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Latest revision as of 17:45, 3 February 2022
Reference Materials
Topic Index
Volume I: Criminal Law
- Sources of Criminal Law
- Actus Reus and Mens Rea
- Actus Reus: Causation · Duty of Care · Possession
- Mens Rea: Intention · Knowledge and Wilful Blindness · Recklessness
- General Proof of Elements
- Doctrines of Constructive Liability
- Principles of Interpretation
- Constitutional Challenges to Legislation
- Offences
- Terrorism Offences (List of Entities)
- Weapons and Firearms Offences (Persons Exempted From Firearm Offences · Proving the Existence of Firearms and Related Issues)
- Sexual Offences (Online Sexual Offences · Distribution, Making Available, and Making Child Pornography) · Possession and Access of Child Pornography · Disorderly Conduct
- Offences of Violence (Consent to Physical Contact) · Gambling and Gaming · Hate Speech and Libel
- Administration of Justice Offences (Proof of Bodily Substance in Condition Breach Prosecution)
- Property Offences: Fraud-based Offences, Alternative Methods of Theft
- Corruption Offences · Drug Offences (Drug Trafficking)
- Conveyance Offences: Screening for Drugs or Alcohol · Admission of Breath or Blood Sample · Proof of Impairment by Drugs or Alcohol
- Homicide ("Planned and Deliberate" · Murder by Unlawful Act or Object)
- Misc Offences: Piracy and Offences Against Air and Marine Safety · Administration Of Justice · Currency · Firearms · Fraud · Property · Public Order · Person · Terrorism · Sexual And Disorderly Conduct
- Repealed Offences · Miscellaneous
- Misc. Provisions: Powers to Suppress Riots
- Definitions: "Bodily Harm", "Child Pornography", "Dwelling House", Judicial Officers and Offices, General Documents, Legal Documents and Financial Instruments, Parties, Persons, Places and Organizations, "Peace Officers", Terrorism Definitions, "Deceit, Falsehood, or Other Fraudulent Means" · Terms Relating to Transactions and Transferences · "Weapons" · "Firearms", "Prohibited Firearms" · "Restricted Firearms", "non-restricted firearms", "Prohibited Device" and "Ammunition" · Misc Code Definitions.
- Regulatory and Provincial Offences
- Defences
- Intoxication (Limitations on Intoxication Defences) · Automatism · Provocation · Necessity · Duress · Entrapment · Reasonable Excuse · Self-Defence and Defence of Another (Pre-2013) · Defence of Property (Pre-2013) · Officially Induced Error · Acting in Authority · Corrective Force · Accident and Mistake (Mistaken Belief of Age) · Alibi · De Minimus · Due Diligence · Consent (Consent in Sexual Offences · Age of Consent in Sexual Offences · Honest But Mistaken Belief in Consent) · Abandonment · Innocent Possession · Colour of Right
- Offence-specific Defences: Defamatory Libel Defences · Child Pornography Defences (Child Pornography Private Use Defence)
- Appendix
- Offences by Penalty · CDSA Schedules · Table of Concordance · Table of Cases · Criminal Code and Related Definitions · Criminal Code Structure · List of Legislative Amendments (Criminal Code (2000 to present) · Criminal Code (1892 to 1984) · Criminal Code (1984 to 1999) · Failed Amendments · Pending Amendments) · List of Hybrid Offences · List of Straight Indictable Offences · List of Summary Conviction Offences · Offences by Penalty · History of Sexual Offences · Criminal Law in the Canadian Territories · Ministerial Powers Under the CDSA · Criminal Code Forms · Criminal Code Schedules
- Court Membership · List of Appointing Governments
Volume II: Evidence
Basic Principles
- Acceptance of Evidence
- Proving Facts
- Direct Evidence · Circumstantial Evidence · Inferences · Recent Possession · Presumptions (Presumption of Innocence) · Judicial Notice · Admissions of Fact · Analyzing Testimony (Bias, Interest, and Corruption · Weighing Testimony of the Accused · Credibility and Reliability of Child Witnesses) · Corroboration
- Proof of Previous Conviction · Proof of Controlled Substance
Forms of Evidence
- Real Evidence
- Documentary Evidence
- Testimonial Evidence
- Competence and Compellability: Compelling Attendance of Witnesses · Oaths and Affirmations · Competence of Witnesses to Testify · Competence of Children and Witnesses of Diminished Capacity · Spousal Immunity
- Refreshing Memory · Testimonial Aids for Young, Disabled or Vulnerable Witnesses (Witness Screen and Closed-Circuit Video Testimony · Support Person Assisted Testimony · Testimonial Aids for Witnesses at Risk of Harm) · Long Distance Testimonial Aids · Interpreters · Evidence by Commission
- Adverse and Hostile Witnesses
Limits on the Admissibility of Evidence
- Opinion Evidence
- Lay Opinion Evidence
- Expert Evidence: Qualified Expert Evidence · Legal Requirements for Qualified Expert Evidence (Independence, Impartiality and Lack of Bias of Expert Witnesses) · Procedure for Calling Expert Evidence · Evidence Rules · Established Fields of Expert Evidence (Expert Evidence in Drug Trafficking · Expert Evidence in Psychology and Psychiatry)
