound (with aggravated factors) 244(2)(a)(i) and (ii) Minimum of 5 or 7 years with prior
Discharging firearms with intent to wound, maim, etc. (without aggravating factors) 244(2)(b) 4 years jail
Causing bodily harm with air gun with intent 244.1 None
Discharging firearm — recklessness (w/ restr. firearm or prohib. firearm) 244.2(3)(a) 4 years jail
Discharging firearm — recklessness (without restricted firearm or prohibited firearm) 244.2(3)(b)
Administer noxious thing with intent to endanger life 245(1)(a) None
Administer noxious thing with intent to aggrieve or annoy 245(1)(b) None
Overcoming resistance to commission of offence – choking 246(a) None
Overcoming resistance to commission of offence – drugging 246(b) None
Set trap likely to cause bodily harm or death 247(1) None
Keep trap and cause death in place to commit offence 247(1) and 247(5) None
Set trap and actually cause bodily harm 247(2) None
Keep trap to cause bodily harm to commit offence 247(3) None
Keep trap and cause bodily harm in place to commit offence 247(4) None
Interfere with transportation likely to cause death 248 None
Interfere with transportation likely to cause death 262 None
Criminal Harassment 264 None
Utter threats to cause death or bodily harm 264.1(2) None
Utter threats to destroy property or animals 264.1(3) None
Assault 266 None
Assault with a Weapon 267(a) None
Assault Causing Bodily Harm 267(b) None
Aggravated Assault 268 None
Unlawfully cause bodily harm 269 None
Unlawfully cause bodily harm (failure to safeguard ice opening or excavation causing bodily harm) 269, 263(3)(b)
Torture 269.1 None
Assaulting a peace officer 270(1) and (2) None
Assault of peace officer with a weapon or causing bodily harm 270.01 None
Aggravated assault of peace officer 270.02 None
Disarming a peace officer 270.1 None
Sexual Assault - victim under 16 years 271(a) 1 year
Sexual Assault, victim 16 years old or greater 271(a) None
Sexual assault w/ restricted or prohibited firearm 272(2)(a) Minimum of 5 or 7 years with prior
Sexual assault, w/ non-prohibited firearm and relating to criminal org 272(2)(a) Minimum of 5 or 7 years with prior
Sexual assault w/ a non-restricted firearm used 272(2)(a.1) 4 years jail
Sexual assault with a weapon or causing bodily harm, victim under 16 272(2)(a.2) 5 years jail
Sexual assault with a weapon (no aggravating elements) 272(2)(b) None
Sexual assault causing bodily harm (no aggravating elements) 272(2)(b) None
Aggravated sexual assault w/ restricted or prohibited firearm 273(2)(a)
Aggravated sexual assault, w/ non-prohibited firearm and re criminal org 273(2)(a)
Aggravated sexual assault w/ a non-restricted firearm used 273(2)(a.1) 4 years
Aggravated sexual assault, victim under 16 years 273(2)(a.2) 5 years jail
Aggravated sexual assault (no aggravating elements) 273(2)(b) None
Removal of child from Canada 273.3(2)
Breach of publication prohibition re 276.1 applications 276.3(2) None
Breach of publication prohibition re s. 278.3 applications 278.9(2) None
Kidnap, traffic persons, hostages and abduct. with restr. firearm etc or for a crim. org. (w/o priors) 279(1.1)(a)(i)
Kidnap, traffic persons, hostages and abduct. with restr. firearm etc or for a crim. org. (w/ priors) 279(1.1)(a)(ii)
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm 279(1.1)(a.1) 4 years
Kidnapping, trafficking in persons under the age of 16, hostage taking and abduction 279(1.1)(a.2)
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm 279(1.1)(b) None
Unlawful confinement, imprisonment, seizure 279(2) None
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death) 279.01(1)(a) 5 years
Trafficking in persons (victim aged 18 or greater) 279.01(1)(b)
Trafficking in persons (without enumerated aggravating factors) 279.01(2) 4 years imprisonment
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death) 279.011(1)(a) 6 years
Trafficking in persons under the age of 18 years (without enumerated aggravating factors) 279.011(1)(b) 5 years
Profiting from trafficking in persons 279.02(1) None
Profiting from trafficking in persons, under 18 years 279.02(2) 2 years imprisonment
Withholding or destroying documents in respect of human trafficking - victim 18 years and above 279.03(1) None
Withholding or destroying documents in respect of human trafficking, persons under 18 years 279.03(2) 1 year
Hostage taking with restricted firearm or for benefit of criminal org (w/o priors) 279.1(2)(a)(i)
Hostage taking with restricted firearm or for benefit of criminal org (w/ priors) 279.1(2)(a)(ii)
Hostage taking with a non-restricted firearm 279.1(2)(a.1) 4 years
Hostage taking (without aggravating elements) 279.1(2)(b) None
Abduction of person under 16 (other than parent or guardian) 280(1)
Abduction of person under fourteen (other than parent or guardian) 281 None
Abduction in contravention of custody order 282(1) None
Abduction (by parent or guardian) 283(1) None
Obtaining sexual services for consideration 286.1(1) $2,000 or $4,000 (if near persons under 18 years)
Obtaining sexual services for consideration (near public, w/o priors) 286.1(1)
Obtaining sexual services for consideration (near public, w/ priors) 286.1(1)
Obtaining sexual services for consideration (not near public, w/o priors) 286.1(1)
Obtaining sexual services for consideration (not near public, w/ priors) 286.1(1)
Obtaining sexual services for consideration from person under 18 years, w/o priors 286.1(2)
Obtaining sexual services for consideration from person under 18 years, w/ priors 286.1(2)
Material benefit from sexual services 286.2(1) None
Material benefit from sexual services — person under 18 years 286.2(2) 2 years jail
Procuring — person 18 years or over 286.3(1) None
Procuring — person under 18 years 286.3(2) 5 years jail
Advertising sexual services 286.4 None
Bigamy 291(1) None
Procuring feigned marriage 292(1) None
Polygamy 293(1) None
Forced marriage 293.1 None
Marriage under age of 16 years 293.2 None
Pretending to solemnize marriage 294 None
Solemnizing marriage contrary to law 295 None
Publishing defamatory libel knowing it to be false 300 None
Publishing defamatory libel (not aggravating under s. 300) 301 None
Extortion by libel 302(3) None
Hate propaganda 318(1) None
Public incitement of hatred 319(1) None
Wilful promotion of hatred 319(2) None
Conversion therapy 320.102
Promoting or advertising conversion therapy 320.103 No
Material benefit from conversion therapy 320.104 No

Offences Relating to Conveyances (Part VIII.1)

[Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Dangerous operation of a conveyance 320.13(1), 320.19(5) None
Dangerous Operation When Accident Causes Bodily Harm 320.13(2), 320.2
Dangerous operation when accident causes death 320.13(3), 320.21
Operation While Impaired by Drug or Alcohol 320.14(1)(a), 320.19(1)
Operation While Over 80 BAC 320.14(1)(b), 320.19(1) and (3)
Operation While Drug Exceeds Regs re Drugs 320.14(1)(c), 320.19(1)
Operation While Blood Drug Exceeds Regs re Drugs 320.14(1)(d), 320.19(1)
Operation while impaired and causing bodily harm 320.14(2), 320.2
Operation While Impaired or Blood Concentration Over and Causing Death 320.14(3), 320.21
Operation with low blood drug concentration 320.14(4) None
Refusal 320.15(1), 320.19(1), (4)
Refusal with accident resulting in bodily harm 320.15(2), 320.2
Refusal with accident resulting in death 320.15(3), 320.21
Failure to Stop at Accident 320.16(1), 320.19(5)
Failure to Stop After Accident Resulting in Bodily Harm 320.16(2), 320.2
Failure to stop after accident resulting in death 320.16(3), 320.21
Flight from peace officer 320.17, 320.19(5) None
Operation While Prohibited 320.18, 320.19(5) None

Property Offences (Part IX)

[Pt. IX – Offences Against Rights of Property (ss. 321 to 378)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Possession, etc., of device to obtain use of telecommunication facility or telecommunication service 327(1) None
Theft by person required to account 330
Theft by person holding power of attorney 331
Misappropriation of money held under direction 332
Motor vehicle theft 333.1 6 months (w/ two priors)
Theft over $5,000 or testamentary instrument 334(a) None
Theft under $5,000 or not of testamentary instrument 334(b) None
Take auto without consent 335(1) None
Breach of trust 336 None
Fraud respecting cattle 338(1) None
Theft of cattle 338(2) None
Drift timber fraud 339(1) None
Unlawful timber marks dealings 339(2) None
Destroying documents of title 340 None
Fraudulent concealment 341 None
Theft, forgery of credit card 342(1)
Credit card data offence 342(3)
Instruments for credit card fraud 342.01(1) None
Unauthorized use of computer 342.1(1) None
Possession of device to obtain computer service 342.2(1) None
Theft, forgery of credit card 342(1) None
Credit card data offence 342(3) None
Robbery with restricted or prohibited firearm, w/out priors 344(1)(a)(i)
Robbery with non-restricted firearm and related to criminal org, w/o priors 344(1)(a)(i)
Robbery with restricted or prohibited firearm, w/ priors 344(1)(a)(ii)
Robbery with non-restricted firearm and related to criminal org, w/ priors 344(1)(a)(ii)
Robbery with non-restricted firearm 344(1)(a.1)
Robbery with non-restricted firearm 344(1)(b)
Stopping mail with intent to obtain 345 None
Extortion (w/ restricted firearm or for benefit of a crim. org.), w/o priors 346(1.1)(a)(i)
Extortion (w/ restricted firearm or for benefit of a crim. org.), w/ priors 346(1.1)(a)(ii)
Extortion (with non restricted firearm) 346(1.1)(a.1)
Extortion (no firearm or other aggravating facts) 346(1.1)(b) None
Criminal interest rate 347(1) None
Break and Enter into a Dwelling House 348(1)(d) None
Break and enter of a non dwelling-house 348(1)(e) None
Unlawfully in a dwelling-house 349(1) None
Possession of break-in instruments 351(1) None
Disguise with intent 351(2) None
Possession of instruments to break into coin machines 352 None
Sale of automobile master key 353(1) None
Failure to record sale of automobile master key 353(4)
Tampering with vehicle identification number 353.1 None
Possession of stolen goods over $5,000 or testamentary instrument 354 and 355(a)
Possession of stolen goods under $5,000 and not of test. instr. 354 and 355(b)
Trafficking in stolen property over $5,000 355.2, 355.5 None
Trafficking in stolen property no more than $5,000 355.2, 355.5 None
Poss'n for the purpose of trafficking in stolen property over $5,000 355.4, 355.5 None
Poss'n for the purpose of trafficking in stolen property no more than $5,000 355.4, 355.5 None
Theft from mail 356(1) and (3) None
Bring into Canada property obtained by crime 357 None
False pretence over $5,000 or involving a testamentary instrument 362(1)(a) and (2)(a) None
False pretence not over $5,000 and not involving a testamentary instrument 362(1)(a) and (2)(b) None
Obtain credit by false pretence 362(1)(b) and (3)
Obtain benefit by false pretence re re-embursement 362(1)(c) and (3)
Obtain benefit by false pretence by third party 362(1)(d) and (3)
Obtaining execution of valuable security by fraud 363 None
Fraud in obtaining food, beverage or lodging 364(1) None
Forgery 366 and 367 None
Utter forged document 368(1) None
Possess, use, traffic, etc in forgery instruments 368.1 None
Offence involving exchequer bill paper, public seal 369 None
False message 372(1) and (4) None
Indecent phone call 372(2) and (4) None
Harassing telephone call 372(3) and (4) None
Drawing document without authority 374 None
Obtaining instrument based on forged document 375 None
Counterfeiting stamp 376(1) None
Counterfeiting mark 376(2) None
Damaging documents 377(1) None
Offences in relation to registers 378 None

Fraudulent Transactions (Part X)

[Pt. X – Fraudulent Transactions Relating to Contracts and Trade (ss. 379 to 427)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Fraud Over $5,000 380(1)(a) 2 years jail (over $1 mill., s. 380(1.1))
Fraud involving a testamentary instrument 380(1)(a) None
Fraud under $5,000 and not involving a testamentary instrument 380(1)(b) None
Fraud affecting public markets of stocks, etc. 380(2) None
Breach of s. 380.2 fraud prohibition order 380.2 None
Using mails to defraud 381 None
Fraudulent manipulation of stock exchange deals 382 None
Prohibited insider trading 382.1(1) None
Passing on insider information 382.1(2) None
Gaming in stock or merchandise 383(1) None
Broker reducing stock by selling for own account 384 None
Fraudulent concealment of title documents 385(1) None
Fraudulent registration of title 386 None
Fraudulent sale of real property 387 None
Misleading receipt 388 None
Fraudulent disposal of goods on which $ advanced 389(1) None
Fraudulent receipts under Bank Act 390 None
Trade secret 391(1) and (3)
Trade secret – prior knowledge 391(2) and (3)
Disposal of property to defraud creditors 392 None
Fraud in relation to fares 393(1) None
Offering advantage to avoid paying fare 393(2) None
Fraudulently obtaining transportation 393(3) None
Fraud in relation to valuable minerals by holder of lease or licence 394(1) and (4) None
Sale of valuable mineral save by lawful authority 394(2) and (4) None
Purchase of valuable mineral save from owner 394(3) and (4) None
Possession of stolen or fraudulently obtained valuable minerals 394.1(3) None
Offences in relation to mines 396(1) None
Falsification of books and documents 397(1) None
Participation in falsification of books and docs 397(2) None
Falsifying employment record 398 None
False return by public officer 399 None
False prospectus 400(1) None
Obtaining carriage by false billing 401(1) None
Identity theft 402.2(1) and (5) None
Trafficking in identity information 402.2(2) and (5) None
Personation with intent / Identity fraud 403(3) None
Acknowledging instrument in false name 405 None
Forging a trade mark to deceive or defraud 407 and 412(1) None
Passing off wares or trademarks to deceive or defraud 408 and 412(1) None
Possession of instruments for forging trade marks 409 and 412(1) None
Other offences in relation to trade marks 410 and 412(1) None
Used goods sold without disclosure 411 and 412(1) None
Offences respecting wrecks 415 None
Applying or removing marks without authority 417(1) None
Receiving or possessing public stores bearing mark 417(2) None
Sale of defective stores to Her Majesty 418(1) None
Participation in fraud re sale of defective stores 418(2) None
Unlawful use of military uniforms or certificates 419 None
Offences re military stores 420(1) None
Criminal breach of contract 422(1) None
Intimidation 423(1) None
Intimidation of a justice system participant 423.1 None
Intimidation impeding health services 423.2 None
Threat against an internationally protected person 424 None
Threat against U.N. or associated personnel 424.1 None
Offences by employers re union activity 425 None
Threats and retaliation vs employees re union work 425.1(2) None
Secret commission 426(1) and (3) None
Secret commission – privy 426(2) and (3) None

Offences Relating to Certain Types of Property (Part XI)

[Pt. XI – Wilful and Forbidden Acts in Respect of Certain Property (ss. 428 to 447.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Mischief causing actual danger to life 430(2) None
Mischief over $5000 or involving testament 430(3) None
Mischief under $5,000 and not involving testament 430(4) None
Mischief to religious building etc 430(4.1) None
Mischief relating to war memorials 430(4.11) $1,000/14 days/30 days
Mischief to cultural property 430(4.2) None
Mischief to data 430(1.1) and (5) None
Mischief in special circumstances re danger to life, or to data or property 430(5.1) None
Attack on premises, residence or transport of internationally protected person 431 None
Attack on premises, residence or transport of U.N. or associated personnel 431.1 None
Explosives offence re public or government facility 431.2(2) None
Unauthorized recording of a movie (not for profit) 432(1) None
Unauthorized recording of a movie (for profit) 432(2) None
Arson (disregard for human life) 433 None
Arson — damage to property 434 None
Arson causing damage to own property 434.1 None
Arson for fraudulent purpose 435(1) None
Arson by negligence 436(1) None
Possession of incendiary material 436.1 None
False alarm of fire 437 None
Interference with saving of wrecked vessel 438(1) None
Wilful interference with attempts to save wreck 438(2) None
Interference with marine signal 439(1) None
Interference with signal, buoy or sea-mark used for the purpose of navigation 439(2) None
Remove natural bar without permission 440 None
Occupant injuring building 441 None
Interfere with boundary line 442 None
Interfere with international boundary line 443(1) None
Injuring or endangering other animals 445(2) None
Killing or injuring law enforcement animals 445.01(2) 6 months (I)
Cruelty to animals 445.1(2) None
Unlicenced ownership re captive whales 445.2(2) and (5) None
Unlicenced business re captive whales 445.2(4) and (5) None
Causing damage or injury to animals 446(2) None
Arena for animal fighting 447(2) None
Breach of prohibition order re possession of animals 447.1(2)

Currency Offences (Part XII)

[Pt. XII – Offences Relating to Currency (ss. 448 to 462)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Make counterfeit money 449 None
Possession of counterfeit money 450 None
Having clippings for gold without justification 451 None
Use of counterfeit money 452 None
Utter counterfeit coin 453 None
Possession of slugs and tokens 454 None
Clip or utter coin 455 None
Deface current coin 456 None
Creating likeness of bank-notes 457(3) None
Possession of materials for counterfeiting 458 None
Conveying instruments for counterfeiting from mint 459 None
Advertising and dealing in counterfeit money, etc 460(1) None

Proceeds of Crime (Part XII.2)

[Pt. XII.2 – Proceeds of Crime (ss. 462.3 to 462.5)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Laundering proceeds of crime 462.31(2) None
Breach of proceeds of crime restraint order 462.33(11)

Attempts, Conspiracy and Accessories (Part XIII)

[Pt. XIII – Attempts – Conspiracies – Accessories (ss. 463 to 467.2)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Attempt or accessory to indictable offence punishable by life imprisonment 463(a) None
Attempt or accessory to indictable offence punishable by 14 years 463(b) varies
Attempt or accessory to indictable offence punishable by 10 years 463(b) varies
Attempt or accessory to indictable offence punishable by 5 years 463(b) varies
Attempt or accessory to indictable offence punishable by summary conviction 463(c)
Attempt or accessory to hybrid offence 463(d)
Conspiracy to commit murder 465(1)(a) None
Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years 465(1)(b)(i) None
Conspiracy to commit an indictable offence punishable by less than 14 years 465(1)(b)(ii) None
Participation in activities of criminal organization 467.11(1) None
Recruitment of members under the age of 18 by a criminal organization 467.111(a)
Recruitment of members by a criminal organization 467.111(b)
Commission of offence for criminal organization 467.12(1)
Instructing commission of offence for criminal organization 467.13(1) None
Recruitment of members by a criminal organization 467.111 None
Recruitment of members under the age of 18 by a criminal organization 467.111 6 months

Special Procedure and Powers (Part XV)

[Pt. XV – Special Procedure and Powers (ss. 483 to 492.2)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Use of seized bodily substances for other than DNA analysis 487.08(3) None
Breach of limited use order of DNA re 487.08(1.1) 487.08(4) None
Failure to comply with a preservation demand 487.0197 None
Financial institution that fails to comply with production order 487.0198 None
Failure to comply with a data preservation demand 487.0199 None
Failure to comply with DNA order 487.0552(1) None
Breach of Order of Restraint for Offence-related Property 490.8 None
Breach of restraint order under 490.9 490.8(9) None
Breach of SOIRA order 490.031(1) None
Breach of SOIRA order (false or misleading information) 490.0311(a) None
Breach of SOIRA Order, failing to notify of identity and address 490.0312 None

Compelling Appearance of an Accused Before a Justice and Interim Release (Part XVI)

[Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of non-publication order from show cause 517(2) None

Procedure on Preliminary Inquiry (Part XVIII)

[Pt. XVIII – Procedure on Preliminary Inquiry (ss. 535 to 551)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of non-publication order at preliminary 539(3) None
Breach of restriction of publication of reports of preliminary inquiry 542(2) None

Procedure in Jury Trials and General Provisions (Part XX)

[Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of non-publication order in jury trial 648(2) None
Disclosure of jury information 649 None

Mental Disorder (Part XX.1)

[Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of limitation re information that prior verdict of NCR 672.37(3)
Order restricting publication re certain offences before Review Board 672.501(11) None

Procuring Attendance (Part XXII)

[Pt. XXII – Procuring Attendance (ss. 697 to 715.2)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Contempt of court 708

Sentencing (Part XXIII)

[Pt. XXIII – Sentencing (ss. 716 to 751.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of prohibition on use of bodily substance under a probation order 732.11(4) None
Breach of Probation 733.1 None
Breach of prohibition on use of bodily substance under a conditional sentence order – use of substance 742.31(1) and (4) None
Breach of prohibition on use of bodily substance under a conditional sentence order – use of results 742.31(1) and (4) None
Failure to comply with a custodial non-communication order 743.21 None
First or Second Degree Murder (Young Offender) 745.1 5 to 7, 10 years (variable)

Dangerous Offenders and Long-Term Offenders (Part XXIV)

[Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of long-term supervision order 753.3 None

Summary Convictions (Part XXVII)

[Pt. XXVII – Summary Convictions (ss. 785 to 840)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of a prohibition on use or disclosure of bodily substance or results of analysis obtained by a peace bond 810.4(4) None
Breach of a recognizance (peace bond) order under s. 83.3 or 810 to 810.2 811 None

