Full Text:Volume 7

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
  • Identity · Time and Place · Continuity · Ownership · Criminal Organizations · Eyewitness Identification
• Doctrines of Constructive Liability
  • Parties to an Offence · Accessory After the Fact · Recent Possession · Included Offences · Attempts · Counselling · Conspiracy · Lesser Included Offences · Liability of Organizations
• Principles of Interpretation
  • Interpreting Legislative Amendments · Stare Decisis · Criminal Code and Related Definitions · List of Criminal Code Amendments
• Constitutional Challenges to Legislation
  • Principles of Fundamental Justice · Cruel and Unusual Punishment · Justifiable Limitations on Rights · Offences Found to be Unconstitutional
• Offences
  • Terrorism Offences · Weapon Offences · Sexual Offences (Online Sexual Offences) · Disorderly Conduct · Offences of Violence · Gambling and Gaming · Hate Speech and Libel · Administration of Justice Offences · Property Offences · Corruption Offences · Drug Offences (Drug Trafficking)
  • Motor Vehicle Offences (Refusal to Give a Sample · Breath Sample Demand · Reasonable Grounds Under Section 254(3) · Presumption of Identity Under Section 258 · Forthwith Under Section 254 · Screening Device · Operation, Care or Control of a Vehicle · Proof of Blood Alcohol Levels · Proof of Impairment by Alcohol · Proof of Impairment by Drugs)
  • Homicide ("Planned and Deliberate" · Murder by Unlawful Act or Object)
  • Repealed Offences
  • 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
  • Employer Liability Offences · Liability of Organizations · Due Diligence
• Defences
  • Intoxication · 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) · 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 List of Legislative Amendments (Criminal Code (2000 to present) · Criminal Code (1892 to 1984) · Criminal Code (1984 to 1999)) · List of Hybrid Offences · List of Straight Indictable Offences · List of Summary Conviction Offences · Offences by Penalty

Volume II: Evidence

• Introduction to Evidence

Basic Principles

• Acceptance of Evidence
  • Discretionary Exclusion of Evidence · Standard of Proof (Beyond a Reasonable Doubt) · Burden of Proof
• Proving Facts
  • Direct Evidence · Circumstantial Evidence · Inferences · Recent Possession · Presumptions (Presumption of Innocence) · Judicial Notice · Admissions of Fact · Analyzing Testimony (Bias, Interest, and Corruption in Assessing Credibility · 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
  • Demonstrative Evidence
• Documentary Evidence
  • Public and Judicial Documents · Private Documents · Business Records (Under Common Law · Evidence Act) · Financial Institution Records · Electronic Documents and Records · Best Evidence Rule
• 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 · 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 (Established Fields of Expert Evidence · Expert Evidence in Drug Trafficking · Expert Evidence in Psychology and Psychiatry)
• Credibility
  • Collateral Fact Rule · Prior Consistent Statements · Prior Inconsistent Statements · Post-Offence Conduct · Criminal Record · Disreputable and Unsavoury Witnesses
• Character Evidence
  • Character of Accused · Character of Non-Accused Persons · Similar Fact Evidence · Alternative Suspect Evidence · Complainant's Sexual History · Corbett Application
• Hearsay
  • Traditional Exceptions (Statutory Hearsay Exception for Victims, Children and Disabled · Statements Against Interest Exception · Res Gestae and Dying Declarations · Past Recollection Recorded · Previously Sworn Testimony Exception to Hearsay · Co-Conspirators Exception to Hearsay · Adoptive and Implied Admissions)
  • Principled Exception (Necessity · Reliability)
• Admissions and Confessions
  • Admissions · Confessions · Voluntariness · Right Against Self-Crimination · Confessions by Young Persons · Admissions from Mr Big Operations
• Privilege
  • Solicitor Client Privilege · Public Interest 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
  • Rights Against Search and Seizure · Reasonable Expectation of Privacy · Established Areas of Privacy · General Police Powers to Intrude · Manner of Search

• 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

• 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 ·
  • Special Search Issues · Searches Intruding on Solicitor-Client Privilege (including Law Office Searches) · 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) · Body Print Impression Warrant (487.092)) · Obscene Materials Warrant (164) · Gaming House Warrants (199) · Tracking Warrant (492.1) · Warrant for Transmission Data Recorder (492.2) · Firearms Warrants · Hate Propaganda Warrants (320) · Terrorist Propoganda (83.222) · CDSA Warrants (11 CDSA) · Foreign Warrants · Telewarrants
  • 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)

Seizure and Forfeiture Powers

• Preservation of Evidence and Property
  • Preservation Demands and Orders: Revocation or Variation of a Proceeds Restraint Order
  • Restraint of Offence-related Property
• Seizure of Property
  • Ancillary Powers Doctrine · Warrantless Seizure Under Section 489 · Detention Order for Things Seized Under Section 489 or 487.11 · 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
• Forfeiture Orders
  • Forfeiture of Proceeds of Crime · 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

• Waiver of Charter Rights · Exclusion of Evidence Under Section 24(2) of the Charter