- Credibility
- Character Evidence
- Hearsay
- Traditional Exceptions (Statutory Hearsay Exception for Victims, Children and Disabled · Statements Against Interest Exception · Res Gestae and Dying Declarations · Past Recollection Recorded · Sworn Testimony Exception to Hearsay · Co-Conspirators Exception to Hearsay · Adoptive and Implied Admissions)
- Principled Exception (Necessity · Reliability)
- Oral Aboriginal History Evidence
- Admissions and Confessions
- Privilege
- Solicitor Client Privilege: Searches Intruding on Solicitor-Client Privilege (including Law Office Searches) · Waiver of Solicitor-Client Privilege · Exceptions to Solicitor-Client Privilege
- Public Interest Privilege (National Defence and Security Privilege) · Litigation Privilege · Settlement Privilege · Informer Privilege · Spousal Privilege · Case-by-Case Privilege · Protection of Journalist Records and Sources
Volume III: Search and Seizure
- Introduction to Search and Seizure
- Fundamental Principles
- Warrantless Searches
- Search by Consent · Search Incident to Investigative Detention · Search Incident to Arrest · Warrantless Search of Abandoned Property · Plain View Search and Seizure · Exigent Circumstances · (Warrantless Entry into Dwellings in Exigent Circumstances) · Entry into Place to Execute an Arrest Warrant · Searches at an International Border
- Warrant Searches
- Applying for Judicial Authorizations · Contents of the ITO (Confidential Informers) · Search Warrant Evidence · Reasonable and Probable Grounds · Standard of Review · Execution of Warrants · Miscellaneous Judicial Authorization Provisions
- Special Search Issues · Searches Intruding on Solicitor-Client Privilege (see above) · Computer-related Search Issues · Sealing and Unsealing Judicial Authorizations
- Types of Warrant
- Section 487 Search Warrants · General Warrants (487.01) · Bodily Samples (including impaired driving, DNA Samples (487.091), Taking of Sample of DNA Under Section 487.056 · Body Print Impression Warrant (487.092), Blood Sample Warrants in Conveyance Investigations) · Obscene Materials Warrant (164), Copying, Deleting and Identifying Data From Computer System Custodians · Gaming House Warrants (199) · Tracking Warrants (492.1) · Warrant for Transmission Data Recorder (492.2) · Firearms Warrants · Hate Propaganda Warrants (320) · Terrorist Propoganda (83.222) · Seizure and Forfeiture of Firearms for Public Safety · CDSA Warrants (11 CDSA) · Foreign Warrants · Telewarrants · Assistance Orders
- Production Orders: General Production Orders · Production Orders for Financial Data · Production Orders for Tracking Data · Trace Specified Communications Production Orders · Transmission Data Production Orders
- Wiretaps (Consent Wiretaps · Third Party Wiretaps · Warrantless Wiretaps · Designated Offences · Admitting Wiretap Evidence · Annual Wiretap Reports)
- Manner of Search: Manner of Authorized Entry into a Dwelling House
Seizure and Forfeiture Powers
- Preservation of Evidence and Property
- Seizure of Property
- Procedure on Seizure of Property · Special Issues for Seizure of Property
- Ancillary Powers Doctrine · Warrantless Overseizure Under Section 489 · Detention Order for Things Seized Under Section 489 or 487.11 (Order of Detention · Extending an Initial Detention Order) · Taking Photographs and Fingerprints of Accused Persons · Inventory Searches · Firearm Seizure Powers · Seizure of Proceeds of Crime · Seizure and Forfeiture of Obscene or Child Pornographic Materials · Return of Things Seized to Lawful Owners · Seizure of Firearms · Warrants to Seize Explosives · Seizure of Bodily Samples · Seizure and Detention of Property under CDSA
- Forfeiture Orders
- Forfeiture of Proceeds of Crime (re Criminal Organizations) · Application for Relief from Proceeds Forfeiture
- Forfeiture of Offence-related Property · Forfeiture of Offence-related Property Under the CDSA · Forfeiture of Things Detained Under Section 490 · Forfeiture of Weapons and Firearms · Forfeiture of Computer-related Property · Fine in Lieu of Forfeiture · Civil Forfeiture · Terrorism Forfeiture Orders · Hate Propaganda Forfeiture Orders
Exclusion of Evidence
Appendix
Volume IV: Procedure and Practice
Arrest, Detention and Release
- Arrest and Detention
- Investigative Detention · Warrantless Arrests (Arrest by a Citizen · Out of Province Warrantless Arrest) · Initial Post-Charge Detention · Continued Detention After Appearing Before a Justice
- Warrant Arrests: Accused Arrest Warrants for Failing to Attend Court · Arrest Warrants for Witnesses · Arrest Warrants for Accused Persons · Out of Province Arrest Warrants
- Reasonable Suspicion
- Procedural Rights
- Arrest Procedure: Right to be Informed of Charges · Right to be Informed of Reasons for Arrest or Detention · Initial Post-Charge Detention · Duty to Deliver Detainee to a Justice Without Unreasonable Delay
- Waiver of Charter Rights · Exclusion of Evidence on Rights Violation · Initial Post-Charge Detention