Drug Offences

Offence Section Minimums Maximums Mandatory
Consecutive Time
Possession - Schedule I (opiates and related), w/o priors 4(3) CDSA
Possession - Schedule I (opiates and related), w/ priors 4(3) CDSA
Possession - Schedule II (cannaboids), w/o priors 4(4) CDSA
Possession - Schedule II (cannaboids), w/ priors 4(4) CDSA
Possession - Schedule III (psychedelics), w/o priors 4(6) CDSA
Possession - Schedule III (psychedelics), w/ priors 4(6) CDSA
Seek or obtain - Schedule III (opiates and related), w/o priors 4(7)(a)(i) or (b)(i) CDSA
Seek or obtain - Schedule III (opiates and related), w/ priors 4(7)(a)(i) or (b)(ii) CDSA
Seek or obtain - Schedule II (cannaboids), w/o priors 4(7)(a)(ii) or (b)(i) CDSA
Seek or obtain - Schedule II (cannaboids), w/ priors 4(7)(a)(ii) or (b)(ii) CDSA
Seek or obtain - Schedule III (psychedelics), w/o priors 4(7)(a)(iii) or (b)(i) CDSA
Seek or obtain - Schedule III (psychedelics), w/ priors 4(7)(a)(iii) or (b)(ii) CDSA
Seek or obtain - Schedule IV (barbiturates), w/o priors 4(7)(a)(iv) or (b)(i) CDSA
Seek or obtain - Schedule IV (barbiturates), w/ priors 4(7)(a)(iv) or (b)(ii) CDSA
Trafficking/PFP of Trafficking in Substance – Sch. I or II 5(3)(a) CDSA
Trafficking/PFP of Trafficking in Substance – Sch. I or II re crim. org. or violence 5(3)(a)(i) CDSA
Trafficking/PFP of Trafficking in Substance – Sch. I or II re youth or prison 5(3)(a)(ii) CDSA
Trafficking in substance – Schedule III or V 5(3)(b) CDSA
Trafficking in substance – Schedule IV 5(3)(c) CDSA
importing and exporting Schedule I (up to 1kg) and II drugs, w/o aggravation 6(3)(a) CDSA
importing and exporting Schedule I (up to 1kg) and II drugs, w/ aggravation 6(3)(a) CDSA
importing and exporting Schedule I (exceeding 1kg) and II drugs 6(3)(a.1) CDSA
importing and exporting Schedule III, V and VI drugs 6(3)(b) CDSA
importing and exporting Schedule IV drugs 6(3)(c) CDSA
Production Schedule I (opiates and related), w/o aggravation 7(2)(a) CDSA
Production Schedule I (opiates and related), w/ aggravation 7(2)(a) and (3) CDSA
Production Schedule II (cannaboids), w/o aggravation 7(2)(a.1) CDSA
Production Schedule II (cannaboids), w/ aggravation 7(2)(a.1) and (3) CDSA
Production Schedule III or V 7(2)(c) CDSA
Production Schedule IV 7(2)(d) CDSA

Youth Criminal Justice Act Offences

Offence Section Minimums Maximums Mandatory
Consecutive Time
Inducing a Young Person 136 YCJA
Breach of Youth Order 137 YCJA
Breach of Youth Placement Order 139(1) YCJA

Repealed and Unconstitutional Offences

Offence Section Minimums Maximums Mandatory
Consecutive Time
Indecent Assault 149, 156
Sexual Intercourse with Step-Daughter 158
Gross Indecency
Abortion
Anal Intercourse
Counselling or Aiding Suicide
Procuring and Living on the Avails of Prostitution
Rape

Miscellaneous Offences by Topic

See also

Offences by Penalty

This page was last substantively updated or reviewed April 2022. (Rev. # 79964)

Offences

See Also

List of Hybrid Offences=

See also: Offences by Penalty, List of Summary Conviction Offences, and List of Straight Indictable Offences
This page was last substantively updated or reviewed April 2022. (Rev. # 79964)

Maximum Penalty of 14 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Sexual interference
From July 17, 2015
151 1 year jail (I)
90 days (S)
"two years less a day" (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" (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" (s. 718.3(7))a
Bestiality in presence of child
From July 17, 2015
160(3) 1 year imprisonment "two years less a day" (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" (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" (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" (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)
(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"
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"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
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"
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"
Possess, use, traffic, etc in forgery instruments 368.1 N/A summary conviction

Maximum Penalty of 10 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Sabotage
From September 19, 2019
52(1) N/A "summary conviction"
Concealing identity during a riot
From September 19, 2019
65(2) N/A summary conviction
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
Hoax re terrorist activity (bodily harm not death)
From September 19, 2019
83.231(3) N/A summary conviction
Possession of a weapon for purpose dangerous 88(1) N/A summary conviction
Unauthorized possession of weapon or firearm in vehicle 94(1) N/A summary conviction
Possession of prohibited or restricted weapon with ammunition 95(2) 3 or 5 years with prior 1 year
Possession of weapon obtained by crime 96(2) 1 year (I) "summary conviction"
Assembling automatic firearm 102(2) 1 year (on Indictment) 1 year
Possession of firearm contrary to prohibition order 117.01(3) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Obstruct justice with elements of aggravation
From September 19, 2019
139(2) N/A summary conviction
Prison Breach
From September 19, 2019
144 N/A summary conviction
Bestiality 160(1) N/A summary conviction
Compelling bestiality 160(2) N/A summary conviction
Possession of Child Pornography
From July 17, 2015
163.1(4) 1 year "two years less a day" (s. 718.3(7))a
Accessing of Child Pornography
From July 17, 2015
163.1(4.1) 1 year "two years less a day" (s. 718.3(7))a
Criminal negligence causing bodily harm
From September 19, 2019
221 N/A "summary conviction"
Set trap and actually cause bodily harm
From September 19, 2019
247(2) N/A "summary conviction"
Keep trap to cause bodily harm to commit offence
From September 19, 2019
247(3) N/A "summary conviction"
Impeding attempt to save life
From September 19, 2019
262 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Criminal Harassment 264(3) N/A summary conviction
Assault with a Weapon
From September 19, 2019
267(a) N/A "summary conviction"
Assault Causing Bodily Harm
From September 19, 2019
267(b) N/A "summary conviction"
Unlawfully cause bodily harm
From September 19, 2019
269 N/A "summary conviction"
Unlawfully cause bodily harm (failure to safeguard ice opening or excavation causing bodily harm) 269, 263(3)(b) N/A 18 months imprisonment
Assault of peace officer with a weapon or causing bodily harm
From September 19, 2019
270.01 N/A "summary conviction" (s. 270.03)
Sexual Assault, victim 16 years old or greater
From August 9, 2012
271(a) N/A 18 months imprisonment
Unlawful confinement, imprisonment, seizure
From September 19, 2019
279(2) N/A "summary conviction"
Profiting from trafficking in persons
From September 19, 2019
279.02(1) N/A "summary conviction"
Abduction of person under fourteen (other than parent or guardian)
From September 19, 2019
281 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Abduction in contravention of custody order 282(1) N/A summary conviction
Abduction (by parent or guardian) 283(1) N/A summary conviction
Material benefit from sexual services
From September 19, 2019
286.2(1) N/A "summary conviction"
Dangerous operation of a conveyance
From December 18, 2018
320.13(1), 320.19(5) N/A Two years less a day
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
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
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
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
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
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Failure to Stop at Accident
From December 18, 2018
320.16 (1), 320.19(5) Two years less a day
flight from peace officer
From December 18, 2018
320.17, 320.19(5) N/A Two years less a day
Operation While Prohibited
From December 18, 2018
320.18, 320.19(5) N/A Two years less a day
Motor vehicle theft
From September 19, 2019
333.1 6 months (with 2 or more priors) "two years less a day"
Theft of cattle
From September 19, 2019
338(2) N/A "summary conviction"
Destroying documents of title
From September 19, 2019
340 N/A "summary conviction"
Theft, forgery of credit card 342(1) N/A summary conviction
Credit card data offence 342(3) N/A summary conviction
Instruments for credit card fraud 342.01(1) N/A summary conviction
Unauthorized use of computer 342.1(1) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Break and enter of a non dwelling-house 348(1)(e) N/A summary conviction
Unlawfully in a dwelling-house 349(1) N/A summary conviction
Possession of break-in instruments 351(1) N/A "summary conviction"
Disguise with intent
From September 19, 2019
351(2) N/A "summary conviction"
Theft from Mail 356(3) N/A Summary conviction
Bring into Canada property obtained by crime
From September 19, 2019
357 N/A "summary conviction"
False pretence over $5,000 or involving a testamentary instrument
From September 19, 2019
362(2)(a) N/A "summary conviction"
Forgery 366, 367 N/A summary conviction
Utter forged document 368(1) N/A summary conviction
Fraudulent manipulation of stock exchange deals
From September 19, 2019
382 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Prohibited insider trading
From September 19, 2019
382.1(1) N/A "summary conviction"
Offences in relation to mines
From September 19, 2019
396(1) N/A "summary conviction"
False prospectus
From September 19, 2019
400(1) N/A "summary conviction"
Personation with intent / Identity fraud 403 N/A summary conviction
Intimidation impeding health services
From January 16, 2022
423.2 N/A "summary conviction"
Threat against U.N. or associated personnel
From September 19, 2019
424.1 N/A "summary conviction"
Mischief over $5000 or involving testament 430(3) N/A summary conviction
Mischief to religious building etc
From September 19, 2019
430(4.1) N/A "summary conviction"
Mischief relating to war memorials
From September 19, 2019
430(4.11) $1,000, 14 days jail, 30 days jail "summary conviction"
Mischief to cultural property 430(4.2) N/A summary conviction
Mischief to data 430(5) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Arson for fraudulent purpose
From September 19, 2019
435(1) N/A "summary conviction"
Interference with signal, buoy or sea-mark used for the purpose of navigation
From September 19, 2019
439(2) N/A "summary conviction"
Laundering proceeds of crime 462.31(2) N/A summary conviction
Breach of long-term supervision order
From September 19, 2019
753.3 N/A "summary conviction"
Drug Trafficking (Schedule III) CDSA 5 18 months imprisonment N/A
Importing and exporting drugs, (Schedule III, V, or VI) CDSA 6(3)(b) N/A 18 months imprisonment
Drug production (Schedule III) CDSA 7(2)(c) N/A 18 months imprisonment

Maximum Penalty of 7 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Drug possession (Schedule I) CDSA 4(3) N/A 6 months or 1 year with priors
Obtain drugs from practitioner (Schedule I) CDSA 4(7) N/A 6 months or 1 year with priors

Maximum Penalty of 5 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Procuring Identity Documents 56.1 N/A summary conviction
Possession of forged passport
From September 19, 2019
57(3) N/A summary conviction
Offences respecting military stores
From September 19, 2019
62 N/A summary conviction
Concealment of identity during an unlawful assembly 66(2) N/A summary conviction
Unlawful training or drilling of milita
From September 19, 2019
70 N/A summary conviction
Possession of explosive without lawful excuse
From September 19, 2019
82(1) N/A summary conviction
Hoax re terrorist activity (no bodily harm or death)
From September 19, 2019
83.231(2) N/A "summary conviction"
Unsafe Storage or Careless Use of a Firearm - on second or more convictions 86(1), (2) N/A summary conviction
Pointing a firearm 87(2) N/A summary conviction
Carrying concealed weapon 90(2) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Unauthorized possession of firearm 91(1) N/A summary conviction
Unauthorized possession of prohibited weapon or restricted weapon 91(2) N/A summary conviction
Possession of weapon or firearm at unauthorized place 93(2) N/A summary conviction
Transfer of firearm without authority 101(2) N/A summary conviction
Unauthorized importing or exporting firearms 104(2) N/A "summary conviction"
Offences re lost, destroyed, defaced weapons 105(2) N/A "summary conviction"
Destruction of weapons offences re report 106(2) N/A "summary conviction"
False statements respecting firearms 107(2) N/A "summary conviction"
Tampering with firearm serial number 108(2) N/A "summary conviction"
Fraud on government
From September 19, 2019
121(3) N/A
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
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Breach of trust by public officer
From September 19, 2019
122 N/A
Bribing municipal official
From September 19, 2019
123(1) N/A
Influencing municipal official
From September 19, 2019
123(2) N/A
Selling or purchasing office
From September 19, 2019
124 N/A
Influencing appointment in office
From September 19, 2019
125 N/A
Personation of peace officer 130 N/A summary conviction
Public mischief 140(2) N/A summary conviction
Corruptly taking reward
From September 19, 2019
142 N/A summary conviction
Rescue or permitting escape
From September 19, 2019
147 N/A
Aid prisoner of war to escape
From September 19, 2019
148 N/A
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Sexual exploitation of persons with disability
From September 19, 2019
153.1(1) N/A summary conviction
Voyeurism 162(1) N/A summary conviction
Distribution of voyeurism material 162(4) N/A summary conviction
Distribution of intimate images 162.1(1) N/A summary conviction
Possession of Child Pornography
August 9, 2012 to July 17, 2015
163.1(4) 6 months imprisonment 18 months imprisonment (s. 718.3(7))a
Possession of Child Pornography
November 1, 2005 to August 9, 2012
163.1(4) 45 days 18 months imprisonment (s. 718.3(7))a
Accessing of Child Pornography
August 9, 2012 to July 17, 2015
163.1(4.1) 6 months imprisonment 18 months imprisonment (s. 718.3(7))a
Accessing of Child Pornography
November 1, 2005 to August 9, 2012
163.1(4.1) 45 days 18 months imprisonment (s. 718.3(7))a
Indignity or neglect of dead body
From September 19, 2019
182 N/A
Interception of private communication
From September 19, 2019
184(1) N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Interception of radio-based telephone communications
From September 19, 2019
184.5(1) N/A
Failure to provide necessaries of life
From September 19, 2019
215(3) N/A summary conviction
Abandoning child
From September 19, 2019
218 N/A summary conviction
Infanticide
From September 19, 2019
237 N/A summary conviction
Failure to comply with safeguards
From September 19, 2019
241.3 N/A summary conviction
forgery or destruction of documents re assisted dying
From September 19, 2019
241.4 N/A summary conviction
Neglect to obtain assistance and concealing birth
From September 19, 2019
242 N/A summary conviction
Keep trap and cause death in place to commit offence
From September 19, 2019
247(1) and 247(5) N/A summary conviction
Utter threats to cause death or bodily harm
From September 19, 2019
264.1(2) N/A "summary conviction"
Assault 266 N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Assaulting a peace officer 270(1) and (2) N/A summary conviction (s. 270.03)
Disarming a peace officer
From September 19, 2019
270.1 N/A "summary conviction"
Removal of child from Canada 273.3(2) N/A summary conviction
Withholding or destroying documents in respect of human trafficking - victim 18 years and above
From September 19, 2019
279.03(1) N/A "summary conviction"
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" (s. 718.3(7))a
Advertising sexual services
From September 19, 2019
286.4 N/A "summary conviction"
Bigamy
From September 19, 2019
291(1) N/A "summary conviction"
Procuring feigned marriage
From September 19, 2019
292(1) N/A "summary conviction"
Polygamy
From September 19, 2019
293(1) N/A "summary conviction"
Forced marriage
From September 19, 2019
293.1 N/A "summary conviction"
Marriage under age of 16 years
From September 19, 2019
293.2 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Publishing defamatory libel knowing it to be false
From September 19, 2019
300 N/A "summary conviction"
Extortion by libel
From September 19, 2019
302(3) N/A "summary conviction"
Conversion therapy
From January 7, 2022
320.102 N/A summary conviction
Fraud respecting cattle
From September 19, 2019
338(1) N/A "summary conviction"
Drift timber fraud
From September 19, 2019
339(1) N/A "summary conviction"
Criminal interest rate 347(1) N/A "$25,000" and/or 6 months
Criminal interest rate
From September 19, 2019
347(1) N/A "$25,000" or "two years less a day"
Tampering with vehicle identification number 353.1 Summary conviction N/A
Trafficking in stolen property no more than $5,000 355.2, 355.5 N/A Summary conviction
Poss'n for the purpose of trafficking in stolen property no more than $5,000 355.4, 355.5 N/A Summary conviction
Obtaining execution of valuable security by fraud
From September 19, 2019
363 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Damaging documents
From September 19, 2019
377(1) N/A "summary conviction"
Offences in relation to registers
From September 19, 2019
378 N/A "summary conviction"
Passing on insider information 382.1(2) N/A summary conviction
Gaming in stock or merchandise
From September 19, 2019
383(1) N/A "summary conviction"
Reducing stock by selling for own account
From September 19, 2019
384 N/A "summary conviction"
Fraudulent registration of title
From September 19, 2019
386 N/A "summary conviction"
Fraud in relation to valuable minerals by holder of lease or licence
From September 19, 2019
394(1) N/A "summary conviction"
Sale of valuable mineral save by lawful authority
From September 19, 2019
394(2) N/A "summary conviction"
Purchase of valuable mineral save from owner
From September 19, 2019
394(3) N/A "summary conviction"
Possession of stolen or fraudulently obtained valuable minerals
From September 19, 2019
394.1(3) N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Falsification of books and documents
From September 19, 2019
397(1) N/A "summary conviction"
Participation in falsification of books and docs
From September 19, 2019
397(2) N/A "summary conviction"
False return by public officer
From September 19, 2019
399 N/A "summary conviction"
Identity theft 402.2(1) N/A Summary conviction
Trafficking in identity information 402.2(2) N/A Summary conviction
Acknowledging instrument in false name
From September 19, 2019
405 N/A "summary conviction"
Offences re military stores 420(1) N/A summary conviction
Criminal breach of contract 422(1) N/A summary conviction
Intimidation 423(1) N/A summary conviction
Threat against an internationally protected person
From September 19, 2019
424 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Threats and retaliation vs employees re union work 425.1(2) N/A summary conviction
Secret commission
From September 19, 2019
426(3) N/A "summary conviction"
Mischief in special circumstances re danger to life, or to data or property 430(5.1) N/A summary conviction
Unauthorized recording of a movie (for profit) 432(2) N/A summary conviction
Arson by negligence
From September 19, 2019
436(1) N/A "summary conviction"
Possession of incendiary material
From September 19, 2019
436.1 N/A "summary conviction"
Interference with saving of wrecked vessel
From September 19, 2019
438(1) N/A "summary conviction"
Occupant injuring building
From September 19, 2019
441 N/A "summary conviction"
Interfere with international boundary line
From September 19, 2019
443(1) N/A "summary conviction"
Injuring or endangering cattle 444(2) N/A $10,000 and/or 18 months
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Injuring or endangering other animals
From September 19, 2019
445(2) N/A "$10,000" and/or "two years less a day"
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" (s. 445.01(3))
Cruelty to animals
From September 19, 2019
445.1(2) N/A "$10,000" and/or "two years less a day"
Arena for animal fighting
From September 19, 2019
447(2) N/A $10,000 and/or "two years less a day"
Having clippings for gold without justification
From September 19, 2019
451 N/A "summary conviction"
Conspiracy to commit an indictable offence punishable by less than 14 years 465(1)(b)(ii) N/A N/A
Participation in activities of criminal organization
From September 19, 2019
467.11(1) N/A "summary conviction" (s. 467.14)
Breach of Order of Restraint for Offence-related Property
From September 19, 2019
490.8 N/A "summary conviction"

Maximum Penalty of 5 Years Less a Day Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Drug possession (Schedule II) CDSA 4(4) N/A 6 months or 1 year
Obtain drugs from a practitioner (Schedule II) CDSA 4(7) N/A 6 months or 1 year

Maximum Penalty of 4 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Breach of 161 prohibition order
From September 19, 2019
161(4) N/A summary conviction
Breach of s. 162.2 Internet Prohibition Order
From September 19, 2019
162.2(4) N/A summary conviction
Breach of Probation
From September 19, 2019
733.1 N/A "summary conviction"
Breach of a recognizance (peace bond) order under s. 83.3 or 810 to 810.2
From September 19, 2019
811 N/A "summary conviction"

Maximum Penalty of 3 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Drug possession (Schedule III) CDSA 4(6) N/A 6 months or 1 year
Obtain drugs from a practitioner (Schedule III) CDSA 4(7) N/A 6 months or 1 year
Obtain drugs from a practitioner (Schedule III)
(with Priors)
CDSA 4(7) N/A 6 months or 1 year
Drug trafficking (Schedule IV) CDSA 5(3)(c)(i) N/A 1 year
Importing and exporting drugs, (Schedule IV) CDSA 6(3)(c) N/A 1 year
Drug production (Schedule IV) CDSA 7(2)(d) N/A 1 year

