Proof of Impairment by Drugs (Prior to December 13, 2018) and Miscellaneous Offences Against Public Order: Difference between pages

Revision as of 04:10, 25 January 2019

< Criminal Law/Sentencing
< Offences

Treason

High treason

46. (1) Every one commits high treason who, in Canada, (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

(b) levies war against Canada or does any act preparatory thereto; or

(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

Treason

(2) Every one commits treason who, in Canada,

(a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

(b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

(c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

(d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

(e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

Canadian citizen

(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

(a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

(b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

Overt act

(4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.
R.S., c. C-34, s. 46; 1974-75-76, c. 105, s. 2.

– CCC

Punishment for high treason
47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Punishment for treason

(2) Every one who commits treason is guilty of an indictable offence and liable

(a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);

(b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or

(c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.

Corroboration

(3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

Minimum punishment

(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
R.S., c. C-34, s. 47; 1974-75-76, c. 105, s. 2.

– CCC

Limitation

48. (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.
Information for treasonable words
(2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

(a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and

(b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

R.S., c. C-34, s. 48; 1974-75-76, c. 105, s. 29.

– CCC

Procedure

581 (1) ...

Indictment for treason

(4) Where an accused is charged with an offence under section 47 or sections 49 to 53, every overt act that is to be relied on shall be stated in the indictment.
...
R.S., 1985, c. C-46, s. 581; R.S., 1985, c. 27 (1st Supp.), s. 118.

– CCC

Penalty

Sentence of life imprisonment
745 Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

(a) in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

...
R.S., 1985, c. C-46, s. 745; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 14; 1992, c. 51, s. 39; 1995, c. 22, s. 6; 2000, c. 24, s. 46.

– CCC

Alarming Her Majesty

Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,

(a) does an act with intent to alarm Her Majesty or to break the public peace, or

(b) does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 49.

– CCC

Assisting an Alien Enemy or Omitting to Prevent Treason

Assisting alien enemy to leave Canada, or omitting to prevent treason
50. (1) Every one commits an offence who

(a) incites or wilfully assists a subject of
(i) a state that is at war with Canada, or

(ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

(b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 50; 1974-75-76, c. 105, s. 29.

– CCC

Intimidating Parliament or a Legislature

Intimidating Parliament or legislature
51. Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 51.

– CCC

Sabotage

Sabotage

52. (1) Every one who does a prohibited act for a purpose prejudicial to

(a) the safety, security or defence of Canada, or

(b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Definition of “prohibited act”
(2) In this section, “prohibited act” means an act or omission that

(a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or

(b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

Saving

(3) No person does a prohibited act within the meaning of this section by reason only that

(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

Idem

(4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.
R.S., c. C-34, s. 52.

– CCC

Mutiny and Deserting

Inciting to mutiny

53. Every one who

(a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

(b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 53.

– CCC

Assisting deserter

54. Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.
R.S., c. C-34, s. 54.

– CCC

Evidence of overt acts
55. In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.
R.S., c. C-34, s. 55.

– CCC

Offences in relation to members of R.C.M.P.
56. Every one who wilfully

(a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

(b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

(c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 56; R.S., 1985, c. 27 (1st Supp.), s. 8.

– CCC

Identity Document Offences

Identity documents

56.1 (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

For greater certainty

(2) For greater certainty, subsection (1) does not prohibit an act that is carried out

(a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;

(b) for genealogical purposes;

(c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

(d) for a legitimate purpose related to the administration of justice.

Definition of “identity document”
(3) For the purposes of this section, “identity document” means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

Punishment

(4) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) is guilty of an offence punishable on summary conviction.

2009, c. 28, s. 1.

– CCC

Forgery of or uttering forged passport
57. (1) Every one who, while in or out of Canada,

(a) forges a passport, or

(b) knowing that a passport is forged
(i) uses, deals with or acts on it, or

(ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
False statement in relation to passport
(2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

Possession of forged, etc., passport
(3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Special provisions applicable

(4) For the purposes of proceedings under this section,

(a) the place where a passport was forged is not material; and

(b) the definition “false document” in section 321, and section 366, apply with such modifications as the circumstances require.

Definition of “passport”
(5) In this section, “passport” has the same meaning as in section 2 of the Canadian Passport Order.

Jurisdiction

(6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.
Appearance of accused at trial
(7) For greater certainty, the provisions of this Act relating to

(a) requirements that an accused appear at and be present during proceedings, and

(b) the exceptions to those requirements,

apply to proceedings commenced in any territorial division pursuant to subsection (6).
R.S., 1985, c. C-46, s. 57; R.S., 1985, c. 27 (1st Supp.), s. 9; 1992, c. 1, s. 60(F); 1994, c. 44, s. 4; 1995, c. 5, s. 25; 2013, c. 40, s. 174.

– CCC

Fraudulent use of certificate of citizenship
58. (1) Every one who, while in or out of Canada,

(a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

(b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Definition of “certificate of citizenship” and “certificate of naturalization”
(2) In this section, “certificate of citizenship” and “certificate of naturalization”, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.
R.S., c. C-34, s. 59; 1974-75-76, c. 108, s. 41.

– CCC

Sedition

Sedition

Seditious words

59. (1) Seditious words are words that express a seditious intention.

Seditious libel

(2) A seditious libel is a libel that expresses a seditious intention.

Seditious conspiracy

(3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

Seditious intention

(4) Without limiting the generality of the meaning of the expression “seditious intention”, every one shall be presumed to have a seditious intention who

(a) teaches or advocates, or

(b) publishes or circulates any writing that advocates,

the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.
R.S., c. C-34, s. 60.