- Compelling Attendance
- Judicial Interim Release / Bail
- Bail Hearings · Reverse Onus Bail · Grounds for Detention · Bail Hearing Evidence · Sureties and Deposits · Terms of Release · Breach of Release Conditions (Bail Consequences Upon Alleged Misconduct) · Revoking, Terminating, or Replacing Bail or Remand Orders · Estreatment of Recognizance · Bail Pending Appeal · Bail Review · Section 525 Detention Review · Bail for Young Accused · Release on Section 469 Offences (including murder)
The Parties in a Proceeding
- Role of the Crown (Definition of Crown, Prosecutor and Attorney General · Prosecutorial Discretion) · Role of the Defence Counsel · Conflicts of Interest
- Role of Law Enforcement (Authorizations to Commit Illegal Acts)
- Role of the Accused (Sitting Position of the Accused at Trial · Obligation of Accused to be Present During Proceedings) · Role of the Trial Judge (Procedural Powers of a Preliminary Inquiry Judge · Judicial Immunity · Judicial Neutrality and Bias (Reasonable Apprehension of Bias · Role of Court Administration) · Functus Officio)
- Role of the Victim and Third Parties
Disclosure
- Crown Duty to Disclose (Types of First-Party Disclosable Materials · Limitations on Access to Disclosure) · Right to Make Full Answer and Defence · Police Duty to Collect Evidence · Lost or Destroyed Evidence · Disclosure of Third Party Records · Remedy for Breach of Disclosure Obligation · Demand for Particulars · Production Orders · Special Disclosure Issues · Access to Things Detained Under Section 490 · Access to Court-Filed Exhibits
Courts and Charges
- Criminal Courts and Charges
- Public Access to Courts
- Open Court Principle · Public and Media Restrictions (Statutory Publication Ban on Identity Information · Statutory Publication Ban on Evidence · Excluding People From Court) · Publication Bans Relating to Youth Prosecutions · Access to Records Relating to Youth Prosecutions · Access to Court-Filed Exhibits · Sealing and Unsealing Judicial Authorizations
Pre-Hearing Stages
- Initial Court Appearances
- Remote Attendance: In Court of Appeal · By Accused · Judge and Jurors · Witnesses · By Counsel and Others (Counsel Appearing by Telepresence)
- Case Management Hearings
- Applications and Motions Procedure
- Voir Dire · Charter Applications (Charter Remedies) · Adjournments · Publication Bans · Change of Venue · Rule Against Collateral Attacks on Court Orders · Judicial Neutrality and Bias · Summary Dismissal Applications
- Peace Bonds: Forced Marriage · Injury or Damage · Organized Crime · Serious Personal Injury · Sexual Offences · Terrorism Vulnerable Witnesses
- Crown or Judge-Ordered Termination of Proceedings
- Withdraw and Dismissal of Charges · Constitutional Challenges to Legislation · Mistrials · Directed Verdicts ·
- Stay of Proceedings (Charter Remedies): Judicial Stay of Proceedings (Abuse of Process, By Crown Counsel (Prosecutorial Discretion), By Law Enforcement, Abuse Remedies
- Right to a Trial Within a Reasonable Time: Breach Within the Presumptive Ceiling · Defence Delay · Extraordinary Circumstances in Jordan Delay Analysis
- Prerogative Writs and Judicial Review
- Remedies
Substantive Hearings
- Preliminary Inquiry
- Trial Process
- Representation at Trial (Right to Self-Representation · Court Appointed Counsel · Amicus Curae) · Ex Parte Trial Proceedings · Opening and Closing Address · Orders to Exclude Witnesses from Court · Testimonial Evidence · Examinations (Examinations-in-Chief, Cross-Examinations, Re-Direct Examinations) · Rebuttal and Reply · Reopening the Case · Role of the Trial Judge
- Loss of Judge During Proceedings
- Juries
- Juror Eligibility · Procedure · Selection · Right to a Representative Jury · Selecting Jurors From Panel · Peremptory Challenge · Selecting Additional and Alternate Jurors · Challenge to Jury Panel · Challenge for Cause · Instructions (Established Areas of Jury Instruction) · Jury Questions · Discharging a Juror · Jury Deliberations · Special Issues Relating to Jurors
- Trial Verdicts
Mental Health Issues
- Mental Illness
- Assessment for Fitness and Criminal Responsibility · Fitness to Stand Trial · Assessment for Fitness and Criminal Responsibility · Treatment of an Accused Unfit to Stand Trial · Not Criminally Responsible Due to Mental Disorder, Dual Status Offenders, Application for High Risk Designation
- Review Board Detention and Bail, Review Board Disposition Hearings, Review Board Hearing Procedure, Review Board Publication Bans, Review of Review Board, Powers of the Review Board, Appeal of Mental Illness Dispositions, Mental Disorder in Youth Justice
Youth Procedure
Appeals
- Appeals
- Right to Appeal
- Right of Appeal by Accused of Verdicts or Sentences for Indictable Offences · Right of Appeal of Verdicts or Sentences for Summary Offences · Right of Appeal by Accused of Verdicts or Sentences for Indictable Offences · Right of Appeal of Verdicts or Sentences for Summary Offences · Right of Appeal of a Summary Conviction Appeal Decision