Maximum Penalty of 2 Years Imprisonment by Indictment

Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
False information respecting passport 57(2) N/A summary conviction
Fraudulent use of citizenship certificate
From September 19, 2019
58(1) N/A summary conviction
Participating in a riot
From September 19, 2019
65(1) N/A summary conviction
Peace officer’s neglect in riot situation
From September 19, 2019
69 N/A summary conviction
Unsafe Storage or Careless Use of a Firearm - on first conviction 86(1),(2) N/A summary conviction
Forcible entry or forcible detainer 72 and 73 N/A summary conviction
Disobeying a statute where no other set sentence
From September 19, 2019
126(1) N/A summary conviction
Disobey order of Court 127(1) N/A summary conviction
Misconduct by officers executing process
From September 19, 2019
128 N/A summary conviction
Offences relating to public or peace officers 129 N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
False affidavits
From September 19, 2019
138 N/A "summary conviction"
Obstruct justice (aggravating elements of 139(2) not being made out) 139(1) N/A summary conviction
Compounding indictable offence
From September 19, 2019
141(1) N/A "summary conviction"
Escape and being at large without excuse 145(1) N/A summary conviction
Failure to attend court or surrender
From December 18, 2019
145(2) N/A "summary conviction"
Failure to comply with appearance notice or summons
From December 18, 2019
145(3) N/A "summary conviction"
failure to comply with undertaking
From December 18, 2019
145(4) N/A "summary conviction"
failure to comply with release order
From December 18, 2019
145(5) N/A "summary conviction"
Permitting or assisting escape
From September 19, 2019
146 N/A "summary conviction"
Obscenity 163 and 169 N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Immoral theatrical performance 167 and 169 N/A summary conviction
Mailing obscene matter 168 and 169 N/A summary conviction
Corrupting children
From September 19, 2019
172(1) N/A "summary conviction"
Indecent act
From September 19, 2019
173(1) N/A summary conviction
Indecent exposure 173(2) 90 days (I)
30 days (S)
summary conviction
Obstructing or violence to or arrest of officiating clergyman
From September 19, 2019
176(1) N/A summary conviction
Common nuisance
From September 19, 2019
180(1) N/A
Possession of equipment for wiretapping illegally
From September 19, 2019
191(1) N/A summary conviction
Disclosure of information from wiretap
From September 19, 2019
193(1) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Disclosure of information from wiretap
From September 19, 2019
193.1(1) N/A summary conviction
Keeping gaming or betting house
From September 19, 2019
201(1) N/A summary conviction
Breach of gambling rules and regulations 204(10) N/A Summary conviction
Lotteries Offences respecting lotteries
From September 19, 2019
206(1) N/A
Offences involving management of permitted lottery scheme 207(3)(a) N/A summary conviction
Offences involving management of permitted lottery scheme (on ship) 207.1(3)(a) N/A summary conviction
Cheating at play
From September 19, 2019
209 N/A
Concealing body of child
From September 19, 2019
243 N/A summary conviction
Utter threats to destroy property or animals 264.1(3) N/A summary conviction
Pretending to solemnize marriage
From September 19, 2019
294 N/A "summary conviction"
Solemnizing marriage contrary to law
From September 19, 2019
295 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Publishing defamatory libel (not aggravating under s. 300)
From September 19, 2019
301 N/A "summary conviction"
Public incitement of hatred 319(1) N/A summary conviction
Wilful promotion of hatred 319(2) N/A summary conviction
Promoting or advertising conversion therapy
From January 7, 2022
320.103 N/A summary conviction
Material benefit from conversion therapy
From January 7, 2022
320.104 N/A summary conviction
Possession, etc., of device to obtain use of telecommunication facility or telecommunication service
From ??
327(1) N/A "summary conviction"
Theft under $5,000 or not of testamentary instrument 334(b) N/A summary conviction
Fraudulent concealment
From September 19, 2019
341 N/A "summary conviction"
Possession of device to obtain computer service 342.2(1) N/A summary conviction
Possession of instruments to break into coin machines
From September 19, 2019
352 N/A "summary conviction"
Sale of automobile master key
From September 19, 2019
353(1) N/A "summary conviction"
Possession of stolen goods under $5,000 and not of testamentary instrument 355(b) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
False pretence not over $5,000 and not involving a testamentary instrument 362(2)(b) N/A summary conviction
False message
From March 9, 2015
372(1) N/A summary conviction
Indecent phone call 372(2) N/A summary conviction
Harassing telephone call 372(3) N/A summary conviction
Fraud under $5,000 and not involving a testamentary instrument 380(1)(b) N/A summary conviction
Breach of s. 380.2 fraud prohibition order 380.2 N/A summary conviction
Using mails to defraud
From September 19, 2019
381 N/A "summary conviction"
Fraudulent concealment of title documents
From September 19, 2019
385(1) N/A "summary conviction"
Fraudulent sale of real property
From September 19, 2019
387 N/A "summary conviction"
Misleading receipt
From September 19, 2019
388 N/A "summary conviction"
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Fraudulent disposal of goods on which $ advanced
From September 19, 2019
389(1) N/A "summary conviction"
Fraudulent receipts under Bank Act
From September 19, 2019
390 N/A "summary conviction"
Disposal of property to defraud creditors
From September 19, 2019
392 N/A "summary conviction"
Fraud in relation to fares
From September 19, 2019
393(1) N/A "summary conviction"
Offering advantage to avoid paying fare
From September 19, 2019
393(2) N/A "summary conviction"
Forging a trade mark to deceive or defraud 407 and 412(1) N/A summary conviction
Passing off wares or trademarks to deceive or defraud 408 and 412(1) N/A summary conviction
Possession of instruments for forging trade marks 409 and 412(1) N/A summary conviction
Other offences in relation to trade marks 410 and 412(1) N/A summary conviction
Used goods sold without disclosure 411 and 412(1) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Offences respecting wrecks 415 N/A summary conviction
Applying or removing marks without authority
From September 19, 2019
417(1) N/A "summary conviction"
Receiving or possessing public stores bearing mark 417(2) N/A summary conviction
Mischief under $5000 and not involving testament 430(4) N/A summary conviction
Unauthorized recording of a movie (not for profit) 432(1) N/A summary conviction
False alarm of fire 437 N/A summary conviction
Remove natural bar without permission
From September 19, 2019
440 N/A "summary conviction"
Causing damage or injury to animals
From September 19, 2019
446(2) N/A "summary conviction"
Utter counterfeit coin
From September 19, 2019
453 N/A "summary conviction"
Failure to comply with DNA order 487.0552(1) N/A summary conviction
Offence Section Minimums Summary Election Maximum CSO
Eligible
(On Indictment)
Mandatory
Consecutive Time
Breach of limited use order of DNA re 487.08(1.1) 487.08(4) N/A summary conviction
Breach of SOIRA order
From September 19, 2019
490.031(1) N/A $10,000 and/or "two years less a day"
Breach of SOIRA order (false or misleading information)
From September 19, 2019
490.0311(a) N/A $10,000 and/or "two years less a day"
Failure to comply with a custodial non-communication order
From September 19, 2019
743.21 N/A "summary conviction"

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 imprisonment 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 imprisonment 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 imprisonment 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 imprisonment No
Assault of peace officer with a weapon or causing bodily harm
Until September 19, 2019
270.01 None 18 months imprisonment 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 imprisonment 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 imprisonment No
forgery or destruction of documents re assisted dying
Until September 19, 2019
241.4 None 18 months imprisonment 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 imprisonment 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 imprisonment 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

This page was last substantively updated or reviewed January 2021. (Rev. # 79964)
See also: Offences by Penalty, List of Hybrid Offences, and List of Summary Conviction Offences

Minimum Punishment is Imprisonment for Life

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
High Treason 46(1), 47(1) and 745 25 years without parole
Treason (overthrow gov't) 47 (2)(a), (c), or (d) and 745 N/A
Treason (espionage while at war) 47 (2)(b) or (e) and 745 N/A
First Degree Murder 235 and 745 25 years without parole Varies[1]
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) 235 and 745 25 years without parole [2]
Second Degree Murder 235 and 745 10 years without parole Varies
  1. see Cruel and Unusual Punishment and R v Bissonnette, 2022 SCC 23
  2. see Cruel and Unusual Punishment and R v Bissonnette, 2022 SCC 23

Maximum Punishment of Imprisonment for Life

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Interfering with reading of riot proclamation or refusing to cease participation in riot 68 N/A
Piracy by law of nations 74 N/A
Hijacking 76 N/A
Endangering safety of aircraft or airport 77 N/A
Seizing control of ship or fixed platform 78.1(1) N/A
Violent act on board a shop or platform 78.1(2) N/A
False information re safe navigation 78.1(3) N/A
Threats to commit offences at 78.1(2) 78.1(4) N/A
Breach of duty of care re explosives endangering life 80(a) N/A
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm 81(1)(a), (b) and 81(2)(a) N/A
Possession, etc., of nuclear material, radioactive material or device 82.3 N/A
Use or alteration of nuclear material, radioactive material or device 82.4 N/A
Commission of indictable offence to obtain nuclear material, etc. 82.5 N/A
Committing an Offence for a Terrorist Group 83.2 N/A (see 742.1(d)) (see 83.26)
Instructing activity for terrorist group 83.21(1) N/A (see 742.1(d)) (s. 83.26)
Instructing terrorist activity 83.22(1) N/A (see 742.1(d)) (s. 83.26)
Hoax re terrorist activity (causing death) 83.231(4) N/A (see 742.1(d))
Break and enter to steal firearm 98(4) N/A
Robbery to steal firearm 98.1 N/A
Causing death by criminal negligence (involving the use of a firearm) 220(a) 4 years imprisonment (see 742.1(b))
Negligence causing death (no firearm) 220(b) N/A
Manslaughter (involving use of a firearm) 236(a) 4 years (see 742.1(b))
Manslaughter (not involving use of a firearm) 236(b) N/A
Killing unborn child in act of birth 238 N/A
Attempted Murder (with restricted or prohibited firearm) 239(1)(a)(i) and (ii) 5 or 7 years with prior (see 742.1(c)(i))
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm) 239(1)(a.1) 4 years (see 742.1(c)(i))
Attempt to commit murder (no use of a firearm) 239(1)(b) N/A (see 742.1(c)(i))
Accessory after fact to murder 240 N/A
Overcoming resistance to commission of offence 246 N/A
Interfere with transportation likely to cause death 248 N/A
Manslaughter (Failure to safeguard ice opening or excavation resulting in death) 236, 263(3)(a) N/A
Sexual assault with a weapon or causing bodily harm, victim under 16
From July 17, 2015
272(2)(a.2) 5 years jail (see 742.1(b)) (s. 718.3(7))a
Aggravated sexual assault victim under 16 years
From November 6, 2012
273(2)(a.2) 5 years jail (see 742.1(b)) (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 (if prior, see 742.1(b))
Aggravated sexual assault with a non restricted firearm 273(2)(a.1) 4 years (see 742.1(b))
Aggravated sexual assault without a firearm 273(2)(b) N/A
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 (if prior, see 742.1(b))
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm 279(1.1)(a.1) 4 years (see 742.1(b))
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 (see 742.1(b))
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm 279(1.1)(b) N/A
Hostage taking with restricted firearm or for benefit of criminal organization 279.1(2)(a)(i) and (ii) 5 or 7 years with prior (if prior, see 742.1(b))
Hostage taking with a non-restricted firearm 279.1(2)(a.1) 4 years (see 742.1(b))
Hostage taking (without aggravating elements) 279.1(2)(b) N/A (see 742.1(b))
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death) 279.01(1)(a) 5 years (see 742.1(b))
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death) 279.011(a) 6 years (see 742.1(b)) (s. 718.3(7))a
dangerous operation when accident causes death
From December 18, 2018
320.13(3), 320.21 $1,000 fine, 30 days or 90 days jail
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
Refusal When Accident Resulting in Death
From December 18, 2018
320.15(3), 320.21 $1,000 fine, 30 days or 90 days jail
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
Robbery 344 N/A
Robbery with non restricted firearm 344(1)(a.1) 4 years (see 742.1(b))
Robbery with restricted firearm or for benefit of criminal organization 344(1)(a)(i) and (ii) 5 or 7 years with prior (if priors, see 742.1(b))
Stopping mail with intent to obtain 345 N/A
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
Extortion (with non restricted firearm) 346(1.1)(a.1) 4 years (see 742.1(b))
Extortion (no firearm or other aggravating facts) 346(1.1)(b) N/A
Break and Enter into a Dwelling House 348(1)(d) N/A
Mischief causing actual danger to life 430(2) N/A
Explosives offence re public or government facility 431.2(2) N/A
Arson (disregard for human life) 433 N/A
Conspiracy to commit murder 465(1)(a) N/A
Instructing commission of offence for criminal organization 467.13(1) N/A (see 742.1(d)) (s. 467.14)
First or Second Degree Murder (Young Offender) 745.1 5 to 7, 10 years (variable) (see 742.1(b))
Drug Trafficking (Schedule I) CDSA 5 N/A
Drug Trafficking (Schedule II) CDSA 5 N/A
Importation and exportation of drugs (Schedule I) CDSA 6 N/A
Importation and exportation of drugs (Schedule II) CDSA 6 N/A

Maximum Punishment is Imprisonment for 14 Years

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Treason (espionage while not at war) 47(2)(c) N/A
Assist alien enemy 50(1)(a) and 50(2) N/A
Omission to prevent treason 50(1)(b) and 50(2) N/A
Intimidating Parliament 51 N/A
Inciting to mutiny 53 N/A
Forgery of or uttering forged passport 57(1) N/A
Sedition 61 N/A
Piratical acts 75 N/A
Offensive weapons and explosives on aircraft 78 N/A
Breach of duty of care re explosives risking bodily harm 80(b) N/A
Possession of explosive with intent to destroy property or intent to endanger life 81(1)(c),(d) and 81(2)(b) N/A
Possession of explosive for criminal organization 82(2) N/A (see 742.1(d)) (s. 82.1)
Threats to commit an offence relating to nuclear materials 82.6 N/A [1]
Facilitating terrorist activity 83.19(1) N/A (see 742.1(d)) (s. 83.26)
Leaving Canada to facilitate terrorist activity 83.191 N/A (see 742.1(d))} (s. 83.26)
Leaving Canada to commit offence for terrorist group 83.201 N/A (see 742.1(d)) (s. 83.26)
Leaving Canada to commit offence that is terrorist activity 83.202 N/A (see 742.1(d)) (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of life 83.23(1)(a) N/A (see 742.1(d)) (s. 83.26)
Using firearm in commission of offence 85(1) 1 year or 3 years with prior (if prior, see 742.1(b)) (s. 85(3))
Using an imitation firearm in commission of offence 85(2) 1 year or 3 years with prior (if prior, see 742.1(b)) (s. 85(3))
Bribery of judicial officers or member of a legislature 119(1) N/A
Bribery of public officers 120 N/A
Perjury 131, 132 N/A
Witness giving contradictory evidence 136(1) N/A
Fabricating evidence 137 N/A
Sexual interference 151 1 year or less jail (s. 718.3(7))a
Invitation to sexual touching 152 1 year or less jail (see 742.1(b)) (s. 718.3(7))a
Making of child pornography
after July 17, 2015
163.1(2) 1 year or less jail (see 742.1(b)) (s. 718.3(7))a
Distribution child pornography
after July 17, 2015
163.1(3) 1 year or less jail / (see 742.1(b))[2] (s. 718.3(7))a
Parent or guardian procuring sexual activity under 16
From July 17, 2015
170 1 year (see 742.1(b)) (s. 718.3(7))a
Householder permitting sexual activity under 18
From July 17, 2015
171 1 year (see 742.1(b)) (s. 718.3(7))a
Living on the avails of prostitution of person under eighteen (no parasitic involvement) 212 2 years imprisonment (see 742.1(b)) (s. 718.3(7))a
Procuring involving person under 18 (with parasitic involvement) 212(2.1) 5 years imprisonment (see 742.1(b)) (s. 718.3(7))a
Trafficking in human organs — Removal without informed consent 240.1(1) N/A
Trafficking in human organs — Financial transaction 240.1(2) N/A
Counselling suicide 241 N/A
Discharging firearms with intent to wound (with aggravated factors) 244(2)(a)(i) and (ii) Minimum of 5 or 7 years with prior (if prior, see 742.1(b))
Discharging firearms with intent to wound, maim, etc. (without aggravating factors) 244(2)(b) 4 years imprisonment (see 742.1(b))
Causing bodily harm with air gun with intent 244.1 N/A
Discharging firearm — recklessness (without aggravating factors) 244.2 4 years imprisonment (see 742.1(b))
Discharging firearm — recklessness (with aggravating factors 244.2 Minimum of 5 or 7 years with prior (if prior, see 742.1(b))
Administer noxious thing with intent to endanger life 245(1)(a) N/A
Keep trap and cause bodily harm in place to commit offence 247(4) N/A
Aggravated Assault 268 N/A
Torture 269.1 N/A (see 742.1(c)(ii))
Aggravated assault of peace officer 270.02 N/A (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
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 imprisonment (see 742.1(b))
Sexual assault with a weapon (no aggravating elements) 272(2)(b) N/A
Sexual assault causing bodily harm (no aggravating elements) 272(2)(b) N/A
Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm 272(2)(b) N/A
Trafficking in persons (without enumerated aggravating factors) 279.01(2) 4 years imprisonment (see 742.1(b))
Trafficking in persons under the age of 18 years (without enumerated aggravating factors) 279.011(b) 5 years imprisonment (see 742.1(b))
Profiting from trafficking in persons 279.02(2) 2 years imprisonment
Material benefit from sexual services — person under 18 years 286.2(2) 2 years imprisonment (see 742.1(b))
Procuring — person 18 years or over 286.3 N/A
Procuring — person under 18 years 286.3 5 years imprisonment (see 742.1(b))
Breach of trust 336 N/A
Trafficking in stolen property over $5,000 355.2, 355.5 N/A
Poss'n for the purpose of trafficking in stolen property over $5,000 355.4, 355.5 N/A
Offence involving exchequer bill paper, public seal 369 N/A
Drawing document without authority 374 N/A
Obtaining instrument based on forged document 375 N/A
Counterfeiting stamp 376(1) N/A
Counterfeiting mark 376(2) N/A
Fraud Over $5,000
after September 1, 2004
380(1)(a) 2 years imprisonment (over $1 mill., s. 380(1.1))
Fraud involving a testamentary instrument 380(1)(a) N/A
Fraud affecting public markets of stocks, etc. 380(2) N/A
Sale of defective stores to Her Majesty 418(1) N/A
Participation in fraud re sale of defective stores 418(2) N/A
Intimidation of a justice system participant 423.1 N/A
Attack on premises, residence or transport of internationally protected person 431 N/A
Attack on premises, residence or transport of U.N. or associated personnel 431.1 N/A
Arson — damage to property 434 N/A
Arson causing damage to property (w/out disregard for life as in 433) 434 N/A
Arson causing damage to own property (w disregard for life as in 433) 434.1 N/A
Make counterfeit money 449 N/A
Possession of counterfeit money 450 N/A
Use of counterfeit money 452 N/A
Clip or utter coin 455 N/A
Possession of materials for counterfeiting 458 N/A
Conveying instruments for counterfeiting from mint 459 N/A
Attempt or accessory to indictable offence punishable by life imprisonment 463(a) N/A
Commission of offence for criminal organization 467.12(1) N/A (see 742.1(d)) (s. 467.14)
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking) CDSA 7(2)(b) 6 months
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 9 months
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking) CDSA 7(2)(b) 1 year imprisonment
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 18 months
drug production (cannabis) (greater than 500 plants for purpose of trafficking) CDSA 7(2)(b) 2 years imprisonment
drug production (cannabis) (greater than 500 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 3 years imprisonment

Maximum Punishment of 10 Years

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Provide or collect property to further terrorism 83.02 N/A (see 742.1(d)) (s. 83.26)
Provide property or services for terrorist purposes 83.03(1) N/A (see 742.1(d)) (s. 83.26)
Provide property or services for use by terrorist group 83.03(2) N/A (see 742.1(d)) (s. 83.26)
Use or possession of property to further terrorism 83.04 N/A (see 742.1(d)) (s. 83.26)
Participation in terrorist activity 83.18 N/A (see 742.1(d)) (s. 83.26)
Leaving Canada to participate in activity of terrorist group 83.181 N/A (see 742.1(d)) (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of 14 years or less 83.23(1)(b) N/A (see 742.1(d)) (s. 83.26)
Harbouring or concealing person who is likely to carry out terrorist activity 83.23(2) N/A (see 742.1(d)) (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) (assuming mandatory minimum is valid in jurisdiction)
Yes
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) (assuming mandatory minimum is valid in jurisdiction)
Weapons Trafficking (with any aggravating elements made out) 99(2)(a) and 99(2)(b) 3 or 5 years jail with prior (assuming mandatory minimum is valid in jurisdiction)
(otherwise)
Weapons trafficking (w/out aggravating factors) 99(3) 1 year (see 742.1(b))
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 (assuming mandatory minimum is valid in jurisdiction or crim. org related)
Possession for purpose of weapons trafficking ((w/out aggravating factors) 100(3) 1 year (assuming mandatory minimum is valid in jurisdiction)
(otherwise)
Knowingly importing or exporting of unauthorized firearms (with aggravating factors) 103(2)(a) and 103(2)(b) 3 or 5 years jail with prior (assuming mandatory minimum is valid in jurisdiction or crim. org related)
Yes
Knowingly importing or exporting unauthorized firearms (w/out aggravating factors) 103(2.1) 1 year jail (see 742.1(b))
Dangerous operation of motor vehicle cause bodily harm 249(3) N/A
Failure to stop at scene of accident (bodily harm) 252(1.2) N/A
Impaired Driving and Over 80 Causing Bodily Harm 255(2), (2.1), (2.2) $1,000 fine, 30 days, 120 days
Blood alcohol over legal limit while causing bodily harm 255(2.1) $1,000 fine, 30 days or 90 days jail
Failure to provide sample and bodily harm 255(2.2) $1,000 fine, 30 days or 90 days jail
Withholding or destroying documents in respect of human trafficking, persons under 18 years 279.03(2) 1 year (see 742.1(b))
Obtaining sexual services for consideration from person under 18 years 286.1(2) 6 months or 1 year (see 742.1(b))
Theft over $5,000 or testamentary instrument 334(a) N/A
Possession of stolen goods over $5,000 or testamentary instrument 355(a) N/A
Theft from mail 356(1) N/A
Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years 465(1))(b)(i) N/A Varies
Drug Trafficking (Schedule III) CDSA 5 N/A

Maximum Punishment of 7 years

Offence Section Minimums Mandatory
Consecutive Time
Attempt or accessory to indictable offence punishable by 14 years 463(b) varies varies
Drug production (Cannabis) CDSA 7(2)(b)

Maximum Punishment is Imprisonment for 5 Years

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Counselling commission of terrorism offence 83.221 N/A (s. 83.26)
Set trap likely to cause bodily harm 247(1) N/A
Advocating Genocide 318(1) N/A (see 742.1(c)(i))
Recruitment of members by a criminal organization 467.111 N/A (s. 467.14)
Recruitment of members under the age of 18 by a criminal organization 467.111 6 months imprisonment (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)

Maximum Punishment is Imprisonment for 2 Years

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Book-making (if No prior offences) 202(2)(a) N/A
Book-making 202(2)(b) and 202(2)(c) 14 days or 3 months jail
Placing bets for others (if No prior offences) 203(d) N/A
Placing bets for others 203(e) and 203(f) 14 days or 3 months jail

Maximum Punishment is Imprisonment for 18 Months

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Drug possession (Schedule IV) CDSA 4(7) N/A

Historical

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
Parent or guardian procuring sexual activity under 16
August 9, 2012 to July 17, 2015
170(a) 1 year jail No
Procuring 212(1) None Yes 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 imprisonment 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