Exception

60. Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

(a) to show that Her Majesty has been misled or mistaken in her measures;

(b) to point out errors or defects in
(i) the government or constitution of Canada or a province,

(ii) Parliament or the legislature of a province, or

(iii) the administration of justice in Canada;

(c) to procure, by lawful means, the alteration of any matter of government in Canada; or

(d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

R.S., c. C-34, s. 61.
Punishment of seditious offences
61. Every one who

(a) speaks seditious words,

(b) publishes a seditious libel, or

(c) is a party to a seditious conspiracy,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 62.
Offences in relation to military forces
62. (1) Every one who wilfully

(a) interferes with, impairs or influences the loyalty or discipline of a member of a force,

(b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or

(c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Definition of “member of a force”
(2) In this section, “member of a force” means a member of

(a) the Canadian Forces; or

(b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

R.S., c. C-34, s. 63.

– CCC

Unlawful Drilling

Unlawful Drilling
Orders by Governor in Council
70. (1) The Governor in Council may, by proclamation, make orders

(a) to prohibit assemblies, without lawful authority, of persons for the purpose
(i) of training or drilling themselves,

(ii) of being trained or drilled to the use of arms, or

(iii) of practising military exercises; or

(b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.

General or special order
(2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.

Punishment

(3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F).

– CCC

Offences Relating to Radioactive Materials

Possession, etc., of nuclear material, radioactive material or device
82.3 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.
2013, c. 13, s. 5.
Use or alteration of nuclear material, radioactive material or device
82.4 Everyone who, with intent to compel a person, government or international organization to do or refrain from doing any act, uses or alters nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.
2013, c. 13, s. 5.
Commission of indictable offence to obtain nuclear material, etc.
82.5 Everyone who commits an indictable offence under this or any other Act of Parliament, with intent to obtain nuclear material, radioactive material or a device or to obtain access to a nuclear facility, is guilty of an indictable offence and is liable to imprisonment for life.
2013, c. 13, s. 5.

Threats

82.6 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.
2013, c. 13, s. 5.

Armed forces

82.7 For greater certainty, sections 82.3 to 82.6 do not apply to an act that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.
2013, c. 13, s. 5.

– CCC

s. 2
...
nuclear facility means

(a) any nuclear reactor, including a reactor installed on a vessel, vehicle, aircraft or space object for use as an energy source in order to propel the vessel, vehicle, aircraft or space object or for any other purpose, and

(b) any plant or conveyance used for the production, storage, processing or transport of nuclear material or radioactive material;

nuclear material means

(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 that is greater than 80%,

(b) uranium-233,

(c) uranium containing uranium-233 or uranium-235 or both in an amount such that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72%,

(d) uranium with an isotopic concentration equal to that occurring in nature, except uranium in the form of ore or ore-residue, and

(e) any substance containing any material described in paragraphs (a) to (d);

...
"radioactive material" means any material that emits one or more types of ionizing radiation, such as alpha or beta particles, neutrons and gamma rays, and that is capable of, owing to its radiological or fissile properties, causing death, serious bodily harm or substantial damage to property or the environment;
...

– CCC

Definition of device

82.2 For the purposes of sections 82.3 to 82.5, device means any of the following:

(a) a nuclear explosive device;

(b) a device that disperses radioactive material;

(c) a device that emits ionizing radiation and that is capable of causing death, serious bodily harm or substantial damage to property or the environment.

2013, c. 13, s. 5.

– CCC

Prize Fights

Engaging in prize fight
83. (1) Every one who

(a) engages as a principal in a prize fight,

(b) advises, encourages or promotes a prize fight, or

(c) is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter,

is guilty of an offence punishable on summary conviction.
Definition of “prize fight”
(2) In this section, “prize fight” means an encounter or fight with fists, hands or feet between two persons who have met for that purpose by previous arrangement made by or for them, but does not include

(a) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport is on the programme of the International Olympic Committee or the International Paralympic Committee and, in the case where the province’s lieutenant governor in council or any other person or body specified by him or her requires it, the contest is held with their permission;

(b) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport has been designated by the province’s lieutenant governor in council or by any other person or body specified by him or her and, in the case where the lieutenant governor in council or other specified person or body requires it, the contest is held with their permission;

(c) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province with the permission of the province’s lieutenant governor in council or any other person or body specified by him or her; and

(d) a boxing contest or mixed martial arts contest held in a province with the permission or under the authority of an athletic board, commission or similar body established by or under the authority of the province’s legislature for the control of sport within the province.

R.S., 1985, c. C-46, s. 83; R.S., 1985, c. 27 (1st Supp.), s. 186; 2013, c. 19, s. 1.

– CCC

Violation of a Freezing Order re Terrorism Offences

Offences — freezing of property, disclosure or audit
83.12 (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

(a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or

(b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

(2) [Repealed, 2013, c. 9, s. 5]
2001, c. 41, s. 4; 2013, c. 9, s. 5.

– CCC

Repealed OFfences Against Public Order

Dueling

~~Duels~~
~~Duelling~~
~~71. Every one who~~
(a) challenges or attempts by any means to provoke another person to fight a duel,

(b) attempts to provoke a person to challenge another person to fight a duel, or

(c) accepts a challenge to fight a duel,
~~is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.~~
~~R.S., c. C-34, s. 72.~~

– CCC

Repealed December 13, 2018 (See List of Criminal Code Amendments)

Revision as of 04:10, 25 January 2019

Treason

Alarming Her Majesty

Assisting an Alien Enemy or Omitting to Prevent Treason

Intimidating Parliament or a Legislature

Sabotage

Mutiny and Deserting

Identity Document Offences

Sedition

Unlawful Drilling

Offences Relating to Radioactive Materials

Prize Fights

Violation of a Freezing Order re Terrorism Offences

Repealed OFfences Against Public Order

Dueling

See Also