- Appeals Relating to Young Persons
- Standard of Review
- Grounds of Appeal from Verdicts: Unreasonable Verdict · Appeal of an Error of Law · Miscarriage of Justice (Ineffective Counsel) · Misapprehension of Evidence · Sufficiency of Reasons
- Grounds of Appeal from Sentence · Appeals Other Than Verdicts or Sentences
- Remedies on Conviction Appeal · Remedies on Acquittal Appeal · Remedies on Sentence Appeal Appellate Powers to Dismiss an Appeal from Conviction
- Appeal Procedure
- Appeals to the Supreme Court of Canada
- Ministerial Review
Appendix
- Definitions · Case Digests · Readings · List of Criminal Code Forms · Misc Procedural Provisions · Official Court Forms
- Precedents and Checklists: Motions Chart · Motions Checklist · Trial Preparation Checklist · Bail Checklist
Volume V: Sentencing
Principles and Factors
- Purpose and Principles of Sentencing
- Enumerated Purposes of Sentencing · Proportionality · Denunication and Deterrence · Totality · Parity Principle · Restraint Principle · Jump, Step and Gap Principles · Aboriginal Offenders · Sentencing Starting Points · Sentencing Ranges
- Aggravating and Mitigating Factors: Sentencing Factors Relating to the Offender (Racial Identity in Sentencing) · Sentencing Factors Relating to the Offence · Sentencing Factors Relating to the Criminal Proceedings · Victims as a Factor in Sentencing · State and Police Misconduct as a Sentencing Factor · Effect of Criminal Records in Sentencing · Position of Trust as a Factor in Sentencing
- Sentencing of Organizations
- Principles by Offence
Tools of Sentencing: Available Sentences
- Alternative Measures: Extrajudicial Measures for Young Offenders · Remediation Agreements
- Sentences: Discharges (Curative Discharges) · Probation Orders (Terms and Conditions · Restitution · Variation of Probation Orders) · Fines · Imprisonment · Conditional Sentences (Terms and Conditions of a Conditional Sentence Order · Conditional Sentence Breaches)
- Concurrent and Consecutive Sentences · Maximum and Minimum Sentences (Statutory Maximum Penalties · Mandatory Minimum Penalties · List of Mandatory Minimum Challenges) · Life Sentences
Tools of Sentencing: Ancillary Orders
- Ancillary Orders
- Ancillary Investigative Orders
- Ancillary Prohibition Orders
- Ancillary Fine and Restitution Orders:
- Forfeiture Orders
Procedure
Serving Sentences and Afterwards
- Serving Sentences · Consequences of Criminal Records After Sentencing (Pardons and Record Suspensions · Immigration Consequences from a Conviction)
- Parole: Application for Parole · Delayed Parole Eligibility · Judicial Review of Parole Ineligibility · Judicial Review of Parole Ineligibility for Murder
- Long-Term and Dangerous Offender Designation:
- Remand Assessment for LTO/DO Applications · List of Dangerous Offender Designated Offences · Requirements for a Long Term Offender Designation · Serious Personal Injury Offences · Consequences of a Long Term Offender Designation · Requirements for a Dangerous Offender Designation · Consequences of a Dangerous Offender Designation · Procedure in a LTO/DO Designation Hearing · Appellate Review of an LTO or DO Designation
Young Offenders
- Youth Criminal Justice · Miscellaneous Authority of a Youth Court Justice
- Procedure for Young Accused · Bail for Young Accused · Defence Election for Young Accused
- Sentencing Young Offenders · Principles and Purposes of Youth Sentencing · Factors of Youth Sentencing · Youth Pre-Sentence Reports
- Dispositions for Young Offenders: Adult Sentences for Young Offenders · Custody and Supervision Orders · Youth Serving Custody Sentences · Youth Probation Orders · Conditional Supervision Order · Concurrent and Consecutive Youth Sentences
Military
Appendix
Full Text By Volume
- Volume 1: Criminal Law (large page)
- Volume 1.1: Offence Profiles (large page)
- Full Text:Volume 1.1A (Terrorism, Organized Crime, Weapons)
- Full Text:Volume 1.1B (Sexual Offences and Disorder Offences)
- Full Text:Volume 1.1C (Violent Offences and Homicide)
- Full Text:Volume 1.1D (Administration of Justice Offences)
- Full Text:Volume 1.1E (Motor Vehicle Offences)
- Full Text:Volume 1.1F (Property Offences and Corruption Offences)
- Full Text:Volume 1.1G (Drug Offences)
- Full Text:Volume 1.1H (Gaming, Hate Speech, Libel, Regulatory)
- Full Text:Volume 1.1I (Repealed and Unconstitutional Offences)
- Full Text:Volume 1.1J (Misc Offences)
- Volume 2: Evidence (large page)
- Volume 3: Search and Seizure (large page)
- Volume 4: Procedure and Practice (large page)
- Full Text:Volume 4A - Police Powers and Bail
- Full Text:Volume 4B - Pre-trial Matters
- Full Text:Volume 4C - Preliminiary Inquiry, Trial and Verdict
- Full Text:Volume 4D - Mental Health
- Full Text:Volume 4E - Appeals
- Volume 5: Sentencing (large page)
- Volume 6: Case Digests (large page)
- Volume 7: Reference Materials (large page)
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.