This page was last substantively updated or reviewed January 2021. (Rev. # 79964)
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 Mandatory
Consecutive Time
Assisting deserter 54 $5,000* N/A
Offences respecting RCMP members 56 $5,000* N/A
Unlawful assembly 66(1) $5,000* N/A
Prize fights 83(1) $5,000* N/A
Carrying weapon while attending public meeting 89(2) $5,000* N/A
False statement 134(1) $5,000* N/A
Nudity 174(1) $5,000* N/A
Causing a Disturbance 175(1) $5,000* N/A
Obstructing or violence to or arrest of officiating clergyman 176(1) $5,000* N/A
Disturbing religious worship or certain meetings 176(2) $5,000* N/A
Disturbing disturbs the order or solemnity of a meeting 176(3) $5,000* N/A
Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Trespassing at Night 177 $5,000* N/A
Found in in common gaming or betting house 201(2) $5,000* N/A
Lottery offence involving ticket 206(4) $5,000* N/A
Offences involving permitted lottery scheme 207(3)(b) $5,000* N/A
Offences involving permitted lottery scheme (on ship) 207.1(3)(b) $5,000* N/A
Stopping or Impeding Traffic by Prostitution 213(1) $5,000* N/A
Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Soliciting Near Children 213(1.1) $5,000* N/A
Not safeguarding opening in ice or excavation of land 263(3)(c) $5,000* N/A
Breach of publication prohibition re s. 278.3 applications 278.9(2) $5,000* N/A
Operation with low blood drug concentration
From December 18, 2018
320.14(4) $1,000 N/A
Take auto without consent 335(1) $5,000* N/A
Unlawful timber marks dealings 339(2) $5,000* N/A
Failure to record sale of automobile master key 353(4) $5,000* N/A
Fraud in obtaining food, beverage or lodging 364(1) $5,000* N/A
Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Fraudulently obtaining transportation 393(3) $5,000* N/A
Falsifying employment record 398 $5,000* N/A
Obtaining carriage by false billing 401(1) $5,000* N/A
Unlawful use of military uniforms or certificates 419 $5,000* N/A
Offences by employers re union activity 425 $5,000* N/A
Wilful interference with attempts to save wreck 438(2) $5,000* N/A
Interference with marine signal 439(1) $5,000* N/A
Interfere with boundary line 442 $5,000* N/A
Offences concerning aquatic mammals 445.2(5) "$200,000" N/A
Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Breach of prohibition order re possession of animals 447.1(2) $5,000* N/A
Possession of slugs and tokens 454 $5,000* N/A
Deface current coin 456 $5,000* N/A
Creating likeness of bank-notes 457(3) $5,000* N/A
Breach of proceeds of crime restraint order 462.33(11) $5,000* N/A
Conspiracy (Offence) 465(1)(d) $5,000* N/A
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* N/A
Failure to comply with order restricting publication of evidence etc re justice system participants 486.5 and 486.6(1) $5,000* N/A
use of seized bodily substances for other than DNA analysis 487.08(3) $5,000* N/A
Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
failure to comply with a preservation demand 487.0197 "$5,000" N/A
financial institution that fails to comply with production order 487.0198 "$250,000" N/A
failure to comply with a data preservation demand 487.0199 $5,000* N/A
Breach of restriction on publication of search warrant (unconstitutional) 487.2 $5,000* N/A
Breach of SOIRA Order, failing to notify of identity and address 490.0312 $5,000* N/A
Breach of restraint order under 490.9 490.8(9) $5,000* N/A
Breach of non-publication order from show cause 517(2) $5,000* N/A
Breach of non-publication order at preliminary 539(3) $5,000* N/A
Breach of restriction of publication of reports of preliminary inquiry 542(2) $5,000* N/A
Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Breach of non-publication order in jury trial 648(2) $5,000* N/A
Disclosure of jury information 649 $5,000* N/A
Breach of limitation re information that prior verdict of NCR 672.37(3) $5,000* N/A
Order restricting publication re certain offences before Review Board 672.501(11) $5,000* N/A
Breach of prohibition on use of bodily substance under a probation order 732.11 $5,000* N/A No
Breach of prohibition on use of bodily substance under a conditional sentence order 742.31 $5,000* N/A
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* N/A
Drug possession (Schedule II), Cannabis resin (1 g), Cannabis (30 g) or more CDSA 4(5) "one thousand dollars" N/A

Maximum Punishment is Imprisonment for 90 days

Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Contempt of court 708 $100 N/A No

Previous

Maximum Punishment is Imprisonment for 12 Months

Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Importing or exporting instruments or literature for illicit drug use (second or subsequent offence) 462.2(b) $300,000 N/A


Maximum Punishment is Imprisonment for 6 Months

Offence Section Maximum Fine Minimums Mandatory
Consecutive Time
Offensive volatile substance 178 $5,000* N/A
Found-in in bawdy-house 210(2) $5,000* N/A
Transporting person to bawdy-house 211 $5,000* N/A
Failure to keep watch on person towed 250(1) $5,000* N/A
Towing of person by vessel after dark 250(2) $5,000* N/A
Breach of prohibition on use of bodily substance under a s. 258 sample demand 258.1(1),(2), and (5) $5,000* N/A No
Breach of publication prohibition re 276.1 applications 276.3(2) $5,000* N/A
Pretending to practice witchcraft 365 $5,000* N/A
False claim of royal warrant 413 $5,000* N/A
Trading stamp offence by non-merchant 427(1) $5,000* N/A
Trading stamp offence by merchant 427(2) $5,000* N/A
Importing or exporting instruments or literature for illicit drug use 462.2(a) $100,000 N/A

References

See Also

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.

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

Charter
Procedural
Witnesses
Disclosure and Records
Juries
Admitting Evidence
Mental Health
Variations
Property
Sentencing
Long-Term and Dangerous Offender
Appeals and Reviews
Consents, waivers and undertakings
Misc
Court Forms

Investigations

Search and Seizure

Substantive Precedents

Bail
Sentencing
Judgement on Trial
Judgements on Sentence

See Also

Precedents, Court Forms and Checklists

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

Checklists

Charts and Tables

Precedents

Forms

Tools

See Also

Disposition

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.

Indictable Offence Appeal

Summary Conviction Appeal

Precedent - Charter Applications

PRECEDENT TERMS OF USE

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

Notice

NOTICE OF CHARTER APPLICATION
PUBLICATION BAN
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF CHARTER APPLICATION




WHEREAS the accused, [accused name], has been charged that [on or about/between] [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:

In accordance with the appropriate Rules of Court,

[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]


FIRM NAME LLP
<civic address>
<city, province>
<postal code>

Counsel for the Applicant

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

PUBLICATION BAN
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF CHARTER APPLICATION





FIRM NAME LLP
<civic address>
<city, province>
<postal code>

Counsel for the Applicant

Notice of Constitutional Question

NOTICE OF CONSTITUTIONAL QUESTION
PUBLICATION BAN
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF CONSTITUTIONAL QUESTION PERUSANT TO [name of relevant act]




WHEREAS the accused, [accused name], has been charged that [on or about/between] [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 applicant raises .

AND TAKE NOTICE that an applicant seeks a declaration that section [section #] of the Criminal Code violates s. [#] of the Charter of Rights and Freedoms.

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:


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

In accordance with the appropriate Rules of Court,

[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]


FIRM NAME LLP
<civic address>
<city, province>
<postal code>

Counsel for the Applicant

TO: [Provincial/Federal Crown Attorney]

[Internal File Coding]

PUBLICATION BAN
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF CONSTITUTIONAL QUESTION PERUSANT TO [name of relevant act]





FIRM NAME LLP
<civic address>
<city, province>
<postal code>

Counsel for the Applicant

Affidavit

AFFIDAVIT (CHARTER)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]

Order

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.

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

McNeil Application

Undertakings

Undertaking When Disclosing Sensitive Electronically Materials

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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


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.

Briefs

Cover of Brief

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 His Majesty the King

[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

[1] Lorem ipsum dolor sit amet, consectetur adipiscing elit. Omnis enim est natura diligens sui. Duo Reges: constructio interrete. Videmusne ut pueri ne verberibus quidem a contemplandis rebus perquirendisque deterreantur? Quid censes in Latino fore? Quid, quod res alia tota est? Quodcumque in mentem incideret, et quodcumque tamquam occurreret. Quodsi ipsam honestatem undique pertectam atque absolutam. Ut optime, secundum naturam affectum esse possit.

[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:

Quam illa ardentis amores excitaret sui! Cur tandem? Cum audissem Antiochum, Brute, ut solebam, cum M. Quamvis enim depravatae non sint, pravae tamen esse possunt. Deinde qui fit, ut ego nesciam, sciant omnes, quicumque Epicurei esse voluerunt?

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

Book of Authorities Cover

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




CROWN/ACCUSED/APPLICANT/RESPONDENT 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 His Majesty the King

[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

PRECEDENT TERMS OF USE

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

Forfeiture

See also: Forfeiture Orders

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.

Generic Application

Index
  • Notice of Application
  • Reply Notice
  • Evidence Affidavit
  • Affidavit of Service
  • Order of Court

Notice

NOTICE OF APPLICATION/MOTION (GENERIC)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




NOTICE OF APPLICATION/MOTION




WHEREAS the accused, [accused name], has been charged that [on or about/between] [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. [SET OUT 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:

In accordance with the appropriate Rules of Court,

[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]

Reply Notice

REPLY NOTICE OF APPLICATION/MOTION (GENERIC)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




REPLY NOTICE OF APPLICATION/MOTION




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

THE RESPONDENT 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 POSITION, THE RESPONDENT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the respondent 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.

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

In accordance with the appropriate Rules of Court,

[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]

Evidence Affidavit

AFFIDAVIT (GENERIC)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

HIS MAJESTY THE KING

– 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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]





Affidavit of Service

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

DRAFT ORDER (GENERIC)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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]

Draft Dismissal Order

DRAFT ORDER OF DISMISSAL (GENERIC)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




ORDER
'




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

REASONS FOR JUDGEMENT having been delivered on [date] by [name of judge or justice];

IT IS HEREBY ORDERED THAT the application for [subject of appliaction] is dismissed with no costs awarded.

IT IS FURTHER 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

PRECEDENT TERMS OF USE

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

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.

Notice

NOTICE TO ADMIT BUSINESS RECORDS

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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/between] [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 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]

Affidavit

BUSINESS RECORDS AFFIDAVIT

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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]

Affidavit (No Originals)

BUSINESS RECORDS AFFIDAVIT

IN THE MATTER of the introduction into evidence of certain documents pursuant to the provisions of the Canada Evidence Act;

AND IN THE MATTER of notice given pursuant to Section 30 of the Canada Evidence Act.




AFFIDAVIT WITH RESPECT TO AUTHENTICITY OF COPIES OF
DOCUMENTS FOR WHICH ORIGINALS ARE UNAVAILABLE
PURSUANT TO s.30 OF THE CANADA EVIDENCE ACT

(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].
  3. In response to a Production Order dated [date], File [#], [organization] prepared and provided documents by email, which documents are copies of records maintained by the Corporation in the usual and ordinary course of business. I have compared the documents to the original electronic version, and can attest that each of the attached documents is an accurate copy of the information in the original records.
  4. The original records were created electronically at or near the time of the circumstances or events set out.
  5. I believe the attached documents to be authentic in that they accurately reflect the information contained therein.

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 - 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.

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 OF COURT] OF [PROVINCE]

BETWEEN:

HIS MAJESTY THE KING

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/between] [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 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 to read as follows:

  • [new phrasing]

THE APPLICANT RELIES ON THE FOLLOW GROUNDS

  1. Under s. 601(2), the Crown is permitted to seek an order from the trial judge to vary a count on an indictment or information to “conform to the evidence”.
  2. In the course of the Crown case it is expected that there will be evidence as follows:
  3. ...
  4. 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:

In accordance with the appropriate Rules of Court,

[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

AFFIDAVIT

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation 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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]

Precedent - Procedural Filings

Precedent - Procedural Filings

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.

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.

Authentication of Documents

Affidavit Authenticating Docs in Possession

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 organization] and work as a legal assistant to [name of lawyer];
  3. In 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]


Authentication of Production Order Results (487.0192(5))

Affidavit Authenticating Docs in Possession

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 [position] with [name of organization];
  3. In my role as [position] I am tasked with duties including:
    1. Preparing, sending, receiving, printing, cataloguing and filing of documents...;
  4. I do verily believe that the attached documents (attached hereto as Exhibit A) are true copies of the records held by [name of organization].

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 OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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]

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.

Notice

NOTICE OF APPLICATION TO TRANSPORT PRISONER

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

IN THE MATTER of an Application under section 527 of the Criminal Code

– and –

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]




NOTICE OF APPLICATION
'




WHEREAS the accused, [accused name], has been charged that [on or about/between] [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:

In accordance with the appropriate Rules of Court,

[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

AFFIDAVIT (TRANSPORT)

C A N A D A File# ________________

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

– and –

BETWEEN:

HIS MAJESTY THE KING
– and –
[ACCUSED NAME]



AFFIDAVIT OF [AFFIANT NAME]
'




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation 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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]

Draft Order

DRAFT TRANSPORT ORDER / PICKUP ORDER

C A N A D A File# ________________

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

– and –

BETWEEN:

HIS MAJESTY THE KING
– 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].

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

UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code to have the accused 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 UPON BEING 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;

AND IT IS FURTHER ORDERED that you, the Superintendent or your delegate, 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]


Videoconference

DRAFT TRANSPORT ORDER / PICKUP ORDER

C A N A D A File# ________________

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

– and –

BETWEEN:

HIS MAJESTY THE KING
– 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/between] [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.

Notice

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 OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 vary an order to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;




NOTICE OF APPLICATION
(Ex Parte)




TAKE NOTICE that an Application is being made 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/between] [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

Affidavit

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 His Majesty the King 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]
)

[Internal File Coding]


Order

Order

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 vary an order to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code;




ORDER
(Section 487.3/487.0191 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 His Majesty the King, [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]

[Internal File Coding]

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.

Notice

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 OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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/between] [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. An indictment can be challenged up until the point where it has been preferred: R v Tippett, 2010 NLCA 49, 259 CCC (3d) 396
  4. [grounds consisting of reasons for granting the relief and alleged facts]
  5. ...
  6. 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:

In accordance with the appropriate Rules of Court,

[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

AFFIDAVIT (GENERIC)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation 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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]

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.

Notice

NOTICE OF APPLICATION

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




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




WHEREAS the accused, [accused name], has been charged that [on or about/between] [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:

In accordance with the appropriate Rules of Court,

[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

AFFIDAVIT

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

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.

Briefs

Cover of Brief

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 His Majesty the King

[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.

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 OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 His Majesty the King

[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

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CASE LAW

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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 OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 His Majesty the King

[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

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CASE LAW

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LEGISLATION:

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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.

Briefs

Cover of Brief

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– 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 His Majesty the King

[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

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CASE LAW

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R v ...
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LEGISLATION:

TAB
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SECONDARY SOURCES:

TAB
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WEBSITES:

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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 and Records
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 the 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

Application to Cross-Examine Witness

See also: Adverse and Hostile Witnesses
If witness cannot recall events
  • refresh memory
If witness says something NOT in prior statement

Criminal Code and Related Definitions

This page was last substantively updated or reviewed January 2024. (Rev. # 79964)

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 (CanLII), (DOJ)


Note up: 3


Defined terms: "Act" (s. 2)

Criminal Code Terms

Term Section Scope Related Sections and/or Articles
A
"abandon" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)] Abandoning Child (s. 218)
"accused" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] Definitions of Parties, Persons, Places and Organizations
"accused" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"accused" s. 716 "this Part" [Pt. XXIII – Sentencing (ss. 716 to 751.1)] Definitions of Parties, Persons, Places and Organizations
"Act" s. 2 "this Act" many instances, Definitions for General Documents, Legal Documents and Financial Instruments
"adult" s. 487.04 "this section and in sections 487.05 to 487.0911" Only used in s. 487.07(4). See Execution of Blood Sample Warrants
"advertisement of sexual services" s. 164(8) "this section" Seizure and Forfeiture of Obscene or Child Pornographic Materials
"agent" s. 426(4) "this section" Secret Commissions (Offence)
"Agreement" s. 7(2.34) "this subsection apply in this subsection and in subsections (2.3) and (2.31)" Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
See s. 7(2.3), 7(2.31), 7(2.34)
"Agreement" s. 579.001(5) "this section" Stay of Proceedings by Crown
"alternative measures" s. 716 "this Part" [Pt. XXIII – Sentencing (ss. 716 to 751.1)] Alternative Measures
"ammunition" s. 2.1 "this Act" Definition of Firearms
"ammunition" s. 84(1) "this Part" Definition of Prohibited Device and Ammunition
"analyst" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"analyst" s. 729(2) "this section" Proof of Bodily Substance in Condition Breach Prosecution
"analyst" s. 811.1(1) "this section" Peace Bonds
"antique firearm" s. 2.1 "this Act" Definition of Firearms
"antique firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"appeal court" s. 812 "section 813 to 828" Criminal Courts
"appeal court" s. 829 "sections 830 to 838" Criminal Courts
"appearance notice" s. 2 "this Act" Release by Police on Undertaking
"application for federal employment" s. 672.37(1) "this section" Not Criminally Responsible Due to Mental Disorder
"approved container" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"approved drug screening equipment" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"approved instrument" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"approved screening device" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"Attorney General" s. 2 "this Act" Definition of Crown, Prosecutor and Attorney General
"Attorney General" s. 507.1(10) "this section" Private Prosecutions
"Attorney General" s. 773(5) "this section and in section 771" Estreatment of Recognizance
"assessment" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"associated personnel" s. 2 "this Act" s. 6, 424.1, 431.1. See also Definitions of Parties, Persons, Places and Organizations
"association" s. 204 "this section" Exemptions for Gaming Offences
"audioconference" s. 2 "this Act" Remote Attendance in Court
"authorization" s. 2.1 "this Act" Definition of Firearms
"authorization" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"authorization" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)] Wiretaps
"automatic firearm" s. 2.1 "this Act" Definition of Firearms
"automatic firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"automobile master key" s. 353(5) "this section" Miscellaneous Offences Against Property
B
"bank-note" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"bestiality" s. 160(7) "this section" Bestiality (Offence)
"bet" s. 197(1) "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"bodily harm" s. 2 "this Act" Definition of Bodily Harm
"break" s. 98(2) "this section" Break and Enter (Offence)
"break" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] Break and Enter (Offence)
"brother" s. 155 "this section" Incest (Offence)
C
"Canadian" s. 83.01(1) "this Part" [Pt. II.1 – Terrorism (ss. 83.01 to 83.33)] Definitions of Parties, Persons, Places and Organizations
"Canadian crew member" s. 7(2.34) "this subsection and in subsections (2.3) and (2.31)" Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
“Canadian Forces” s. 2 "this Act" 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