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1953 to 1970
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1927 to 1955
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See Also
List of Criminal Code Amendments (2000 to 2009)
- < Criminal Law
- < Legislative History
2005 to 2009
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) | |||||
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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) | |||||
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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) | |||||
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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 | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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
|
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) | |||||
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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) | |||||
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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) | |||||
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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)
- List of Criminal Code Amendments (1984 to 1999)
- List of Criminal Code Amendments (1892 to 1984)
List of Criminal Code Amendments (2010 to 2019)
This page was last substantively updated or reviewed January 2020. (Rev. # 79964) |
- < Criminal Law
- < Legislative History
2010 to 2019
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 |
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) | |||||
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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 |
Legislative Backgrounder
|
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) | |||||
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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) | |||||
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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 |
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"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) | |||||
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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 |
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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) | |||||
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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) | |||||
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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) | |||||
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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 |
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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 Amendments (2000 to 2009)
- List of Criminal Code Amendments (1984 to 1999)
- List of Criminal Code Amendments (1892 to 1984)
List of Criminal Code Forms
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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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
Public Order Offences (Part II)
[Pt. II – Offences Against Public Order (ss. 46 to 83)]:
Terrorism Offences (Part II.1)
[Pt. II.1 – Terrorism (ss. 83.01 to 83.33)]
Weapons Offences (Part III)
[Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]
Administration of Justice Offences (Part IV)
[Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]
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 |
---|
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)]
Offences Relating to Conveyances (Part VIII.1)
[Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)]
Property Offences (Part IX)
[Pt. IX – Offences Against Rights of Property (ss. 321 to 378)]
Fraudulent Transactions (Part X)
[Pt. X – Fraudulent Transactions Relating to Contracts and Trade (ss. 379 to 427)]
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)]
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)]
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
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
- Miscellaneous Firearms Offences
- Miscellaneous Offences Against Public Order
- Miscellaneous Administration of Justice Offences
- Miscellaneous Sexual Offences
- Miscellaneous Offences Against the Person
- Miscellaneous Offences Against Property
- Miscellaneous Fraudulent Offences
- Miscellaneous Currency Offences
See also
- Offences by Penalty
- Regulatory and Provincial Offences
- Offences Found to be Unconstitutional
- Repealed Offences
- Sentencing Cases
- Criminal Law Cases
Offences by Penalty
This page was last substantively updated or reviewed April 2022. (Rev. # 79964) |
Offences
See Also
List of Hybrid 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
- Note *: See s. 787 re summary conviction fines
- Note a: : From July 16, 2015 (Tougher Penalties for Child Predators Act, 2015, c. 23 (C-26)), s. 718.3(7) requires sentences for sexual offence committed against children must be served consecutive to sex offences against other children
See Also
- Offences by Penalty
- List of Summary Conviction Offences
- List of Straight Indictable Offences
- List of Offences by Category
List of Hybrid Offences (Previous)
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) |
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 |
- ↑ see Cruel and Unusual Punishment and R v Bissonnette, 2022 SCC 23
- ↑ see Cruel and Unusual Punishment and R v Bissonnette, 2022 SCC 23
Maximum Punishment of Imprisonment for Life
Maximum Punishment is Imprisonment for 14 Years
Maximum Punishment of 10 Years
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
- Offences by Penalty
- List of Hybrid Offences
- List of Summary Conviction Offences
- List of Offences by Category
References
- Note a: : From July 16, 2015 (Tougher Penalties for Child Predators Act, 2015, c. 23 (C-26)), s. 718.3(7) requires sentences for sexual offence committed against children must be served consecutive to sex offences against other children
List of Straight Indictable Offences (Previous)
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) |
Maximum Punishment is Imprisonment for 2 Years Less a Day ("summary conviction")
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
- Guilty Plea Checklist (Google Docs)
- Ontario Legal Aid Guilty Plea Checklist (pdf form)
Precedents
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Templates and Precedents
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
- Precedent - Generic Charter Application
- Precedent - Section 8 Application (Exclusion of Evidence)
- Precedent - Section 9 Application (Exclusion of Evidence)
- Precedent - Section 10(b) Application (Exclusion of Evidence)
- Precedent - Section 11(b) Application (Stay of Proceedings)
- Precedent - Abuse of Process Application (Stay of Proceedings)
- Precedent - Application for a Declaration of Invalidity (Section 7 or 12)
- Precedent - Application for a Stay of Proceedings (Lost Evidence) (Section 7)
- Procedural
- Precedent - Designation of Counsel
- Precedent - Application to Withdraw as Counsel
- Precedent - Application to Withdraw Guilty Plea
- Precedent - Application to Adjourn Trial
- Precedent - Notice of Issues and Witnesses
- Precedent - Application for Joinder
- Precedent - Application for Severance
- Precedent - Application for Change of Venue
- Precedent - Notice of Re-Election
- Precedent - Application for Court-appointed Counsel (Robotham Application)
- Precedent - Order for Cross-Examination Counsel
- Precedent - Application to Quash Charges
- Precedent - Notice to Amend Charges to Conform to Evidence
- Precedent - Application for Publication Ban
- Precedent - Transportation Orders
- Precedent - Custody Orders
- Witnesses
- Disclosure and Records
- Precedent - Disclosure-related Filings
- Precedent - Production Order for Documents
- Precedent - Sexual Offence Matters
- Precedent - Application to Unseal Judicial Authorization
- Precedent - Lavallee Application
- Precedent - Application for Declaration of Waiver of Privilege
- Juries
- Admitting Evidence
- Precedent - Notice to Admit Business Records Under CEA
- Precedent - Financial Document Affidavit Under Section 29 CEA
- Precedent - Notice to Admit Expert Opinion Evidence
- Precedent - Notice to Admit Hearsay Evidence
- Precedent - Notice to Adduce Similar Fact Evidence
- Precedent - Notice to Adjudicate Voluntariness of Accused Statement (not legally required)
- Precedent - Shortcut to Proof
- Precedent - Notice to Admit Preliminary Inquiry Evidence
- Precedent - Notice to Admit Sworn Hearsay Evidence (s. 715)
- Precedent - Notice to Admit Police Statement of Vulnerable Witness (s. 715.1, 715.2)
- Precedent - Notice to Admit Wiretap Evidence
- Precedent - Notice to Adduce Third Party Suspect Evidence
- Precedent - Notice to Adduce Bad Character of Victim
- Precedent - Corbett Application
- Precedent - Notice to Adduce Certified Copy
- Mental Health
- Precedent - Application for Determination of Criminal Responsibility
- Precedent - Application for Determination of Fitness
- Variations
- Property
- Precedent - Detention Order
- Precedent - Extension of Detention Order (One Year or Less)
- Precedent - Extension of Detention Order (Over One Year)
- Precedent - Forfeiture of Property
- Precedent - Application to Return Property
- Sentencing
- Precedent - Section 161 Orders
- Precedent - Section 109 and 110 Weapons Prohibition
- Precedent - Section 380.2 Orders
- Precedent - Vary Sentence Order
- Precedent - Dangerous Offender Determination
- Long-Term and Dangerous Offender
- Precedent - Application for Dangerous Offender Designation
- Precedent - Application for Long-term Offender Order
- Appeals and Reviews
- Consents, waivers and undertakings
- Misc
- Precedent - Crown Letter re Admissions
- Precedent - Counsel Letters
- Precedent - Notice to Appear in Chambers
- Precedent - Brief Cover Pages
- Precedent - Exhibit Cover Pages
- Precedent - Right to Counsel Script
- Court Forms
Investigations
- Search and Seizure
Substantive Precedents
- Bail
- Bail Brief (Generic)
- Bail Release Form (pre-2019 amendments)
- Sentencing
- Disposition Form (Adult) / Disposition Form (Youth)
- Sentencing Brief (Generic)
- Sentencing for Luring Brief
- Sentencing for Fraud Over $5,000
- 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
- Crown File Review Checklist
- Defence File Review Checklist
- Initial Appearance Checklist
- Guilty Plea Checklist
- Trial Preparation Checklist
- Questioning Checklist
- Objections Cheatsheet
- Admissibility Checklist
Charts and Tables
Precedents
Forms
Tools
See Also
- Disposition
Precedent - Appeals
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
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 | ||
---|---|---|
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – 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:
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] [Internal File Coding] | ||
|
Notice of Constitutional Question
NOTICE OF CONSTITUTIONAL QUESTION | ||
---|---|---|
Pursuant to s. of the Criminal Code, this Notice of Application is subject to a Publication Ban.
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – 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:
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] [Internal File Coding] | ||
|
Affidavit
AFFIDAVIT (CHARTER) |
---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
Order
Precedent - Counsel Letters
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:
|
McNeil Application
Undertakings
Undertaking When Disclosing Sensitive Electronically Materials |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
UNDERTAKING 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:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________
_________________________________________
|
Precedent - Exhibit and Brief Cover Pages
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Briefs
Cover of Brief |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
CROWN/ACCUSED/APPLICANT/RESPONDENT BRIEF OF LAW
|
Table of Contents |
TABLE OF CONTENTS
|
Body of Brief |
[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:
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
|
Book Of Authorities
Book of Authorities Cover |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
CROWN/ACCUSED/APPLICANT/RESPONDENT BOOK OF AUTHORITIES
|
Table of Authorities |
TABLE OF AUTHORITIES
|
Precedent - Forfeiture and Estreatment
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Forfeiture
- Precedent - Forfeiture of Property Under Section 490(9)
- Precedent - Forfeiture of Property Under Section 490.1
- Precedent - Forfeiture of Property Under 117.05
- Precedent - Forfeiture Under 164.2
- Precedent - Estreatment Application
Precedent - Generic Application
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) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Reply Notice
REPLY NOTICE OF APPLICATION/MOTION (GENERIC) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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
IN SUPPORT OF THIS POSITION, THE RESPONDENT RELIES ON THE FOLLOWING EVIDENCE:
FOR THE PURPOSE OF THIS APPLICATION, THE RESPONDENT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Evidence Affidavit
AFFIDAVIT (GENERIC) |
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C A N A D A File# ________________ 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:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
Affidavit of Service
Affidavit of Service |
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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:
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.
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Draft Order
DRAFT ORDER (GENERIC) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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___. _____________________________ [Internal File Coding] |
Draft Dismissal Order
DRAFT ORDER OF DISMISSAL (GENERIC) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
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___. _____________________________ [Internal File Coding] |
Precedent - Jury Trial Filings
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
Precedent - Notice to Admit Canada Evidence Act Records
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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE TO TENDER 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:
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___.