Definitions of Parties, Persons, Places and Organizations

"cartridge magazine" s. 2.1 "this Act" Definition of Firearms
"cartridge magazine" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"cattle" s. 2 "this Act" Animal Cruelty (Offence)
"certificate of citizenship" s. 58(2) "this section" Miscellaneous Offences Against Public Order
"certificate of naturalization" s. 58(2) "this section" Miscellaneous Offences Against Public Order
"cetacean" s. 445.2(1) "this section" Animal Cruelty (Offence)
"chairperson" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"change" s. 732.1(1) "this section and section 732.2" Variation of Probation Orders
"cheque" s. 362(5) "this section" Obtaining Property by False Pretences (Offence)
"chief firearms officer" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Miscellaneous Firearms Offences
Firearms Prohibition Orders
Persons Exempted from Firearm Offences
"Chief Justice" s. 188(4) "this section" Definition of Judicial Officers and Offices
"child" s. 172 "this section" Miscellaneous Sexual Offences
"child pornography" s. 163.1(1) "this section" Definition of Child Pornography
"clerk of the appeal court" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Trial Process
"clerk of the court" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"clerk of the court" s. 762(2) "this Part" [Pt. XXV – Effect and Enforcement of Recognizances (ss. 762 to 773)] Estreatment of Recognizance
"coastal waters of Canada" s. 339(6) "this section" Miscellaneous Offences Against Property
"Commissioner of Firearms" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Persons Exempted from Firearm Offences
"committing an offence" s. 467.1(3) "this section and in sections 467.11 to 467.13" Participating in a Criminal Organization (Offence)
"common betting house" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"common gaming house" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"common-law partner" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"communicating" s. 319(7) "this section" Public Incitement of Hatred (Offence)
"company" s. 400 "this section" Miscellaneous Fraudulent Offences
"competent authority" s. 25.1 "this section and sections 25.2 to 25.4" Authorizations to Commit Illegal Acts
"competent authority" s. 113(5) "this section" Weapons Prohibition Orders
"complainant" s. 2 "this Act" Role of the Victim and Third Parties
"computer data" s. 102.1(4) "this section" Miscellaneous_Firearms_Offences#3D_Printer_Firearm_Templates
"computer data" s. 83.223(11) "this section" Warrant to Seize Terrorist Propaganda Publications
"computer data" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"computer data" s. 430(8) "this section" Mischief to Data (Offence)
"computer data" s. 487.011 "this section and in sections 487.012 to 487.0199" [relating to preservation and production of records] Definitions for General Documents, Legal Documents and Financial Instruments
"computer password" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"computer program" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"computer service" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"computer system" s. 102.1(4) "this section" Miscellaneous_Firearms_Offences#3D_Printer_Firearm_Templates
"computer system" s. 83.223(11) "this section" Warrant to Seize Terrorist Propaganda Publications
"computer system" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"conveyance" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"costs" s. 809(5) "this section" Costs
"counsel" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"counsel" s. 22(3) "this Act" Costs
"count" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"counterfeit money" s. 448 "this Part" [Pt. XII – Offences Relating to Currency (ss. 448 to 462)] Miscellaneous Currency Offences
"counterfeit token of value" s. 448 "this Part" [Pt. XII – Offences Relating to Currency (ss. 448 to 462)] Miscellaneous Currency Offences
"court" s. 83.222(8) "this section" Warrant to Seize Terrorist Propaganda Publications
"court" s. 83.223(11) "this section" Warrant to Seize Terrorist Propaganda Publications
"court" s. 164(8) "this section" Definition of Judicial Officers and Offices, Seizure and Forfeiture of Obscene or Child Pornographic Materials
"court" s. 320(8) "this section" Definition of Judicial Officers and Offices
"court" s. 601(10) "this section" Amendments to Charges
"court" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"court" s. 715.3(1) "this Part" [Pt. XXII.1 – Remediation Agreements (ss. 715.3 to 715.43)] Remediation Agreements
"court" s. 716 "this Part" [Pt. XXIII – Sentencing (ss. 716 to 751.1)] Amendments to Charges
Criminal Courts
"court" s. 752 "this Part" [Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)] Criminal Courts
"court of appeal" s. 2 "this Act" Criminal Courts
"court of appeal" s. 673 "this Part" [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)] Criminal Courts
"court of appeal" s. 696.3(1) "this section" Criminal Courts
"court of criminal jurisdiction" s. 2 "this Act" Definition of Judicial Officers and Offices, Criminal Courts
"court of criminal jurisdiction" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Criminal Courts
"credit advanced" s. 347 "this section" Miscellaneous Offences Against Property
"Credit card" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] s. 342, 342.01, 347.1. See also Definitions for General Documents, Legal Documents and Financial Instruments
"crew member of a Partner State" s. 7(2.34) "this subsection and in subsections (2.3) and (2.31)." Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"crime of a sexual nature" s. 490.011(1) "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"criminal organization" s. 2 "this Act" Criminal Organizations
"criminal organization" s. 467.1(1) "this Act" Criminal Organizations
"criminal organization offence" s. 2 "this Act" Criminal Organizations
"criminal rate" s. 347 "this section" Miscellaneous Offences Against Property
"cross-bow" s. 2.1 "this Act" Definition of Firearms
"cross-bow" s. 84(1) "this Part" Definition of Weapons
Weapons Prohibition Orders
Careless Use or Storage of a Firearm (Offence)
Weapons Trafficking (Offence)
"current" s. 448 "this Part" [Pt. XII – Offences Relating to Currency (ss. 448 to 462)] Miscellaneous Currency Offences
Counterfeiting (Offence)
"custodian" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"custodian" s. 488.1(1) "this section" Definition of Judicial Officers and Offices
D
"data" s. 487.011 "this section and in sections 487.012 to 487.0199" [relating to preservation and production of records] Definitions for General Documents, Legal Documents and Financial Instruments
"data" s. 488.01(1) "this section and in section 488.02" Protection of Journalist Records and Sources
"data" s. 492.1(8) "this section" Tracking Warrant
"data" s. 492.2(6) "this section" Warrant for Transmission Data Recorder
"data" s. 841 "this section and in sections 842 to 847" Electronic Documents and Records
"database" s. 490.011(1) "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"day" s. 2 "this Act" Time and Place
"designated justice" s. 507.1(10) "this section" Private Prosecutions
"designated offences" s. 462.3(1) "this Part" [Pt. XII.2 – Proceeds of Crime (ss. 462.3 to 462.5)] Forfeiture of Proceeds of Crime
"designated offence" s. 752 "this Part" [Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)] List of Dangerous Offender Designated Offences
"designated offence" s. 487.04 "In this section and in sections 487.05 to 487.0911" DNA Orders
"designated offence" s. 490.011(1) "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"device" s. 327(4) "this section" Telecommunication Offences (Offence)
"device" s. 342.2(4) "this section" Unauthorized Use of Computer (Offence)
"disorderly house" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"disposition" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"disposition information" s. 672.51(1) "this section" Review Board Publication Bans
"DNA" s. 487.04 "In this section and in sections 487.05 to 487.0911" DNA Orders
"document" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] Definitions for General Documents, Legal Documents and Financial Instruments
"document" s. 487.011 "this section and in sections 487.012 to 487.0199" [relating to preservation and production of records] Definitions for General Documents, Legal Documents and Financial Instruments
"document" s. 488.01(1) "this section and in section 488.02" Protection of Journalist Records and Sources
"document" s. 488.1(1) "this section" Definition of Judicial Officers and Offices
"document of title to goods" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"document of title to lands" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"dual status offender" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Dual Status Offenders and Mental Illness
"duty" s. 219(2) "this Section" Criminal Negligence (Offence)
"dwelling-house" s. 2 "this Act" Definition of Dwelling House
E
"election document" s. 377(2) "this section" Miscellaneous Offences Against Property
"electro-convulsive therapy" s. 672.61(2) "this section" Review Board Disposition Hearings
"electro-magnetic, acoustic, mechanical or other device" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)] Wiretaps
"electro-magnetic, acoustic, mechanical or other device" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"electronic document" s. 841 "this section and in sections 842 to 847" Electronic Documents and Records
"enactment" s. 6(3) "this section" Presumption of Innocence
Definitions for General Documents, Legal Documents and Financial Instruments
"environment" s. 2 "this Act" Time and Place
"escape" s. 149(2) "this section" Miscellaneous Administration of Justice Offences
"evaluating officer" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
“every one” s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"evidence" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)] Definition of Judicial Officers and Offices
"exchequer bill" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] Definitions for General Documents, Legal Documents and Financial Instruments
"exchequer bill paper" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] Definitions for General Documents, Legal Documents and Financial Instruments
"export" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"expose" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)] Abandoning Child (s. 218)
"explosive or other lethal device" s. 431.2(1) "this section" Miscellaneous Offences Against Property
"explosive substance" s. 2 "this Act" Use or Possession of Explosives (Offence)
"extreme intoxication" s. 33.1(4) "this section" Limitations on Intoxication Defences
F
"false document" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] Forgery (Offence)
"fine" s. 716 "this Part" [Pt. XXIII – Sentencing (ss. 716 to 751.1)] Fines
"fingerprint examiner" s. 667(5) "this section" Proof of Previous Conviction
"firearm" s. 2 "this Act" Definition of Firearms
"firearms officer" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"fixed platform" s. 78.1(5) "this section" Piracy and Offences Against Air and Marine Safety
"flight" s. 7(8) "this section" Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"flight element" s. 7(2.34) "this subsection and in subsections (2.3) and (2.31)." Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"forensic DNA analysis" s. 487.04 "In this section and in sections 487.05 to 487.0911" DNA Orders
"form of marriage" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)] Miscellaneous Offences Against the Person
"function" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
G
"game" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"gaming equipment" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"genocide" s. 318(2) "this section" Public Incitement of Hatred (Offence)
"genocide" s. 320(8) "this section" Hate Propaganda Warrants and Forfeiture Orders
"goods" s. 379 "this Part" [Pt. X – Fraudulent Transactions Relating to Contracts and Trade (ss. 379 to 427)] Miscellaneous Fraudulent Offences
"government" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"government" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]
"guardian" s. 150 "this Part" [Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)]
"guardian" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)]
"guardian" s. 280(2) "this section and sections 281 to 283"
H
"handgun" s. 2.1 "this Act" Definition of Firearms
"handgun" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"hate propaganda" s. 320(8) "this section"
"Her Majesty’s Forces" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"high-risk accused" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"highway" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"Holocaust" s. 319(7) "this section" Public Incitement of Hatred (Offence)
"hospital" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
I
"identifiable group" s. 318(4) "this section" Public Incitement of Hatred (Offence)
"identifiable group" s. 319(7) "this section" Public Incitement of Hatred (Offence)
"identity information" 402.1 "For the purposes of sections 402.2 and 403" Identity Theft (Offence)
"imitation firearm" s. 2.1 "this Act" Definition of Firearms
"imitation firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"import" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
"indictment" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"indictment" s. 673 "this Part" [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)]
"informant" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Trial Process
"information" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Informations and Indictments
"infrastructure facility" s. 431.2(1) "this section" Miscellaneous Offences Against Property
"inside information" s. 382.1 "this section"
"insurance charge" s. 347 "this section" Miscellaneous Offences Against Property
"intercept" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]) Wiretaps
"intercept" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"interest" s. 347 "this section" Miscellaneous Offences Against Property
"interest" s. 347.1(1) "apply in subsection (2)" Miscellaneous Offences Against Property
"international cruise ship" s. 207.1(4) "this section"
"internationally protected person" s. 2 "this Act" see Definitions of Parties, Persons, Places and Organizations
"intimate image" s. 162.1(2) "this section" Distribution of Intimate Images (Offence)
"intimate image" s. 164(8) "this section" Seizure and Forfeiture of Obscene or Child Pornographic Materials
"intimidate partner" s. 2 "this Act" Release by Police on Undertaking
J
"journalist" s. 488.01(1) "this section and in section 488.02" Protection of Journalist Records and Sources
"journalistic source" s. 488.01(1) "this section and in section 488.02" Protection of Journalist Records and Sources
"judge" s. 83.05(11) "this section"
"judge" s. 83.222(8) "this section" Warrant to Seize Terrorist Propaganda Publications
"judge" s. 83.223(11) "this section" Warrant to Seize Terrorist Propaganda Publications
"judge" s. 164(8) "this section" Seizure and Forfeiture of Obscene or Child Pornographic Materials
"judge" s. 320(8) "this section" Definition of Judicial Officers and Offices
"judge" s. 462.3(1) [Pt. XII.2 – Proceeds of Crime (ss. 462.3 to 462.5)] Definition of Judicial Officers and Offices
"judge" s. 487.011 "this section and in sections 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 and sections 490.5 and 490.8" Definition of Judicial Officers and Offices
"judge" s. 492.1(8) "this section" Tracking Warrant
"judge" s. 492.2(6) "this section" Warrant for Transmission Data Recorder
"judge" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] Definition of Judicial Officers and Offices
"judge" s. 525(7) "this section"
"judge" s. 552 "this Part" [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)] Definition of Judicial Officers and Offices
"judicial proceeding" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]
"justice" s. 2 "this Act" Definition of Judicial Officers and Offices
"justice system participant" s. 2 "this Act" Intimidation of a Justice System Participant (Offence)
K
"keeper" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
L
"law enforcement animal" s. 445.01(4) "this section"
"law enforcement officer" s. 445.01(4) "this section"
"lawyer" s. 488.1(1) "this section" Definition of Judicial Officers and Offices
"licence" s. 2.1 "this Act" Definition of Firearms
"licence" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"licence" s. 353(5) "this section"
"listed entity" s. 83.01(1) "this Part" [Pt. II.1 – Terrorism (ss. 83.01 to 83.33)]
"long-term supervision"
"lottery scheme" s. 207(4) "this section" Exemptions for Lottery Offences
"lottery scheme" s. 207.1(4) "this section" Exemptions for Lottery Offences
"lumber" s. 339(6) "this section" Miscellaneous Offences Against Property
"lumbering equipment" s. 339(6) "this section" Miscellaneous Offences Against Property
M
"maims" s. 268(3) "this section" Aggravated Assault (Offence)
"mark" s. 376(3) "this section"
"medical assistance in dying" s. 227(5) "this section" Assisted Dying Offences (Offence)
"medical assistance in dying" s. 241(7) "this section" Assisted Dying Offences (Offence)
"medical assistance in dying" s. 241.1 "this section and in sections 241.2 to 241.4" Assisted Dying Offences (Offence)
"medical practitioner" s. 227(5) "this section"
"medical practitioner" s. 241(7) "this section" Assisted Dying Offences (Offence)
"medical practitioner" s. 241.1 "this section and in sections 241.2 to 241.4"
"medical practitioner" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"member of a force" s. 62(2) "this section"
"mental disorder" s. 2 "this Act" Not Criminally Responsible Due to Mental Disorder
"military" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"military animal" s. 445.01(4) "this section"
"military forces of a state" s. 431.2(1) "this section" Miscellaneous Offences Against Property
"military law" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"Minister" s. 672.68(1) "this section and in sections 672.69 and 672.7"
"motor vehicle" s. 2 "this Act" Impaired Driving, Over 80 and Refusal (Offence)
"municipal official" s. 123(3) "this section"
"municipality" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
N
"newly-born child" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"newspaper" s. 297 "sections 303, 304 and 308" Defamatory Libel (Offence)
"newspaper" s. 478(5) "this section"
"night" s. 2 "this Act" Time and Place
"non-restricted firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
"nuclear facility" s. 2 "this Act"
"nurse practitioner" s. 227(5) "this section"
"nurse practitioner" s. 241(7) "this section"
"nurse practitioner" s. 241.1 "this section and in sections 241.2 to 241.4"
O
"offence" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)] List of Designated Wiretap Eligible Offences
"offence" s. 715.3(1) "this Part" [Pt. XXII.1 – Remediation Agreements (ss. 715.3 to 715.43)] Remediation Agreements
"offence-related property" s. 2 "this Act" Forfeiture of Offence-related Property
"offender" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"offensive weapon" s. 2 "this Act" Definition of Weapons
"office" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]
"officer" s. 488.01(1) "this section and in section 488.02" Protection of Journalist Records and Sources
"officer" s. 488.1(1) "this section" Definition of Judicial Officers and Offices
"official" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]
"official fee" s. 347 "this section" Miscellaneous Offences Against Property
"Ontario Act" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"operate" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"optional conditions" s. 732.1(1) "this section and section 732.2" Terms and Conditions of a Conditional Sentence Order
"order" s. 462.371(1) "this section" Forfeiture of Proceeds of Crime
"order" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)]
"organization" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"organization" s. 715.3(1) "this Part" [Pt. XXII.1 – Remediation Agreements (ss. 715.3 to 715.43)] Remediation Agreements
"overdraft charge" s. 347 "this section" Miscellaneous Offences Against Property
"owner" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
P
"packaged" s. 121.1(1) undefined Miscellaneous Administration of Justice Offences
"pardon" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"participant" s. 715.25(1) "this section" Remote Attendance of Counsel or Certain Other Participants
Obligation of Accused to be Present During Proceedings
"Partner State" s. 7(2.34) "this subsection and in subsections (2.3) and (2.31)." Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"party" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"passport" s. 57(5) "this section" Miscellaneous Offences Against Public Order
"payday loan" s. 347.1(1) "apply in subsection (2)" Miscellaneous Offences Against Property
"peace officer" s. 2 "this Act" Peace Officers
"peace officer" s. 7(8) "this section" Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"penalty" s. 734.8(1) "this section" Fines
“person” s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"personal authentication information" s. 342(4) "this section" Theft and Forgery of a Credit Card (Offence)
"pharmacist" s. 241(7) "this section" Assisted Dying Offences (Offence)
"pharmacist" s. 241.1 "this section and in sections 241.2 to 241.4" Assisted Dying Offences (Offence)
"photograph" s. 491.2(8) "this section" Proof of Ownership
"place" s. 98(2) "this section" Definitions of Parties, Persons, Places and Organizations
"place" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Definitions of Parties, Persons, Places and Organizations
Gambling Offences (Offence)
"place" s. 244.2(2) "the purpose of paragraph (1)(a)" Discharging a Firearm (Offence)
"place" s. 286.1(5) "this section" Definitions of Parties, Persons, Places and Organizations
Commodification of Sexual Services (Offence)
"place" s. 348(3) "this section and section 351" Break and Enter
"place of public use" s. 431.2(1) "this section" Miscellaneous Offences Against Property
"placement decision" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"police officer" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]) Wiretaps
"police officer" s. 462.48(17) "this section" Proceeds of Crime Disclosure Order
"prescribed" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
"prescribed" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"primary designated offence" s. 487.04 "In this section and in sections 487.05 to 487.0911" DNA Orders
"principal" s. 426(4) "this section"
"prison" s. 2 "this Act" Prison Breach (Offence)
"private communication" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]) Wiretaps
"prize fight" s. 83(2) "this section"
"proceedings" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)]
"proceeds of crime" s. 462.3(1) "this Part" [Pt. XII.2 – Proceeds of Crime (ss. 462.3 to 462.5)] Forfeiture of Proceeds of Crime
"prohibited act" s. 52(2) "this section"
"prohibited ammunition" s. 2.1 "this Act" Definition of Firearms
"prohibited ammunition" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"prohibited device" s. 2.1 "this Act" Definition of Firearms
"prohibited device" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"prohibited firearm" s. 2.1 "this Act" Definition of Prohibited Firearms
"prohibited firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Prohibited Firearms
"prohibited weapon" s. 2.1 "this Act" Definition of Firearms
"prohibited weapon" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"prohibition order" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
"property" s. 2 "this Act" Possession of Stolen Property (Offence)
"property" s. 428 "this Part" [Pt. XI – Wilful and Forbidden Acts in Respect of Certain Property (ss. 428 to 447.1)] Miscellaneous Offences Against Property
"prosecutor" s. 2 "this Act" Definition of Crown, Prosecutor and Attorney General
Role of the Crown
"prosecutor" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Definition of Crown, Prosecutor and Attorney General
Role of the Crown
"protected statement" s. 672.21(1) "this section"
"provincial court judge" s. 2 "this Act" (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
"psychosurgery" s. 672.61(2) "this section" Review Board Disposition Hearings
"public department" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"public facility" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"public officer" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"public officer" s. 25.1 "this section and sections 25.2 to 25.4" Authorizations to Commit Illegal Acts
"public officer" s. 117.07(2) "this section" Persons Exempted from Firearm Offences
"public officer" s. 487.011 "this section and in sections 487.012 to 487.0199" [relating to preservation and production of records] Definitions of Parties, Persons, Places and Organizations
"public officer" s. 492.1(8) "this section" Tracking Warrant
"public officer" s. 492.2(6) "this section" Warrant for Transmission Data Recorder
"public place" s. 150 "this Part" [Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)]
"public place" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Definitions of Parties, Persons, Places and Organizations
"public place" s. 213(2) "this section" Solicitation (Offence)
"public place" s. 286.1(5) "this section" Commodification of Sexual Services (Offence)
Definitions of Parties, Persons, Places and Organizations
"public place" s. 319(7) "this section" Public Incitement of Hatred (Offence)
"public stores" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"public transit operator" s. 269.01(2) "this section"
"public transportation system" s. 431.2(1) "this section" Miscellaneous Offences Against Property
"public switched telephone network" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]) Wiretaps
"publishing" s. 299 undefined Defamatory Libel (Offence)
Q
"qualified medical practitioner" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"qualified technician" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
R
"radio-based telephone communication" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)] Wiretaps
"radioactive material" s. 2 "this Act" Miscellaneous Offences Against Public Order
"railway equipment" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations#Other Persons
"raw leaf tobacco" s. 121.1(1) undefined Miscellaneous Administration of Justice Offences
"recognizance" s. 2 "this Act" Release by Police on Undertaking
"record suspension" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"Registrar" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
"registrar" s. 673 "this Part" [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)]
"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 "this Act" Definition of Firearms
"registration certificate" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"release order" s. 2 "this Act" Release by Police on Undertaking
"remediation agreement" s. 715.3(1) "this Part" [Pt. XXII.1 – Remediation Agreements (ss. 715.3 to 715.43)]
"replica firearm" s. 2.1 "this Act" Definition of Firearms
"replica firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"report" s. 107(3) "this section" Miscellaneous Firearms Offences
"representative" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"required deposit balance" s. 347 "this section" Miscellaneous Offences Against Property
"restricted firearm" s. 2.1 "this Act" Definition of Restricted Firearms
"restricted firearm" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Restricted Firearms
"restricted weapon" s. 2.1 "this Act" Definition of Firearms
"restricted weapon" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Definition of Firearms
"revenue paper" s. 321 "this Part" [Pt. IX – Offences Against Rights of Property (ss. 321 to 378)] Definitions for General Documents, Legal Documents and Financial Instruments
"Review Board" s. 490.011 "in this section and in sections 490.012 to 490.032" [relating to SOIRA Orders] SOIRA Orders
"Review Board" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
S
"schedule" s. 762(2) "this Part" [Pt. XXV – Effect and Enforcement of Recognizances (ss. 762 to 773)] Estreatment of Recognizance
"secondary designated offence" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"sell" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]) Wiretaps
"senior officer" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"senior official" s. 25.1 "this section and sections 25.2 to 25.4"
"sentence" s. 673 "this Part" [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)] Right of Appeal by Accused of Verdicts or Sentences for Indictable Offences
"sentence" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Right of Appeal of Verdicts or Sentences for Summary Offences
"serious offence" s. 2 "this Act" Criminal Organizations
"serious offence" s. 467.1(1) "this Act" Criminal Organizations
"serious personal injury offence" s. 752 "This part" [Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)] Serious Personal Injury Offences
"service animal" s. 445.01(4) "this section" Animal Cruelty (Offence)
"ship" s. 78.1(5) "this section" Piracy and Offences Against Air and Marine Safety
"sister" s. 155 "this section" Incest (Offence)
"slot machine" s. 207(4.01) "In paragraph 4(c)" Exemptions for Lottery Offences
"solicitor" s. 183 "this Part" [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)] Wiretaps
"space flight" s. 7(2.34) "this subsection and in subsections (2.3) and (2.31)." Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"Space Station" s. 7(2.34) "this subsection and in subsections (2.3) and (2.31)." Special Jurisdiction for Offences Committed on Aircrafts or Spacecrafts
"stamp" s. 376(3) "this section" Miscellaneous Offences Against Property
"stamped" s. 121.1(1) undefined Miscellaneous Administration of Justice Offences
"statement" s. 107(3) "this section" Miscellaneous Firearms Offences
"statement" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)] Definition of Judicial Officers and Offices
"statements" s. 319(7) "this section" Public Incitement of Hatred (Offence)
"steal" s. 2 "this Act" Theft (Offence)
"summary conviction court" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)] Criminal Courts
"summons" s. 2 "this Act" Release by Police on Undertaking
"superior court" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)] Criminal Courts
"superior court of criminal jurisdiction" s. 2 "this Act" Definition of Judicial Officers and Offices, Criminal Courts
T
"territorial division" s. 2 "this Act" Definitions of Parties, Persons, Places and Organizations
"terrorism offence" s. 2 "this Act" Terrorism Definitions
"terrorist activity" s. 2 "this Act" Terrorism Definitions
"terrorist activity" s. 83.01(1) "this Part" [Pt. II.1 – Terrorism (ss. 83.01 to 83.33)] Terrorism Definitions
"terrorist group" s. 2 "this Act" Terrorism Definitions
"terrorist group" s. 83.01(1) "this Part" [Pt. II.1 – Terrorism (ss. 83.01 to 83.33)] Terrorism Definitions
"terrorist propaganda" s. 83.222(8) "this section" Warrant to Seize Terrorist Propaganda Publications
"terrorist propaganda" s. 83.223(11) "this section" Warrant to Seize Terrorist Propaganda Publications
"testamentary instrument” s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"theatre" s. 150 "this Part" [Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)] Miscellaneous Sexual and Disorderly Conduct Offences
"three-card monte" s. 206(2) "this section"
"tobacco product" s. 121.1(1) undefined Miscellaneous Administration of Justice Offences
"tracking data" s. 487.011 "this section and in sections 487.012 to 487.0199"
"tracking data" s. 492.1(8) "this section" Tracking Warrant
"tracking device" s. 492.1(8) "this section" Tracking Warrant
"personal authentication information" s. 342(4) "this section"
"trade combination" s. 467(2) "this section"
"traffic" s. 342.1 "this section" Unauthorized Use of Computer (Offence)
"traffic” s. 355.1 "the purposes of sections 355.2 and 355.4" Trafficking in Stolen Property (Offence)
"transfer" s. 84(1) "this Part" [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
"transmission data" s. 487.011 "this section and in sections 487.012 to 487.0199"
"transmission data" s. 492.2(6) "this section" Warrant for Transmission Data Recorder
"transmission data recorder" s. 492.2(6) "this section" Warrant for Transmission Data Recorder
"trial" s. 785 "this Part" [Pt. XXVII – Summary Convictions (ss. 785 to 840)]
"trial court" s. 673 "this Part" [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)]
"trustee" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
U
"undertaking" s. 2 "this Act" Release by Police on Undertaking
"unfit to stand trial" s. 2 "this Act" Fitness to Stand Trial
"United Nations operation” s. 2 "this Act"
"United Nations personnel” s. 2 "this Act"
"utter" s. 448 "this Part"
V
"valuable mineral” s. 2 "this Act" Miscellaneous Fraudulent Offences
"valuable security" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
"vehicle" s. 269.01(2) "this section"
"vehicle identification number" s. 353.1 "For the purpose of this section" Miscellaneous Offences Against Property
"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
"verdict of not criminally responsible on account of mental disorder" s. 672.1(1) "this Part" [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)] Mental Illness
"vessel" s. 320.11 "this Part" [Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)] Conveyance Offences
"victim" s. 2 "this Act" Role of the Victim and Third Parties
"victim" s. 715.3(1) "this Part" [Pt. XXII.1 – Remediation Agreements (ss. 715.3 to 715.43)] Remediation Agreements
Role of the Victim and Third Parties
"videoconference" s. 2 "this Act" Remote Attendance in Court
"visual recording" s. 162(2) "this section" Seizure and Forfeiture of Obscene or Child Pornographic Materials
"voyeuristic recording" s. 164(8) "this section" Seizure and Forfeiture of Obscene or Child Pornographic Materials
W
"warrant" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] Warrant Arrests, Release by Police on Undertaking
"weapon" s. 2 "this Act" Definition of Weapons
"witness" s. 118 "this Part" [Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]
"wounds" s. 268(3) "this section" Aggravated Assault (Offence)
"wreck” s. 2 "this Act" Miscellaneous Offences Against Property
"writing" s. 2 "this Act" Definitions for General Documents, Legal Documents and Financial Instruments
Y
"Young Offenders Act" s. 487.04 "In this section and in sections 487.05 to 487.0911"
"young person" s. 153(2) "this section"
"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
"medical emergency" s. 4.1 CDSA "this section" Exemption for Medical Emergency
"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
"business" s. 30 "In This section"
"cause" s. 44 Part II (s. 43 to 51)
"computer system" s. 31.8 s. 31.1 to 31.6 Electronic Documents and Records
"copy" s. 30 "In This section" Business Records Under the Canada Evidence Act
"corporation" s. 31 "In This section"
"Council" s. 39 s. 39(1)
"court" s. 29 "this section" Financial Institution Records
"court" s. 30 "In This section" Business Records Under the Canada Evidence Act
"court" s. 44 Part II (s. 43 to 51)
"data" s. 31.8 s. 31.1 to 31.6 Electronic Documents and Records
"electronic document" s. 31.8 "this section apply in sections 31.1 to 31.6" Electronic Documents and Records
"electronic documents system" s. 31.8 s. 31.1 to 31.6 Electronic Documents and Records
"financial institution" s. 29 "this section" Financial Institution Records
"government" s. 31 "In This section"
"judge" s. 38 "this section and in sections 38.01 to 38.15" National Defence and Security Privilege
"judge" s. 44 Part II (s. 43 to 51)
"legal proceedings" s. 29 "this section" Financial Institution Records
"legal proceeding" s. 30 "In This section" Business Records Under the Canada Evidence Act
"oath" s. 44 Part II (s. 43 to 51)
"participant" s. 38 "this section and in sections 38.01 to 38.15" National Defence and Security Privilege
"photographic film" s. 31 "In This section"
"potentially injurious information" s. 38 "this section and in sections 38.01 to 38.15" National Defence and Security Privilege
"proceeding" s. 38 "this section and in sections 38.01 to 38.15" National Defence and Security Privilege
"prosecutor" s. 38 "this section and in sections 38.01 to 38.15" National Defence and Security Privilege
"record" s. 30 "In This section" Business Records Under the Canada Evidence Act
"secure electronic signature" s. 31.8 s. 31.1 to 31.6 Electronic Documents and Records
"sensitive information" s. 38 "this section and in sections 38.01 to 38.15" National Defence and Security Privilege

Youth Criminal Justice Act

Term Section Scope Related Sections and/or Articles
"adult sentence" s. 2(1) "this Act" Youth Criminal Justice
"Attorney General" s. 2(1) "this Act" Youth Criminal Justice
"child" s. 2(1) "this Act" Youth Criminal Justice
"conference" s. 2(1) "this Act" Youth Criminal Justice
"confirmed delivery service" s. 2(1) "this Act" Youth Criminal Justice
"custodial portion" s. 2(1) "this Act" Youth Criminal Justice
"disclosure" s. 2(1) "this Act" Youth Criminal Justice
"extrajudicial measures" s. 2(1) "this Act" Youth Criminal Justice
"extrajudicial sanction" s. 2(1) "this Act" Youth Criminal Justice
"offence" s. 2(1) "this Act" Youth Criminal Justice
"parent" s. 2(1) "this Act" Youth Criminal Justice
"pre-sentence report" s. 2(1) "this Act" Youth Criminal Justice
"provincial director" s. 2(1) "this Act" Youth Criminal Justice
"publication" s. 2(1) "this Act" Youth Criminal Justice
"record" s. 2(1) "this Act" Youth Criminal Justice
"review board" s. 2(1) "this Act" Youth Criminal Justice
"serious offence" s. 2(1) "this Act" Youth Criminal Justice
"serious violent offence" s. 2(1) "this Act" Youth Criminal Justice
"violent offence" s. 2(1) "this Act" Youth Criminal Justice
"young person" s. 2(1) "this Act" Youth Criminal Justice
"youth custody facility" s. 2(1) "this Act" Youth Criminal Justice
"youth justice court" s. 2(1) "this Act" Youth Criminal Justice
"youth justice court judge" s. 2(1) "this Act" Youth Criminal Justice
"youth sentence" s. 2(1) "this Act" Youth Criminal Justice
"youth worker" s. 2(1) "this Act" Youth Criminal Justice

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 "Clerk 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" 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"
"year" s. 37 not specified
"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")

Misc Definitions

  • "Jurat" - "statement on affidavit of when, where, and before whom it was sworn"[2] see also [3]

Repealed Definitions

Term Section Scope Related Sections and/or Articles
"aircraft" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)] s. 244.2, 249, 251 to 254, 255, 255.1, 258, 259, 260
"appearance notice" s. 493
"child" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)]
"common bawdy-house" s. 197 "this Part" [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)] Gambling Offences (Offence)
"data" s. 83.223(11) "this section"
"designated drug offence" s. 462.3(1) "this Part" [Pt. XII.2 – Proceeds of Crime (ss. 462.3 to 462.5)]
"designated substance offence" s. 462.3(1)
"designated substance offence" s. 462.48(1) "this section"
"enterprise crime offence" s. 462.3(1)
"entity" s. 83.01(1) "this Part" [Pt. II.1 – Terrorism (ss. 83.01 to 83.33)]
"judge" s. 83.28 Section 83.28 and 83.29 Definition of Judicial Officers and Offices
"magistrate" s. 552 "this Part" [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)]
"means" Abortion (Unconstitutional Offence)
"Minister of Health" Abortion (Unconstitutional Offence)
"officer in charge" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]
"operate" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)]
"promise to appear" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]
"prostitute" s. 197(1)
"qualified medical practitioner" Abortion (Unconstitutional Offence)
"recognizance" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]
"significant threat to the safety of the public" s. 672.5401 "section 672.54" Review Board Disposition Hearings
"street racing" s. 2 "this Act"
"summons" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]
"undertaking" s. 493 "this Part" [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]
"vessel" s. 214 "this Part" [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)] Referenced in s. 244.2, 249, 250 to 255.1, and 258 to 260.

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) [4]
  • Police Interaction and its Relation to Arrest and Use of Force by Police [5]

Criminal Code Forms

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

List

List of Criminal Code Forms

Form 1 to 5.3

Form 6 to 30

Form 31 to 54

See Also

Misc Procedural Provisions

Part II

Civil remedy not suspended

11 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.
R.S., c. C-34, s. 10.

CCC (CanLII), (DOJ)


Note up: 11

Certain acts on holidays valid

20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.
R.S., c. C-34, s. 20; R.S., c. 2(2nd Supp.), s. 2; 2019, c. 25, s. 5.

CCC (CanLII), (DOJ)


Note up: 20

Part XXVII

Fees and Allowances
Fees and allowances

840 (1) Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part.

Order of lieutenant governor in council

(2) The lieutenant governor in council of a province may order that all or any of the fees and allowances mentioned in the schedule to this Part shall not be taken or allowed in proceedings before summary conviction courts and justices under this Part in that province and, when the lieutenant governor in council so orders, he or she may fix any other fees and allowances for any items similar to those mentioned in the schedule, or any other items, to be taken or allowed instead.
R.S., 1985, c. C-46, s. 840; 1994, c. 44, s. 83; 1997, c. 18, s. 114.

CCC (CanLII), (DOJ)


Note up: 840(1) and (2)


Precedents and Checklists

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

Checklists

Charts and Tables

Precedents

Forms

Tools

See Also

Disposition

Motions Chart

Motion/Application/Order
(Publication) Code Section
Exclusion of Public 486
Publication Ban (ID of Complainant) 486
Publication Ban (Show Cause Hearing) 517
Publication Ban (Preliminary Inq.) 539, 542(2)
Publication Ban (276 application) 276.3
(Election/Plea) Code Section
Re-Election 561
Waive P.I. 549
(Warrants) Code Section
Accused Warrant 524(1)
Witness Warrant 626(2), 698(2), 705
Included Offences 606(4), 662
(Admissions) Code Section
Admission of Facts in Trial 655
(Forfeiture) Code Section
Forfeiture 462.37, 490.1, 491, 16(CDSA)
(Mental Health) Code Section
Psych. Assessment 672.11
Psych. Remand 537 [I], 803(5)[S]
(Bail) Code Section
Bail Variation/Review 523/520
Crown adjournment to show cause 516
Bail Revocation 523, 524
Release Pending Appeal 679
No contact while remanded 515(12)
Release Pending Appeal 679
(Sentence) Code Section
DNA Order 487.05
SOIRA Order 490.012
Intermittent Time 732
Curative Discharge 255
Probation Order 731, 732.1
Fine 734, 734.1
Victim Fine Surcharge 737
Restitution (stand-alone) 738
Conditional Sentence 742.1
Wiretap disclosure 487.3

Screen

Prohibit cross examination by self rep

Videolink testimony

Prior stamens video

Forfeiture Offence related property

Forfeit computer equip

Disclosure

Particulars

Third party records

Pre-Trial and Trial Motions Checklist

Alternate Source: Google Docs Google Docs(2)


Trial Preparation Checklist

Trial Preparation Checklist

See also: Precedents, Court Forms and Checklists

Witness Preparation

General
  • ensure witnesses are aware of trial date and purpose by phone, letter or email
  • ensure subpoenas for witnesses are issued (consider whether for provincial vs superior court)
    • if national or international subpoena needed, apply to supreme court
    • if international consider whether visas are needed
  • make arrangements for out-of-town witnesses (transportation and accommodation)
  • copies of criminal record of witnesses (such as CPIC printout)
  • provide witnesses with chance to review exhibits (images, documents, records, transcripts)
  • notify witnesses of trial booking and likely timeline of trial
  • verify whether counsel has any legal conflicts with witness
Interviewing
  • give/show copies of statements to witnesses so that they can review in a reasonable amount of time
  • where practical, have an observer present at meetings to ensure no dispute on what was discussed
  • new information from witness may require the taking of a new statement from that witness
  • never suggest an answer to a witness on any essential aspects of evidence, especially eye-witness identification[3]
Expert Witnesses
  • meet with expert at least once to review opinions / familiarize counsel with technical issues
  • verify with expert the field of expertise being sought for qualification
Police Witnesses
  • Confirm officer has access to their reports and notes. Ensure that they review and bring all their materials with them.
Special Witnesses
  • if child or other vulnerable witness, arrange for multiple meetings in the months before to gain comfort with the child and rapport.
  • book interpreter for meetings and court (if court is arranging, be sure they have done so)

Preparing Client (Defence Only)

  • Notice to Client of Trial Date and duration
  • Scheduling of appointments to meet with client
Client's Decision to Testify
  • Review client's prior statements
  • Ensure client has reviewed evidence, including exhibits, that may be showed to him in trial
  • Explain the damaging evidence may be presented in cross-examination
  • Warn of risks of putting his character in issue
Preparations for Cross-examination

Pre-Trial Applications (Non-Charter)

  • Application for Publication Bans
  • Application to prohibit self-represented from Cross-examining alleged victim (Crown or Witness only)
  • Application for Rowbotham counsel (self-represented only)
  • Application for Audio/Video-link testimony

Notices

Legally required notices are in bold

Notice to Opposing Counsel
  • notice of any outstanding disclosure / completion of disclosure
  • notice of expert evidence, including area of qualification, copy of expert's resume, and can-say (30 days)
  • notice to admit business documents (7 days)
  • notice to admit financial records
  • notice to admit court orders (only some require it)
  • expert report forwarded to other party (usually approx 30 days)
  • notice of charter applications (usually approx 30 days)
  • notice to admit wiretap evidence (requires "reasonable notice", see s. 189(5) and Admitting Wiretap Evidence)
  • notice of any applications (e.g. amendments to information, accused sitting at counsel table)
  • notice seeking agreement on facts
  • notice seeking agreement on issues of law (basic elements of proof, continuity, voluntariness of statements, blended voir dires)
  • notice of any agreed or uncontested facts
  • notice of any agreed / conceded issues of law (basic elements of proof, continuity, voluntariness of statements, blended voir dires)
  • notice to witnesses that they should bring certain records or other evidence
Court
  • notice to court of A/V equipment needed
  • notice to court of extra security needed
Witnesses/3rd Parties
  • notice for subpoenas have been sent
  • ensure that subpoenaed documents have been issued (within reasonable time)
  • ensure that witnesses are aware of trial date(s)
  • notice to investigator of due date for having all evidence complete and trial date
  • notify other 3rd parties of due date and trial dates (e.g. transcribers, experts, or other interested parties)
  • notice by crown to police investigator of any dropping of charges with reasons and any considered plea agreements
For Crown
  • Notify defence of intended use of any inculpatory statements (not legally required)
  • Request position on the admissibility of anticipated tendered evidence (not legally required), including CEA notice, voluntariness
For Defence
  • Request position on what documents (or other any exhibits) are being relied upon to make out offence


Crown Request for Concessions

See also: Precedent - Crown Letter re Admissions

Exhibits

Generating
  • ensure that any A/V recordings have been sent for transcription with a scheduled completion date
  • have expert send counsel a copy of their resume
  • ensure that experts have due dates on reports being written
  • ensure that any investigators have completed collection of evidence
Organizing
  • review all records, documents and real evidence that may be put to each witness, consider whether they should be exhibits. Consider how each can be authenticated.
  • ensure that there are four copies (original, crown, defence, judge copies) for all potential documents to be used (e.g. transcripts of audio statements, court proceedings, witness statements, police notes, photographs, records, expert's resume)
  • consider making an exhibit book, organized by witness or as one large book.

Trial Counsel's Materials

See also: Motions Chart and Examination Checklist
Trial Book
  • checklist of information to put on the record prior to the commencement of trial (e.g. agreement of facts, non-contested issues, time estimations, order of witnesses, duration of witnesses, number of voir dires, whether voir dires are blended)
  • checklist of motions for prior to the commencement of trial
  • checklist of information that you want to put on the record prior to the close of counsel's evidence (e.g. expectations on rebuttal evidence, time expectation)
  • checklist of motions for prior to the closing of counsel's part of their case
  • briefs on the law and supporting case law
  • list of witnesses with synopsis of their relevant evidence
  • outline of proof for each charge, connection with each witness and exhibit
  • examination outlines for each witness
  • opening/closing outline
Stationary
  • pads of paper
  • pens, highlighters, markers
In Court Equipment
  • Criminal Code, textbooks
  • laptop + power cable
  • connector for large screen
  • Riser / Stand for materials
Out of Court Items
  • change for snack machine, parking meter, toll booths, etc.
  • cell phone (for calling office or witnesses)
Health Breaks
  • snacks, lozenges
  • medications

At Court Preparation

Court Presentation
  • examine technology set-up and test to ensure it is working properly
  • verify all exhibits and trial counsel material are present
  • consider pre-marking exhibits

Witnesses

  • verify witnesses and interpreters are present and ready
  • canvas with witnesses any potential conflicting obligations that may affect the case (e.g. police officer who is double booked between two trials)
  • notify witnesses of likely timeline of trial
  • review any last minute developments with client / witnesses
  • provide witnesses with last chance to review exhibits (statements, images, documents, records, transcripts)


Preliminary Inquiry

Types of Witnesses Needed (Crown only)
  • Necessary witnesses to prove elements of the offence on Sheppard standard
  • Necessary witnesses to prove the continuity of exhibits
  • Necessary witnesses to prove voluntariness of any inculpatory statements beyond a reasonable doubt

Specific Offences

Sexual Offences

  • complainant's notified of privacy interest in records
  • complainant's notified of right to counsel
  • obtain waiver of privacy from complainant

Conveyance Offences

  • certificate of analysis

See also

  • Baum, Art of Advocacy: Preparation
  • Manes & Edwards, Organized Advocacy, 2d ed. (Toronto:Carswell, 1988) Form 12-2
  • F. Lee Bailey, Fundamentals of Criminal Advocacy (Rochester: The Lawyers Co-op, 1974)
  • F. Lee Bailey, Investigation and Preparation of Criminal Cases (Rochester: The Lawyers Co-op, 1985)
  • Justice Saunders, Reflections on the Art ... and Science of Decision-Making [6]
Theory of the case

Crown File Review Checklist

File Review

FILE CHECKLIST
INITIAL REVIEW
  • Review Form of Charges:
    • Range of dates conforms to evidence?
    • Verify Wording of Offence, Section, and Victim(s)
    • Election: _______________ [ ] On Record? ________________
  • Hearing Estimates:
    • Time Estimate Trial: _____________ Prelim. _______________


    • Section 109 Weapons Prohibition Order (If subject to prior Order)
    • Relying on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA
  • Pick-up Order? Institution: _________________________
  • Publication Bans
TRIAL POLICE WITNESSES
  • Witnesses as found in Crown-sheet
  • Additional witnesses
Witness Involvement Officer Reports Notes Subpoenaed
1
2
3
4
5
TRIAL CIVILIAN WITNESSES
  • Witnesses as found in Crown-sheet
  • Additional witnesses
Witness Involvement Statements Summary Subpoenaed
1
2
3
4
5
NOTICES
  • Increased Penalty Notices s. 727 of Code or s. 8 of CDSA:
  • Send counsel / self-represented letter giving Business Documents Notice (s. 30 CEA) - 7 days before trial
  • Bank Records (s. 29 CEA) No notice needed as long as affidavit available
  • Expert Evidence (s. 657.3) - 30 days before trial
  • Preliminary Inquiry Hearsay (s. 540(7)) Reasonable notice, s. 540(8) CC
  • Certificate of Qualified Technician (s. 258) Reasonable notice, s. 258(7)
  • Certificate of Non-appearance (s. 145(9)) Reasonable notice, s. 145(11) CC
  • Certified True Copy _______________________________ (s. 24 CEA) 7 days prior to trial, s. 28(2) CEA
Initial Disclosure
DOCUMENTS
  • Request Certified Documents:
    • [list documents]

[List documents]

  • Send counsel / self-represented letter giving Judicial Documents Notice for:

[list documents]