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Affidavit
BUSINESS RECORDS AFFIDAVIT |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
(where the records are copies of the original records, but the organization has kept the originals)
(where the original records are attached)
[Internal File Coding] |
Affidavit (No Originals)
BUSINESS RECORDS AFFIDAVIT |
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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 I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Precedent - Notice to Admit Criminal Code Evidence
Precedent - Notice to Amend Charges to Conform to Evidence
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 |
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C A N A D A File# ________________
IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent 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; 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:
THE APPLICANT RELIES ON THE FOLLOW GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Affidavit
AFFIDAVIT |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
Precedent - Procedural Filings
Precedent - Procedural Filings
Precedent - Sexual Offence Matters
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Precedent - Shortcut to Proof
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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Authentication of Production Order Results (487.0192(5))
Affidavit Authenticating Docs in Possession |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Websites
Affidavit Authenticating Webpages |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Google Maps and Streetview
Affidavit Authenticating Webpages |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Precedent - Transportation Orders
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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER of an Application under section 527 of the Criminal Code 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
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Affidavit
AFFIDAVIT (TRANSPORT) |
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C A N A D A File# ________________
– and – BETWEEN:
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
Draft Order
DRAFT TRANSPORT ORDER / PICKUP ORDER |
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C A N A D A File# ________________
– and – BETWEEN:
ORDER TO TRANSPORT A PRISONER 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___. _____________________________ [Internal File Coding] |
Videoconference
DRAFT TRANSPORT ORDER / PICKUP ORDER |
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C A N A D A File# ________________
– and – BETWEEN:
ORDER TO TRANSPORT A PRISONER 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___. _____________________________ [Internal File Coding] |
Precedent - Unsealing Authorizations
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
Application to Unseal Court Records | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
- and - NOTICE OF APPLICATION 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
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding] |
Affidavit
Affidavit | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
- and - AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Order
Order | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
- and - ORDER 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:
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
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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION TO QUASH 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
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Affidavit
AFFIDAVIT (GENERIC) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
Precedent - Vary Release or Sentence Order
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
NOTICE OF APPLICATION |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent 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
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
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] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Affidavit
AFFIDAVIT |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Sentencing Brief (Generic)
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Briefs
Cover of Brief | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
CROWN/ACCUSED SENTENCING BRIEF | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Table of Contents | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
TABLE OF CONTENTS(e)
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Body of Brief | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
[X] On [date], the accused [plead/was found] guilty to the commission of the following offence(s) between [date]. Specifically that he did:
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:
[X] The terms of the conditional sentence order should be as follows:
[X] The terms of the probation order should be as follows:
[X] The terms of the ancillary orders should be as follows:
[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:
A. Circumstances of the Offence [X] The agreed facts for the purpose of sentencing are as follows:
[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. B. Personal Circumstances
[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. [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:
[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):
[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).
[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. [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.
[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):
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:
[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:
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:
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:
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:
[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]
[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:
[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:
[X] On a given case, the sentencing judge should consider factors including:
[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:
[X] In our case, it is submitted that ... [X] A. Purpose of Criminalization of Conduct [X] B. Objectives to be Emphasized [X] C. Range of Sentence [X]
[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] [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:
[X] Justice Moldaver described the importance of having a high threshold to reject a joint recommendation:
[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:
[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.
[X]
[X]
[X] A.1. Availability of Discharges [X]
[X]
[X] A. Gravity of the Offence [X] B. Circumstances of the Offender [X] 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:
A.1. Fine-in-Lieu of Restitution Orders [X] The
[X] The meaning of "designated offence" is defined in s. 462.3 as:
[X]
[X]
[X]
[X] It is permissible for the court to make an order of restitution
[X]
B. Forfeiture Orders [X] C. DNA Orders [X] D. SOIRA Orders [X] [X] Based on the foregoing and as supplemented by oral submissions, the [Crown / defence] beleieve a fit and proper sentence is as follows:
[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___.
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PART X: TABLE OF AUTHORITIES(e)
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Sentencing for Fraud Over $5,000 Brief
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
CROWN/ACCUSED SENTENCING BRIEF |
Table of Contents |
TABLE OF CONTENTS(e)
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Body of Brief |
[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.
[X] Where there is a relationship of rust he need for custody is even greater.
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:
[X] There are also cases from elsewhere in Canada including the following:
[X] The recommended sentence presented here is in light of cases from within the province: [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:
[X] Section 380.1 directs the sentencing judge to consider further circumstances for certain fraud-related offences:
[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]. ...
[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
[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.
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)
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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 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
CROWN/ACCUSED SENTENCING BRIEF |
Table of Contents |
TABLE OF CONTENTS(e)
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Body of Brief |
The purpose behind the criminalization of the conduct captured by the offence was described in R v Legare, where Justice [name] stated the following:
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
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Table of Authorities |
PART X: TABLE OF AUTHORITIES(e)
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Bail Brief (Generic)
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Briefs
Cover of Brief |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
CROWN/ACCUSED SHOW CAUSE BRIEF |
Table of Contents |
Body of Brief |
[X] On [date], the accused was charged with the commission of the following offence(s) between [date]. Specifically that he did:
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. ALL OF WHICH IS RESPECTFULLY SUBMITTED DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Table of Authorities |
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Objections Cheatsheet
Checklist
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Admissibility Checklist
All Evidence
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Hearsay
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Prior Statement of Accused
- ☐ is it excludable as a prior consistent statement
Disreputable Conduct
Documentary Evidence
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Images and Video
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Relevance and Materiality
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Credibility and Reliability
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Application to Cross-Examine Witness
- 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.
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 | |
"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
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
List
Form 1 to 5.3
Form 6 to 30
Form 31 to 54
See Also
Misc Procedural Provisions
Part II
- 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.
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.
Precedents and Checklists
Note that format and content requirements vary between jurisdictions. See Rules of Court.
Checklists
- Crown File Review Checklist
- Defence File Review Checklist
- Initial Appearance Checklist
- Guilty Plea Checklist
- Trial Preparation Checklist
- Questioning Checklist
- Objections Cheatsheet
- Admissibility Checklist
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
Witness Preparation
|
Preparing Client (Defence Only)
|
Pre-Trial Applications (Non-Charter)
|
Notices
Legally required notices are in bold
|
|
Crown Request for Concessions
Exhibits
|
|
Trial Counsel's Materials
|
|
At Court Preparation
Witnesses
|
Preliminary Inquiry
|
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
- http://www.mcle.org/includes/pdf/1960301B00_S.pdf
- http://www.pdsdc.org/Resources/summerseries/SS06142011/DevelopingTheory.pdf
- http://ambrosecriminallawblog.com/category/cross-examination-science-and-techniques-by-pozner-dodd/page/3/
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
|
- ↑ Unless relating to terrorism or crim. org.