  • Expert Witness Notice
  • Drafting of Joint Statement of Fact
MISSING DISCLOSURE
  • Record: ___________________________
  • Date requested
  • Date received
  • Date disclosed
OTHER TRIAL READINESS ISSUES
  • Out of Province Subpoena Applications required for: ___________________
  • Make travel arrangements for: _______________________________________
  • Interpreter Needed?
    • Court notified for booking?
  • Video-link Needed?
    • Court notified for booking?
  • Order Transcripts of police statements: __________________________
Needed by: _____________________
  • Order Transcripts of preliminary inquiry: _________________________
Needed by: ______________________
  • Preparing Exhibits (4 copies Judge alone [W, J, D, and C] or 18 copies for Jury trial [4 + 12 + 2 extra]):
[list exhibits here]
  • Testimonial Aids:
[ ] Video link out of country
[ ] Video link out of province
[ ] Support Person
[ ] Testimonial Screen
[ ] Video link for vulnerable witnesses
ISSUES
  • Issue:
  • Remedy:
TRIAL CANCELLATION
  • Call off police/civilian witnesses on file
Reason: ______________________________
SENTENCING
  • Victim Services Referral
  • PSR / PDR Notification
  • Prohibition Orders:
    • Section 109/110 Weapons Prohibition for _____ years
    • Section 161 for _____ years
    • Driving (259) for _______ years
  • Order of Forfeiture of Weapons
CONCLUSION OF FILE
  • Print-out electronic files (if necessary)
  • Fill out closure forms
  • Forward to File Room / Records


Subsequent Appearance

  • Do I have the complete file?
  • Was disclosure provided? To whom?
  • Is there any pending disclosure requests?
  • Have victims been identified? Was referral made to Victim Services?
  • Does accused have counsel?
  • Was an election made? If summary, is it within time?
  • What is the trial-time estimate?
  • Does a victim need to be given notice?
  • If Accused failed to attend, was proper notice provable?
  • Has there been any settlement proposal sent to defence?
  • In case of snap sentencing, consider penalty and ancillary order?
  • How much delay has accrued? Does it warrant request for deemed election/plea?
Organize for easy access
information, summary of facts, release/detention docs, criminal record, can-says, key photos

Disclosure Review

General
  • information/indictment
  • Crown sheet/brief
  • Release Order / Undertaking
  • List of witnesses with contact info
  • Notice of Intention to Intro. Documents
  • Scene Photos
  • Injury Photos
Special Records for Specific Offences
  • Certificate of Qualified Breath Tech
  • Extrapolation Report
  • Breath Test Ticket
Civilian Witnesses

Name / Involvment / Statements / Summary


Peace Officers

Name / Involvment / Report / Notes


Outstanding Disclosure


McNeil Requests


Vetting Disclosure

VETTING CHECKLIST
Relevance
  • Clearly irrelevant
Privilege
  • Informer privilege (usually in communication records)
  • Solicitor-client privilege including Crown/police advice (usually in communication records, police reports)
  • Investigative technique privilege
Witness safety
  • Contact info (address, phone number, email address) for witnesses / alleged victims who are at specific risk.
Alleged Victim's Private Records for Certain Sexual Offences
  • For certain sexual offences,[4] any record that attracts reasonable expectation of privacy of the alleged victims.[5]
    • medical, psychiatric, therapeutic, counselling,
    • education, employment,
    • child welfare, adoption and social services records
    • personal journals and diaries
On-going Investigation
  • Records relating to investigative steps in ongoing investigations
  • Records identifying suspects to ongoing investigations
  1. Unless relating to terrorism or crim. org.
  2. Some jurisdictions have invalidated the minimum
  3. http://canada.justice.gc.ca/eng/rp-pr/cj-jp/ccr-rc/pmj-pej/pmj-pej.pdf
  4. section 151 [sexual interference], 152 [invitation to sexual touching], 153 [sexual exploitation], 153.1 [sexual exploitation of disabled], 155 [incest], 160 [bestiality], 170 [parent or guardian procuring sexual activity], 171 [householder permitting prohibited sexual activity], 172 [corrupting children], 173 [Indecent acts], 213 [stopping or impeding traffic], 271 [sexual assault], 272 [sexual assault with a weapon or causing bodily harm], 273 [aggravated sexual assault], 279.01 [trafficking in persons], 279.011 [trafficking in persons, under 18], 279.02 [material benefit from trafficking], 279.03 [withholding or destroying docs], 286.1 [obtaining sexual services for consideration], 286.2 [material benefit from sexual services provided] or 286.3 [procuring]
  5. Production of Records for Sexual Offences

Defence File Review Checklist

File Review

FILE CHECKLIST


FIRST APPEARANCE ISSUES
  • Necessary Publication Bans
SUFFICIENCY OF NOTICES
  • Increased Penalty Notices s. 727 of Code or s. 8 of CDSA:
    • Section 109 Weapons Prohibition Order (If subject to prior Order)
    • Crown Give Notice to Rely on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA


SUFFICIENCY OF CHARGES
  • Review Form of Charges:
    • Range of dates conforms to evidence?
    • Verify Wording of Offence, Section, and Victim(s)


DISCLOSURE REVIEW FOR COMPLETENESS
  • List names of people who are mentioned but no statement can be found. Determine whether to confirm whether they were interviewed.
  • Determine if any witness is referring to or referencing a document not in disclosure
  • Examine all photocopies and handwritten notes. Be sure that they are legible' and not cut-off in the copying process.
Seized Exhibits
  • Review list of exhibit items seized by police for documents or photographs. Verify that they been included in the disclosure. Consider requesting copies of photographs of the items.
  • Review list of exhibit items seized by police that are electronic devices. Verify the status of their examination and likely timeline for any report. Consider whether to request disclosure of a forensic copy for the purpose of review by defence expert.
Relevant Investigative Files
  • Does disclosure mention other investigations relevant to the case. Consider whether the contents may have relevant information within it.
Co-Accused Cases
  • Request a list of records that are in the possession of the Crown that were disclosed to one co-accused but withheld for irrelevancy to counsel.
DEFENCE DOCUMENTS
  • Request Certified Documents:
    • [list documents]
  • Expert Witness Notice
  • Drafting of Joint Statement of Fact
OTHER TRIAL READINESS ISSUES
  • Out of Province Subpoena Applications required for: ___________________
  • Make travel arrangements for: _______________________________________
  • Interpreter Needed?
    • Court notified for booking?
  • Video-link Needed?
    • Court notified for booking?
  • Order Transcripts of police statements: __________________________
Needed by: _____________________
  • Order Transcripts of preliminary inquiry: _________________________
Needed by: ______________________
  • Preparing Exhibits (4 copies Judge alone [W, J, D, and C] or 18 copies for Jury trial [4 + 12 + 2 extra]):
[list exhibits here]
  • Testimonial Aids:
[ ] Video link out of country
[ ] Video link out of province
[ ] Support Person
[ ] Testimonial Screen
[ ] Video link for vulnerable witnesses


  • Hearing Estimates:
    • Time Estimate Trial: _____________ Prelim. _______________


SENTENCING
  • Letters of Reference
  • PSR / PDR Notification
  • Prepare client for s. 726 address to Court
CONCLUSION OF FILE

Draft Informations and Indictments

PRECEDENT TERMS OF USE

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

NB: all charging documents should be in both french and english.

Information

See also: Criminal Code Forms (Form 2)
INFORMATION

FORM 2
Canada,
Province of ___________,
(territorial division).

Information
(Sections 506 and 788)

This is the information of [informant's name], of ___________, (occupation), hereinafter called the informant.

The informant says that he/she has reasonable grounds to believe and does believe that

[NAME(S) OF ACCUSED PERSONS]

being an adult, a young person

on or about the ______________ day of ______________________________ A.D. ____________; or
between the ______________ day of _______________________________ A.D. ____________
and the _____________ day of ________________________________ A.D. ____________
at or near _______________________________________________________________________, [province] did

[LIST OF ALL CHARGES]

Sworn or affirmed 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.

Indictment

INDICTMENT

FORM 4 (Sections 566, 566.1, 580 and 591)


C A N A D A File No _______________
PROVINCE OF [province]
PROVINCE DE [province, french]

IN THE [SUP. LEVEL OF COURT] OF [PROVINCE]
DANS LA [SUP. LEVEL OF COURT, french] DE [PROVINCE, french]

HIS MAJESTY THE KING
SA MAJESTÉ LE ROI

against
contre

[NAME OF ACCUSED PERSON 1]
AND
[NAME OF ACCUSED PERSON 2]

[NAME OF ACCUSED 1] of [ADDRESS] in the county of [Region]
de dans le comté de

and
et

[NAME OF ACCUSED 2] of [ADDRESS] in the county of [Region]
de dans le comté de


stands charged
est inculpé(d) d'avoir

THAT he/she/they, between the [date] day of [month], [year] and the [date] day of [month], [year], at or near _________________, in the province of _________, did

OR

THAT he/she/they, on or about the [date] day of [month], [year], at or near _________________, in the province of _________, did

...[describe the offence] ... (count 1);

AND FURTHERMORE THAT he/she/they ...[describe the offence]... (count 2);

...

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


FAIT LE _______ jour de _________________ en l'an de grâce _________ à ______________________, [province, french].



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


(Agent of the Attorney General)

IF THE CHARGE IS DONE AS A PREFERRED INDICTMENT

I hereby consent to the preferring of this indictment pursuant to section 577 of the Criminal Code.

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


FAIT LE _______ jour de _________________ en l'an de grâce _________ à ______________________, [province, french].


_____________________________________
[Name]
[Title]
(Signature of Att. Gen. or other person designated under s. 577)

A translation into french of the details contained in this document may be obtained upon request.
Une traduction en français des détails de ce document peut être obtenue sur demande.

REVERSE OF INDICTMENT

C A N A D A
PROVINCE OF [PROVINCE]
PROVINCE DE [PROVINCE, french]

IN THE [name of superior court] OF [PROVINCE, french]
DANS LA [name of superior court] DE [PROVINCE, french]

HIS MAJESTY THE KING
SA MAJESTÉ LA REINE

against
contre

[ACCUSED 1]
AND
[ACCUSED 2]


INDICTMENT
ACTE D'ACCUSATION


Present: The Honourable
Devant: Son Honneur

with a jury
avec un jury
JURORS
JURÉS

1.

7.

2.

8.

3.

9.

4.

10.

5.

11.

6.

12.



Verdict:

_______________________________
FOREPERSON
PRÉSIDENT(E)

Taken in open court this ____________ day of ________________________ A.D., __________, at ______________________________, [province].
Prononcé en audience publique le jour de l'an de grâce 20 , à [Province, french].




________________________________
CLERK OF THE CROWN
PRÉPOSÉ(E) DE LA COURONNE


Bail Checklist

Initial Steps

See also: Bail Hearing (Model Examination)
  • Review case synopsis, consider conflicts regarding self or others;
  • have statements of witnesses and complainant;
  • have an updated print out of the accused's criminal record;
  • consider whether any other outstanding release orders should be revoked under s. 524.
  • consider whether the accused should be assessed for fitness to stand trial under s. 672.11(a);
  • collect any available background information on the accused including history of mental illness, drug abuse, employment history, residential history, or
  • determine any concerns or safety concerns for the witnesses, complainants or victims;

Primary Grounds

Concerns as a Flight Risk
  • Ties to the community
    • friends, family, other community members
    • school, employment, church, volunteering
    • Canadian Citizenship
  • Criminal record (esp. those relating to compliance and honesty)
  • Other outstanding charges
  • History of compliance with police direction.
  • Strength of conneciton to other provinces or other countries

Secondary Grounds

the circumstances of the offence:

  • seriousness and nature of the offence
  • duration of the offence, number of offences
  • surrounding circumstances of the offence and offender
  • accused's potential culpability
  • involvement of firearms
  • degree of planning and deliberation
  • mental health issues (observable by witnesses or in video statement)
  • addiction issues
  • any other issues that suggest dangerousness
  • suicidal tendencies
  • consciousness of guilt
  • physical and emotional impact of the incident upon the victim
  • likelihood of lengthy sentence
  • strength of the Crown's case[1]
  • risk or harm to victim
  • accused's criminal record
  • previous outstanding release conditions
  • history of abiding by court orders and conditions

Tertiary Grounds

See Also

Draft Jury Decision Trees

Aggravated Assault[1]


Invitation to Sexual Touching



See Also

Bail Release Form

Release

See s. 515(4) of the Criminal Code

NAME:_____________________________________

ADDRESS:___________________

DATE:___________________

CASE #s:___________________

Publication Ban
  • Order for ban on publication pursuant to s. 487.4 of the Criminal Code


Type of Release
  • Undertaking
  • Recognizance $ ____________
  • Own $ ___________ Surety $ _________________ $ Sureties (2) $ ________________
Conditions

The Applicant shall

  • keep the peace and be of good behaviour.
  • attend court as and when directed.
  • report within twenty-four (24) hours of his release from custody, in person, to the ___________________, and thereafter he shall report as and when directed by ______________ and in any event not less than once per week in person.
  • reside at___, and shall not change his address without first obtaining the consent of the Court.
  • when first reporting to the Bail Supervisor, provide his phone number to the Bail Supervisor and he shall not change that phone number without first advising the Bail Supervisor.
  • obey all rules and regulations of his residence.
  • remain within the Province of _____________.
  • remain within the property upon which his residence is located at all times, except he may leave his residence between the hours of 6:00 a.m. and 8:00 p.m. as follows:
    • while in the company of his mother, _______________;
    • while in the company of his counsel; or
    • while in the company of another adult person approved in writing by the Bail Supervisor.
  • The present himself at the door of his residence when any Peace Officer or Bail Supervisor attends there for the purpose of determining his compliance with this Order.
  • respond personally and immediately to the phone when any Peace Officer or Bail Supervisor makes a phone call to his residence for the purpose of determining his compliance with this Order.
  • not leave ______, except with the permission of the Court or the written permission of the Bail Supervisor.
  • abstain from communicating, directly or indirectly, and shall have no contact, with [named persons], except as follows:
    • through legal counsel, or
    • while in attendance at court and within the courtroom.
  • not attend at or be within fifty (50) meters of any place which he knows to be the residence, school or workplace of any of those persons mentioned in condition 11, except while on a highway in a moving motor vehicle.
  • not possess or consume any alcohol or any controlled substance as defined in Section 2 of the Controlled Drugs and Substances Act, except as prescribed for him by a Physician.
  • not enter any liquor store, beer and wine store, bar, pub, lounge or other business premise where the primary commodity sold is liquor.
  • not possess any pipe, syringe or other drug paraphernalia.
  • register the number of any cell phone, pager or portable telecommunication device with the Bail Supervisor.
  • not possess any weapon as defined in Section 2 of the Criminal Code, and he shall not reside in a home where any other person keeps or stores any such weapon.
  • forthwith surrender for safekeeping to the ____ RCMP Detachment any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in his possession, together with any authorization or registration certificate for any such item. Except for purposes of making the delivery to the ____ RCMP in accordance with this condition, he shall not possess any of the listed items and he shall not reside in a home where any other person keeps or stores any such item.
  • not possess any knife except for the purpose of preparing or eating food.
House Arrest/Curfew

The Applicant shall:

Disposition Form

DISPOSITION

NAME:_____________________________________

DATE:___________________

CASE #s:___________________

WHEREAS the accused was charged with ____

AND having considered the purpose and principles of sentence found in s. 718 to 718.2 of the Criminal Code;

AND having considered the circumstances of the offence and the personal circumstances of the offender;

AND having heard submissions of both Crown and defence counsel;

AND having heard the statement of the accused and the statement(s) of the victim(s) OR having been satisfied that the accused and victim(s) were afforded an opportunity to give statements relevant to sentencing;

I find that a fit and proper sentence for this offender is as follows:

CUSTODY
  • You are sentenced to [a global period of] _______________ to be served in a provincial correctional facility / a federal institution.
  • This sentence is to be served:
    • on a straight time basis
    • concurrently to any sentence you are already serving.
    • intermittently between the hours of _________ and __________, beginning on _________________
  • SEE BELOW for CONDITIONAL SENTENCE ORDERS, INCLUDING TERMS AND CONDITIONS
  • The sentence shall be broken down as follows:
Count # Charge Period of Custody Concurrent or Consecutive


DISCHARGE/SUSPENDED SENTENCE
  • you are granted a Absolute Discharge
  • you are granted a Conditional Discharge, which will become absolute upon successful completion of the period of probation without any new criminal convictions arising.
  • your sentence is suspended subject to the successful completion of the period of probation without any new criminal convictions arising.
PROBATION
Form of Order

You shall:

  • for a period of ______________ beginning on the date of this order;
Terms and Conditions
Mandatory

...comply with the following terms and conditions:

  • ⛝ keep the peace and be of good behaviour
  • ⛝ appear before the court as and when directed;
  • ⛝ notify the court, probation officer or supervisor, in advance, of any change of name, address, employment or occupation.
Optional

...And in addition you shall:

  • report to probation services at _________________________ within ____________ days of from [today / date of expiration of your sentence of imprisonment] and thereafter when required, as directed by your probation officer or supervisor.
  • remain within the province of Nova Scotia unless you receive written permission from your probation officer;
  • not to take or consume alcohol or other intoxicating substances;
  • not to take or consume a controlled substance as defined in the Controlled Drugs and Substances Act except in accordance with a medical prescription;
  • not to own, possess or carry a weapon, ammunition or explosive substance;
  • complete ___________ hours of community service work as directed by your probation officer by _____________;
  • participate in the following treatment programs: ____________________________________________
  • have no direct or indirect contact or communication with ______________________________________________________________________________________________________________________________________ except: (a) through a lawyer; (b) in accordance with a written separation agreement or court order for access to a child or children; (c) through ________________________________________________________________ for the purpose of access to a child or children; (d) incidental contact in an educational or treatment program or while at work; (e) ___________________________________________________________________________ (m) do not be on or within __________ meters of the premises known as: ____________________________________________________________________________________________________________________________ except ____________________________________________________________________________________ (n) make reasonable efforts to locate and maintain employment or an educational program as directed by your probation officer;
  • attend for mental health assessment and counselling as directed by your probation officer;
  • attend for substance abuse assessment and counseling as directed by your probation officer;
  • attend for assessment and counseling in anger management as directed by your probation officer;
  • attend for assessment and counseling in a violence intervention program as directed probation officer; (spousal or partner related)
  • attend for gambling addiction assessment and counseling as directed by your probation officer;
  • attend for assessment, counselling or a program as directed by your probation officer;
  • participate in and co-operate with any assessment, counseling or program direct by your supervisor;
  • not to associate with or be in the company of the following persons: _________________________________________________________________________________________________________________________________ except incidental contact in an educational or treatment program or while at work;
  • make restitution through the Clerk of the Court on or before: ___________________________________________
  • submit for urinalysis or other alcohol or controlled substance screening as directed by your probation officer;
  • submit to electronic monitoring as directed by your probation officer;
Curfew
  • remain in your residence from __________ until ___________the following day, seven days a week except under the following terms:
    • when at regularly scheduled employment, which your probation officer knows about, and travelling to and from that employment by a direct route;
    • when attending a regularly scheduled education program, which your probation officer knows about, or at a school or educational activity supervised by a principal or teacher, and travelling to and from the education program or the activity by a direct route;
    • when dealing with a medical emergency or in medical appointments involving you or a member of your household and traveling to and from it by a direct route;
    • when attending a scheduled appointment with your lawyer or a probation officer, and traveling to and from the appointment by a direct route;
    • when attending court at a scheduled appearance or under subpoena and traveling to and from court by a direct route;
    • when attending a counselling appointment, a treatment program or a meeting of Alcoholics Anonymous or narcotics anonymous, at the direction of war with the permission of your probation officer, and traveling to and from that appointment, program or meeting, via direct route;
    • when attending a regularly scheduled religious service;
    • when making application for employment or attending job interviews, Monday through Friday, between the hours of 9:00 a.m. and 5:00 p.m.;
    • when in a residential treatment program if your probation officer is told, in advance, where you will be and you agree that the facility can tell your probation officer if you are there, should your probation officer inquire;
    • with written approval of your probation officer given beforehand;
Compliance
  • For the duration of the curfew, you must prove compliance with the curfew condition by presenting yourself at the entrance of your residence should a probation officer or a peace officer attend there to check compliance.
CONDITIONAL SENTENCE
  • You are sentenced to imprisonment for a period of _______________. Whereas the Court is satisfied that should you remain in the community you will not endanger the safety of this community and is satisfied that such a sentence is consistent with the fundamental purpose and principles of sentencing. You shall serve this sentence in the community under the follwoign terms and conditions:
Mandatory Terms
  • ⛝ keep the peace and be of good behaviour;
  • ⛝ appear before the court when required to do so;
  • ⛝ Report to a supervisor at ______________ on or before _______________ and then as directed thereafter;
  • ⛝ Remain in the province of _____________________ unless written permission from the Sentence Supervisor is obtained
  • ⛝ Notify promptly of any change in name address, employment or occupation.
Optional Terms

... and in addition, you shall:

  • not take or consume alcohol or other intoxicating substances;
  • not take or consume a controlled substance as defined in the Controlled Drugs and Substances Act except in accordance with a medical prescription;
  • not own, possess or carry a weapon, ammunition or explosive substance;
  • complete _______________ hours of community service work by _____________ as directed by your supervisor;
  • participate in the following treatment programs: __________________________________________________________________________________________________________________________________________
  • attend for mental health assessment and counselling as directed by your supervisor;
  • attend for substance abuse assessment and counseling as directed by your supervisor;
  • attend for assessment and counselling in anger management as directed by your supervisor;
  • submit for urinalysis or other alcohol or controlled substance screening as directed by your supervisor;
  • attend for assessment and counselling in a violence intervention program as directed; (spousal or partner related)
  • attend for gambling addiction assessment and counselling as directed;
  • attend for assessment, counseling or a program as directed by your supervisor;
  • participate in and co-operate with any assessment, counseling or program as directed by your supervisor;
  • not to associate with or be in the company of the following persons: _________________________________________________________________________________________________________________________ except incidental contact in an education or treatment program or while at work;
  • have no direct or indirect contact or communication with ___________________________________________________________________________________________________________________________________ except: through a lawyer, in accordance with a written separation agreement or court order for access to a child or children; through __________________________________________________________________ for the purpose of access to a child or children, incidental contact in an education or treatment program or while at work; or * ______________________________________________________________________________
House Arrest / Curfew
  • remain in your residence at all times beginning at _____________ on ______________ and ending on ___________, inclusive, except on the following terms:
  • remain in your residence from __________________ until ___________________ the following day, seven days a week beginning on ___________________________ and ending on ___________, inclusive, except on the following terms:
Exceptions
  • when at regularly scheduled employment, which your supervisor knows about, and travelling to and from that employment by a direct route;
  • when attending a regularly scheduled education program, which your supervisor knows about, or at a school or educational activity supervised by a principal or teacher, and travelling to and from the education program or the activity by a direct route;
  • when dealing with a medical emergency or medical appointments involving you or a member of your household and traveling to and from it by a direct route;
  • when attending a scheduled appointment with your lawyer, your supervisor or a probation officer, and traveling to and from the appointment by a direct route;
  • when attending court at a scheduled appearance or under subpoena, and traveling to and from court by a direct route;
  • when attending a counselling appointment, a treatment program or a meeting of Alcoholics Anonymous or Narcotics Anonymous, at the direction of or with the permission of your supervisor, and traveling to and from that appointment, program or meeting, by a direct route;
  • when attending a regularly scheduled religious service with permission of your supervisor;
  • when making application for employment or attending job interviews, Monday through Friday between the hours of 8 a.m. and 5 p.m. with the permission of your supervisor;
  • when in a residential treatment program if your supervisor is told, in advance, where you will be and you agree that the facility can tell your supervisor if you are there, should your supervisor inquire;
  • for not more than ______________ hours per week, approved in advance by your supervisor, for the purpose of attending to personal needs;
Proof of Compliance
  • Prove compliance with the curfew/house arrest conditions by presenting yourself at the entrance of your residence should your supervisor or a peace officer attend there to check compliance.


RESTITUTION ORDERS:


PROHIBITION ORDERS:

  • You shall be subject to a
  • You shall be subject to a driving prohibition order under s. 259 for a period of _____________ beginning ____________

FORFEITURE ORDERS:

DNA ORDERS:

SOIRA ORDERS:


Model Examinations

Offences

Scenarios

See Also

Voir Dire

Expert Evidence

Other

See Also

Bail

See Also

Introduction

See also: Bail Checklist

Be aware of whether there are any reverse onuses under s. 515(6)(a)to(d).

Form of Hearing

  • Crown states its position on bail, including
    • the grounds upon which detention is being sought, if applicable
    • whether bail is being revoked on other charges
    • whether the Crown is relying upon any reverse onuses under s.515(6)
  • make any requests for publication bans

Officer

<the summary of the offence will be read into the record or the investigating officer will testify to the circumstances of the offence>

Review of Investigation/Allegations
Review of Pending Investigative Steps
Review Ability to Supervise Accused in Community
  • Tell me about what supervision the police can perform to verify accused persons are abiding by their conditions?
  • What can be done to monitor the accused's location in the community?
  • What can be done to monitor internet or mobile phone use?
Consider any Charter Issues
Consider Weaknesses of Case

Surety

Core Biographical Info
  • Your name? (spell last name)
  • Your age? Your date of birth?
  • Where were you born? If not in Canada, are you a Citizen?
Residence
  • Where do you live? What is your address?
  • How long have you lived there?
  • Do you rent or own?
  • What are your prior locations (address, location, duration)?
Professional Circumstances
  • What is your level of education? When was that obtained?
  • What is your current employment? What is your position?
  • What general kind of hours does this work entail? What is your work schedule? How long have you worked there?
Family Circumstances
  • What is your marital status? If married, how long have you been married? If common law, how long have you cohabitated?
  • Who is your partner? What is their profession?
  • Do you have any children? What are their ages? What do they do? Are they in your care?
Criminal Record
  • Do you have a criminal record?
  • Do you have any outstanding charges?
  • Are you a surety for anyone else at the moment?
Pledgable Assets
  • Do you own any residential or commercial property? How much equity is there?
  • Do you own or rent a vehicle? How much equity is in the vehicle?
  • How many bank accounts do you have? What is the balance?
  • Are there any other assets you have access to? What is the total value?
  • Is any of this property or assets pledged to a court or someone else?
  • Are you willing to pledge any amount of these assets to the Court?
  • Are you aware that the property may be forfeited to the Court if there is a breach of release conditions?
  • Are you aware that conditions may take form of reporting requirements, limitations on contact, possession, and movement?
Ability to Supervise
  • As a surety are you aware of your duties as follows:L
    • track the accused's court dates and accompany him to them?
    • ensure that the accused is following his conditions at all times?
    • Contact the police, should they fail to follow them?
  • If the accused is released, is the accused able to stay at your residence?
  • Are the other residents at your place willing to have the accused stay at your place?
  • How often are you free to monitor the accused? How would you monitor him while you are at owrk or otherwise away?
  • Where in your house would the accused reside?
  • Are you able to monitor him to ensure that he does not breach any of his conditions, including:
    • Stay in residence under house arrest/curfew?
    • Not to possess or consume weapons, alcohol, drugs or electronic devices?
  • Are you able to attend court with him? What about escorting him to other things?
  • Are you able to abide by these requirements knowing that trial could be 1 or more years away?
  • Should you need to attend to unplanned court appearances or similar matters while you are at work, are you able to accommodate this?
  • Should you have reason to believe that he breached his conditions are you prepared to call the police?
Knowledge or familiarity of the accused
  • surety's connection to the accused (family, work, acquaintance)
  • how often are you in contact with the accused? In person? How far away do you live?
  • Are you familiar with personal circumstances of accused including
    • drug or alcohol use by accused
    • access to weapons by accused
    • relationship between accused and complainant
  • Do you have a good relationship with the accused? Doe she listen to you and follow your advice?
Aware of seriousness of circumstances
  • outstanding charges
  • significant jail consequences if convicted of charge
  • accused's prior record / aware of risk of future charges
Prior experience as a surety
  • Have you any experience being a surety (generally)?
  • Did the accused comply with those conditions? What were they?
  • Were there any problems that arose while being a surety?

Accused

Core Biographical Info
  • Your name? (spell last name)
  • Your age? Your date of birth?
  • Where were you born? If not in Canada, are you a Citizen?
Residence
  • Where do you live? What is your address?
  • How long have you lived there?
  • Do you rent or own?
  • What are your prior locations (address, location, duration)?
Professional Circumstances
  • What is your level of education? When was that obtained?
  • What is your current employment? What is your position?
  • What general kind of hours does this work entail? What is your work schedule? How long have you worked there?
Family Circumstances
  • What is your marital status? If married, how long have you been married? If common law, how long have you cohabitated?
  • Who is your partner? What is their profession?
  • Do you have any children? What are their ages? What do they do? Are they in your care?
Health
  • Do you have any mental or physical ailments that have been diagnosed by a medical professional?
Criminal Record
  • Are there any errors in the submitted criminal record?
  • Are there any explanations (or mitigating facts) for specific convictions?
  • Do you have any other outstanding charges?
Pledgable Assets
  • Do you own any residential or commercial property? How much equity is there?
  • Do you ownsor rent a vehicle? How much equity is in the vehicle?
  • How many bank accounts do you have? What is the balance?
  • Are there any other assets you have access to? What is the total value?
  • Are you willing to pledge any amount of these assets to the Court?
  • Are you aware that the property may be forfeited to the Court if there is a breach of release conditions?
  • Are you aware that conditions may take form of reporting requirements, limitations on contact, possession, and movement?
Need for Release
  • What are the reasons you need to be released?
Knowledge of familiarity with the surety
  • relationship between accused and complainant
Connection with other jurisdictions
  • do you own any property or assets in another country?
  • do you have any family out of country? Tell me about them.
  • Are you willing to give up you passport to prevent you from leaving the country?

Fire Chief or Fire Marshall

The fire chief or fire marshall is a member of a fire department who is trained in analysing fires and their causes.

Qualification

Areas of Questioning Comments
  • employed with a regional fire department / position of fire chief or similar
  • duration of employment
  • education and training relevant to analysing fires / degree, certificates, or licences received
  • type of work that he or she does relevant to analysing fires
  • past experience as an expert witness / whether he or she was qualified in the past

Foundation of Opinion

Areas of Questioning Comments
  • on <date>, the expert attended the scene of a fire at <location>;
  • time of arrival
  • state of scene and structure when arriving / whether any observable signs of ongoing fire
  • method that the fire was extinguished
  • whether photographs were taken / diagrams made / enter as exhibit and review with witness
  • time of entering / inspecting the scene (may have had to wait for safety reasons)
  • extent of examination / areas examined
  • notable observations:
    • possible site of origin of fire
    • observable burn patterns on inside (e.g. floor, wall, or ceiling) or outside (e.g. walls, roof, neighbouring structures)
  • discovered any items relevant to fire (accelerants, etc.) / seized by police

Opinion

Ask for an opinion with reasons for each of the following points:

Areas of Questioning Comments
  • location of fire's origin (inside vs outside, region of origin) / anything notable about region
  • cause of fire
  • source of fire's oxygen (usually source from outside)
  • whether accelerants were involved / notable signs of "spalling" (strong concentrations of burning)
  • speed of fire's progression / manner in which it would have progressed / where fire went
  • how the fire started / what was ignition
  • likelihood of source being electrical malfunctioning
  • likelihood of caused by accident or negligence such as discarded cigarettes or stove left on
  • likelihood of purely natural causes (lightening)
  • likelihood of a person would have started it intentionally

Voluntariness of Statements of Accused

Proving voluntariness of the accused's statement comes from the evidence of the police officers handling the accused before and during the statement. The evidence should cover the officers interactions and observations with the accused, focusing on the accused's physical and mental state as well as any communications that would suggest inducements to give evidence.

Witnesses used may include:

  • arresting officer
  • officers with incidental contact
  • transporting officers
  • jailers / sherriffs
  • interviewers / monitors
  • officers who strategized the interview
  • experts who can speak to physical or mental symptoms of accused

See Voluntariness for details on the law.

Officers' evidence

Areas of Questioning Comments

Background

  • identify Cst. by name, current rank, jurisdiction, current assignment, duration of employment as a peace officer
  • confirm whether working and on duty on offence date and at offence time / confirm specific assignment at the time
  • officer's training or experience in taking statements from accused

Reason to Come in Contact with Accused

  • confirm that officer made contact with an individual by the name of the accused / confirm if person is in court today
  • determine how officer was able confirm the identity of the accused
  • the cause of the officer coming into contact with accused
  • time when first made contact

Contact with Accused Prior to the Commencement of the Statement at Issue

  • Discuss what happened at initial contact / details on interaction
  • was officer in uniform / was accused informed of identity as police / informed accused of reasons for contact (investigation)
  • total duration of contact with the accused up until the statement
  • conversations between officer and the accused prior to the statement / made note of them
    • in typical practice, what sort of information do you try to elicit or tell to the accused
  • other officers present at the time / who / how long / did they interact with accused
  • conversations between any other officer and the accused prior to the statement / made note of them
Cautions Given
  • Did you give any caution or warning (right caution, police warning, secondary warning) / why or why not? / if so, read verbatim into record
Condition of the Accused Up to Statement
  • what was the accused attitude like at the time?
    • what was his reactions to you?
    • did you see any signs that he had difficultly understanding you?
    • did you see any signs that he had difficultly communicating to you?
    • noted signs of impairment by drug or alcohol
    • noted any signs of physical or mental health issues
    • the anything else of his demeanour / mood / physical condition

Inducements or Oppression

  • prior to the accused statement did offer to do anything for the accused?
  • Was their any request for him to do anything for you?
  • prior to the accused statement did suggest what would happen to the accused?
  • duration of time the accused was left in custody?
  • any requests for food / water / medicine / treatment / heat

Oral Statement

Areas of Questioning Comments
Context of Utterance
  • During the contact with accused did he make any statements to you? / when was the statement made? / were you in uniform at the time?
  • what was your proximity to the accused?
  • was anyone else present?
  • was the statement in response to something said?
  • was the statement in response to something that happened?
  • was the statement spontaneous?
  • [if response to question]
  • what was the question?
  • what did he say in response?
  • [if response to an action]
  • what had occurred to prompt the response?

If Reduced to Writing

  • upon hearing the statement was it recorded in any way? / when / how accurate
  • did accused get a chance to review it? / did he offer the accused to sign it?

Audio Recorded Statement

Areas of Questioning Comments
Context of Utterance
  • During the contact with accused did he make any statements to you?
  • What was the location at time of recording?
  • Was anyone else present?
  • What was said before the recorder was started?

After Playing the Audio Recording in Court

  • authenticate identities of voices in recording
  • authenticate questions recorded as questions that were asked
  • authenticate answers recorded as answers that were asked
  • confirm of time and date of recording
  • confirm there were no edits or breaks in the recording

Video Recorded Statement

Areas of Questioning Comments

Context of Utterance

  • During the contact with accused did he make any statements to you?
  • What was the location at time of recording?
  • Was anyone else present? / Was anyone else monitoring the interview?
  • What was said before the recorder was started?
  • What time was the recorder started?

After Playing the Video in Court

  • authenticate identities of persons in recording
  • authenticate questions recorded as questions that were asked
  • authenticate answers recorded as answers that were asked
  • confirm accuracy of time and date of video
  • confirm there were no edits or breaks in the video

<at the end of the voir dire you may wish to seek to have the evidence of the voir dire apply to the trial proper>

Accused's Evidence

  • whether he knew that he was talking to a police officer
  • whether he knew his statements could be used in court against him
  • the demeanour of the officers
  • officer's willingness to attend to accused's needs
  • whether he was given good, water, clothes, medical attention, blankets, heat, etc.

Impaired

Investigating Officer

See also: Impaired Driving, Over 80 and Refusal (Offence)
Areas of Questioning Comments

Background

  • identify Cst. by name, current rank, jurisdiction, current assignment, duration of employment as a peace officer
  • confirm whether working and on duty on offence date and at offence time / confirm specific assignment at the time
  • officer's training or experience in dealing with impaired drivers

Cause for Contact with Accused

  • confirm that officer made contact with an individual by the name of the accused / confirm if person is in court today
  • how officer first come in contact with accused / reason for stopping accused (pull over, MV collision, response to 911 call)
  • what the officer knew about the accused before making contact
  • time when first made contact / others present with officer at the time / others present with accused at the time
  • Whether the accused was seen driving / time of observation / Make and model of vehicle / Licence plate number
  • Any observations of the manner in which the Accused drove

Contact with accused

  • Discuss what happened at initial contact / details on interaction
  • confirm whether officer informed the accused of reason for stopping them
  • determine how officer was able confirm the identity of the accused
  • the demeanor / mood and physical condition of the accused

Reasonable suspicion for Road-side Demand

  • whether there was a decision to make demand / timing of decision
  • confirm whether the officer formed a reasonable suspicion that
    • the accused was driving and
    • the accused had alcohol in system within last 3 hours
  • review the grounds of suspicion
    • at time of decision to demand what was demeanor / mood and physical condition of accused
    • review signs observed (slurred speech, bloodshot eyes, smell of alcohol from breath/from vehicle, unsteady movements, mumbling, not able to walk straight, falling asleep, poor coordination, etc)
    • review observations of driving (crossing lines, not obey rules of road, headlights off at night)

Making the Demand for roadside test

  • whether the demand was made / wording of demand / timing of demand
  • review any reasons for delays between decision and demand
  • whether the suspect understood the demand, including reasons for this belief

Administering Roadside test

  • discuss officer administering the roadside test
  • review procedure of the test / results / timing of each test
  • review reasons for any delay between the demand and the test / was it most direct route
  • confirm whether the device was an "approved" device
  • conclusion of the results

Reasonable grounds of impairment

  • opinion on whether the accused's ability to operate the vehicle was impaired:
    • belief of accused driving within last 3 hours
    • belief of driving ability affected by impairment
    • belief of impairment due to alcohol

Making the Demand for Breathalyser test

  • made demand / read from card / time of reading
  • signs that the accused understood / accused's answer
  • advised of right to lawyer (10(b) right) / read from card / time of reading
  • was accused arrested / timing of arrest

Accessing counsel, if requested

  • review the steps that the officer took to facilitate access to counsel
  • access to phone was private
  • timing and duration of the phone call

Breath Tech (Over 80 charge)

Areas of Questioning Comments

Background

  • identify Cst. by name, current rank, jurisdiction, current assignment, duration of employment as a peace officer
  • whether he is a qualified breath tech under the Code / when first certified / by whom
  • officer's training as a breath tech
  • officer's experience in dealing with impaired drivers / number of times breath tests been conducted
Occurrence
  • confirm whether working and on duty on offence date and at offence time / confirm specific assignment at the time / whether he was a qualified tech at that time
  • location when first contacted regarding your role in this investigation / if away from station, how long it took to get there
  • circumstances of meeting with suspect / time / who else present
  • ID suspect as accused

Information Provided

  • whether provided with information from investigating officer (time and place of Operation or Care/Ctrl, ID of suspect, Time of ASD test and results, bodily signs of impairment, circumstances suggesting impairment, time of arrest/charter/caution/demand, notified of charges, whether all understood by accused)
  • at first encounter what observations of accused's condition and attitude/demeaour were made

Making the Demand for Breathalyser test

  • whether officer made demand / read from card / time of reading
  • signs that the accused understood / accused's answer
  • advised of right to lawyer (10(b) right) / read from card / time of reading
  • was accused arrested / timing of arrest

Accessing counsel, if requested

  • review the steps that the officer took to facilitate access to counsel
  • access to phone was private
  • timing and duration of the phone call

Breathalyser test

  • whether he used an approved instrument on that day
  • identify the model of instrument / whether it is approved / location of instrument
  • purpose of the instrument

Preparing Instrument for Use

  • whether the officer did anything to prepare the machine for use (see procedure manual or form)
  • whether the device performed any self-check that was observed by the officer
  • whether training procedure was followed
  • what solution was used in preparing the machine / at what point was it deposited in instrument
  • were solutions appropriate for the use of the instrument
  • what temperature of the instrument

Calibration of Machine

  • timing of last calibration / test
  • method of calibrating test (purged with a blank test followed by an external test) / readings given / whether they were in suitable range
  • whether he believed that the device was suitable for use after procedure/preparation

Breath Tests

  • whether officer took any sample of the suspect's breath during this encounter with him
  • used new mouth piece / examined for any obstructions or damage, any found
  • prior to samples demonstrated how to blow / accused appeared to understand
  • time of first sample began, ended and reading / second sample began, ended and reading / third sample began, ended and reading
  • how was each sample given (whether "directly" into the instrument)
  • were you satisfied that the samples were properly taken and suitable for analysis
  • results of reach reading / what quantities and substances do the units express
  • whether all steps were following training

Other Observations

  • throughout the encounter with suspect were there any observations of his demeanor/attitude or condition?

Statements by Accused

  • without going into the content, did the suspect say anything
  • did the officer ask any questions / was the suspect cautioned first / understood caution

<may need voir dire on voluntariness>

  • what questions were asked / what answers were given (read from notes / reports)

Sobriety Tests

  • officer asked suspect to perform dexterity tests / instructions on how to do them / notified of voluntariness of tests and cautioned / suspect understood / suspect chose to do them
  • what tests were undertaken / what were results

Results

  • based on all observations, was an opinion made regarding suspects ability to operate a motor vehicle / what was it / what time was conclusion made
  • when did officer release suspect from custody / to whom
  • preparation of Certificate of Analysis [make certificate an exhibit]
  • preparation of Notice of Intention to Produce
  • contents of both documents were reviewed or verified / were any copies made / by whom
  • were copies given to any one, including investigating officer / what time
  • any conversations with investigating officer regarding documents or suspect
  • any contact with suspect after releasing from officer's custody

Refusal

Breath Tech

Areas of Questioning Comments
  • gave him a warning of requirement of breath demand / timing of demand / reason for any delay
  • gave s.10(b) caution / timing of caution / reason for any delay
  • response to demand and delay / did they understand / was counsel requested
  • steps taken the facilitate access to counsel
  • number of times of attempts / timing of first attempt / and time between each / reason for the delay between samples
  • at time of test what was demeanour / mood; odour of alcohol
  • was he able to provide a sample / refused using what words or behaviour
  • explained to him the consequences of refusal

Attempts

  • gave instructions: put mouth on, create seal, blow hard as long as possible
  • he understood
  • used new mouth piece
  • put mouth on device properly / created seal / blow hard as possible
  • hear sound of breath
  • how much breath is needed
  • reported any physical reason for failing / see any signs supporting this

functionality of the device

  • inspect the mouth piece for obstructions prior to each test
  • did you calibrate of datamaster for alcohol testing

Qualifying Expert

Counsel will attempt to make two qualifications: the dogmaster in the field of interpreting the actions of the dog, and the dog in tracking human scents or drug scents.

Areas of Questioning Comments
  • duration the dogmaster has been member of force / duration the dogmaster has been with dog team / duration the dogmaster has been with <dog>
  • Dogmaster training course / duration / coverings tracking of human scents or drugs
  • prior experience qualified giving evidence in court as dogmaster / prior testimony with current dog
  • dog breed of <dog> / relevance of breed to tracking / ability of breed to track
  • method of tracking / method of communicating
  • whether training is needed / history of training of dog / whether with dogmaster or with others
  • performance on simulated and real cases
  • how dogmaster learns particular communication style of <dog>
  • on-going training / frequency
  • duration <dog> has been tracking / number of investigations used for
  • success rate / false positives

Subject to cross-examination, counsel will then request the dogmaster and dog be qualified as experts.

Methodology

Areas of Questioning Comments
  • how dogmaster communicates to dog (types of signals)
  • how dog communicates with dogmaster (types of signals)
  • dogs ability to follow scents
  • effects of environment (terrain, climate, obstacles, persons etc) / types of distractors
  • possibility of dog losing scent / reasons
  • possibility of dog catching scent of another track that crosses first track

Tracking Evidence

Areas of Questioning Comments
  • dogmaster responds to request for services / time of request
  • time and location that the dog was deployed (use map)
  • commands or signals communicated to the dog
  • response from the dog / interpretation of the response
  • route traveled during tracking (draw on map)
  • whether there were other people discovered during track
  • further signals given to dog during tracking
  • further signals given from dog during tracking
  • any item(s) or person(s) found / identification of person
  • opinion of relevance of item or person found / signals from dog relevant to discovery
  • what happened to item or person