- ↑ Some jurisdictions have invalidated the minimum
- ↑ http://canada.justice.gc.ca/eng/rp-pr/cj-jp/ccr-rc/pmj-pej/pmj-pej.pdf
- ↑ 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]
- ↑ Production of Records for Sexual Offences
Defence File Review Checklist
File Review
|
Draft Informations and Indictments
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
- (Form 2)
INFORMATION |
---|
FORM 2 (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 [LIST OF ALL CHARGES] Sworn or affirmed before me this ___________ day of ___________, A.D. ___________, at ___________. ______________________ 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)
IN THE [SUP. LEVEL OF COURT] OF [PROVINCE] HIS MAJESTY THE KING against [NAME OF ACCUSED PERSON 1] [NAME OF ACCUSED 1] of [ADDRESS] in the county of [Region] and [NAME OF ACCUSED 2] of [ADDRESS] in the county of [Region]
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 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].
(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].
A translation into french of the details contained in this document may be obtained upon request. |
REVERSE OF INDICTMENT |
C A N A D A IN THE [name of superior court] OF [PROVINCE, french] HIS MAJESTY THE KING against [ACCUSED 1] INDICTMENT Present: The Honourable
|
Bail Checklist
Initial Steps
- ☐ 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
- ↑ R v Adem, 2018 ABCA 333 (CanLII), per curiam (3:0)
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
- Assault-based Offences
- Impaired Driving and Over 80
- Drug Impaired Driving
- Peer-to-Peer Investigation
- Sexual Assault
Scenarios
- Basic Elements of Proof
- Eye-witnesses
- Expert Qualification
- Computer Forensic Analyst
- Medical Experts
See Also
Voir Dire
Expert Evidence
- Fire Experts (Model Examinations)
- Dog Tracking Experts (Model Examinations)
- Computer Forensic Analyst (Model Examinations)
Other
See Also
Bail
See Also
Introduction
Be aware of whether there are any reverse onuses under s. 515(6)(a)to(d).
Form of Hearing
|
Officer
<the summary of the offence will be read into the record or the investigating officer will testify to the circumstances of the offence>
|
Surety
|
|
Accused
|
|
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 |
---|---|
|
Foundation of Opinion
Areas of Questioning | Comments |
---|---|
|
Opinion
Ask for an opinion with reasons for each of the following points:
Areas of Questioning | Comments |
---|---|
|
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
Reason to Come in Contact with Accused
Contact with Accused Prior to the Commencement of the Statement at Issue
Inducements or Oppression
|
Oral Statement
Areas of Questioning | Comments |
---|---|
If Reduced to Writing
|
Audio Recorded Statement
Areas of Questioning | Comments |
---|---|
After Playing the Audio Recording in Court
|
Video Recorded Statement
Areas of Questioning | Comments |
---|---|
Context of Utterance
After Playing the Video in Court
|
<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
Areas of Questioning | Comments |
---|---|
Background
Cause for Contact with Accused
Contact with accused
Reasonable suspicion for Road-side Demand
Making the Demand for roadside test
Administering Roadside test
Reasonable grounds of impairment
Making the Demand for Breathalyser test
Accessing counsel, if requested
|
Breath Tech (Over 80 charge)
Areas of Questioning | Comments |
---|---|
Background
Information Provided
Making the Demand for Breathalyser test
Accessing counsel, if requested
Breathalyser test
Preparing Instrument for Use
Calibration of Machine
Breath Tests
Other Observations
Statements by Accused
<may need voir dire on voluntariness>
Sobriety Tests
Results
|
Refusal
Breath Tech
Areas of Questioning | Comments |
---|---|
Attempts
functionality of the device
|
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 |
---|---|
|
Subject to cross-examination, counsel will then request the dogmaster and dog be qualified as experts.
Methodology
Areas of Questioning | Comments |
---|---|
|
Tracking Evidence
Areas of Questioning | Comments |
---|---|
|
- Administrative
- Criminal Law
- Level One
- Legislative History
- Level Zero
- Procedure and Practice
- 1985, c. C-46
- 1985, c. 27 (1st Supp.)
- 1999, c. 3
- 1999, c. 5
- 2014, c. 31
- 1998, c. 37
- 2002, c. 1
- 2005, c. 25
- 2007, c. 22
- 2012, c. 1
- 2014, c. 25
- 2018, c. 16
- 2018, c. 21
- 2019, c. 25
- 2022, c. 17
- 1997, c. 39
- 2002, c. 13
- 1994, c. 44
- 1997, c. 18
- 1992, c. 1
- 1999, c. 25
- 1997, c. 30
- 1995, c. 22
- 2009, c. 29
- 1993, c. 45
- 2015, c. 13
- 2005, c. 10
- 2004, c. 12
- 1991, c. 43
- 2005, c. 22
- 2011, c. 7
- 2015, c. 20
- 2004, c. 10
- 2010, c. 17
- 2013, c. 24
- Sentencing
- Offences
- Offences Punishable on Summary Conviction
- Offences with Maximum Penalty of 2 Years Less a Day
- Offences with Maximum Penalty of 14 Years
- Offences by Penalty
- 2018, c. 29
- Precedent
- Forms
- 1976-77, c. 53
- Definitions
- Bail
- Model Examinations
- Evidence