Appendix

• Judicial Authorization Chart · ITO Drafting Checklist · Case Digests

Volume IV: Procedure and Practice

• Introduction to Procedure and Practice

Arrest, Detention and Release

• Arrest and Detention
  • Investigative Detention · Warrantless Arrests (Arrest by a Citizen) · 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 Warrant for Breach of Court Orders · 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
    • Right to Counsel: Informational Component to Right to Counsel · Implementation Component to Right to Counsel · Right to Additional Opportunities to Consult with Counsel · Right to Choice of Counsel
  • Waiver of Charter Rights · Exclusion of Evidence on Rights Violation · Initial Post-Charge Detention
• Compelling Attendance
  • Compelling Attendance by Accused Without Arrest · Warrantless Arrests and Warrant Arrests · Laying of an Information · Issuing Process · Release by Police · Procuring the Attendance of a Prisoner · Transfer of Matters to Other Provinces or Territories
• Judicial Interim Release / Bail
  • Bail Hearings · Grounds for Detention · Sureties and Deposits · Terms of Release · Breach of Release Conditions · Bail Revocation and Termination · Estreatment of Recognizance · Bail Pending Appeal · Bail Review · Bail for Young Accused
• Extradition

The Parties in a Proceeding

• Role of the Crown (Prosecutorial Discretion) · Role of the Defence Counsel · Conflicts of Interest · Role of Law Enforcement · Role of the Accused (Sitting Position of the Accused at Trial) · Role of the Trial Judge (Procedural Powers of a Preliminary Inquiry Judge · Judicial Immunity · Judicial Neutrality and Bias · Functus Officio) · Role of the Victim and Third Parties · Counsel Appearing by Telepresence

Disclosure

• Crown Duty to Disclose (Types of Disclosable Materials · Limitations on Access to Disclosure) · 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
  • Criminal Courts · Jurisdiction of the Courts (Extra-Territorial Jurisdiction of the Courts · Special Jurisdiction for Offences Over Water) · Procedure for Young Accused · Rules of Court

• Informations and Indictments
  • Laying of an Information · Direct Indictments · Form and Content of Charges · Joinder and Severance of Charges · Amendments to Charges
• Private Prosecutions
• Types of Offences

• Public Access to Courts
  • Open Court Principle · Public and Media Restrictions (Statutory Publication Ban on Court Proceedings · 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
  • Arraignment and Plea (Plea of Not Guilty and Other Pleas) · Election (Crown Election · Defence Election · Defence Re-Election) · Choice of Language
• Case Management Hearings
• Applications and Motions Procedure
  • Voir Dire · Charter Applications · Adjournments · Publication Bans · Change of Venue · Rule Against Collateral Attacks on Court Orders · Judicial Neutrality and Bias
  • Peace Bonds: Forced Marriage · Injury or Damage · Organized Crime · Serious Personal Injury · Sexual Offences · Terrorism
• Crown or Judge-Ordered Termination of Proceedings
  • Withdraw and Dismissal of Charges · Constitutional Challenges to Legislation · Mistrials · Directed Verdicts · Stay of Proceedings (Abuse of Process, By Crown Counsel (Prosecutorial Discretion), By Law Enforcement, Abuse Remedies · Right to a Trial Within a Reasonable Time (Reasons for Delay)
• Prerogative Writs and Judicial Review
  • Mandamus, Certiorari, and Prohibition · Habeas Corpus
• Remedies
  • Costs

Substantive Hearings

• Preliminary Inquiry
  • Electing a Preliminary Inquiry · Preliminary Inquiry Evidence · Air of Reality Test · Procedural Powers of a Preliminary Inquiry Judge · Order of Committal to Stand Trial
• Trial Process
  • Representation at Trial · 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 · Discharging a Juror · Special Issues Relating to Jurors
• Trial Verdicts
  • Analyzing Testimony (Weighing Testimony of the Accused · Credibility of Complainants or Victims‎‎ · Credibility and Reliability of Child Witnesses) · Kienapple Principle · Directed 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
  • Review Board Detention and Bail, Review Board Disposition Hearings, Review Board Hearing Procedure, Review Board Publication Bans, Review of Review Board

Youth Procedure

• Procedure for Young Accused · Right of Youth to Notify Parents

Appeals

• Appeals
• Right to Appeal
  • Right of Appeal of Verdicts or Sentences for Indictable Offences · Right of Appeal of Verdicts or Sentences for Summary Offences · Right of Appeal 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
• Appeal Procedure
  • Appeal Procedure For Summary Convictions · Appeal Procedure For Indictable Convictions · Representation and Attendance on Appeal · Appellate Evidence · Interim Remedies Pending Appeal · Bail Pending Appeal
• Appeals to the Supreme Court of Canada
• Ministerial Review

Appendix

• Definitions · Case Digests · Readings · List of Criminal Code Forms · Misc Procedural Provisions
• Precedents and Checklists: Motions Chart · Motions Checklist · Trial Preparation Checklist · Bail Checklist

Volume V: Sentencing

• Introduction to Sentencing

Principles and Factors

• Purpose and Principles of Sentencing
  • Proportionality · 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 · Sentencing Factors Relating to the Offence · 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
  • Offences of Violence · Drug Offences · Sexual Offences · Regulatory Offences · Sentencing Fraud · Child Pornography Sentencing · Weapon Offences

Tools of Sentencing: Available Sentences

• Alternative Measures: Extrajudicial Measures for Young Offenders · Remediation Agreements
• Sentences: Discharges (Curative Discharges) · Probation Orders (Terms and Conditions · Restitution) · Fines · Imprisonment · Conditional Sentences (Terms and Conditions of a Conditional Sentence Order · Conditional Sentence Breaches)
• Concurrent and Consecutive Sentences · Maximum and Minimum Sentences · Life Sentences

Tools of Sentencing: Ancillary Orders

• Ancillary Investigative Orders
  • DNA Orders (Primary Designated Offences · Secondary Designated Offences, A) · SOIRA Orders (Notices Outside Canada, Notices Pre-2004)
• Ancillary Prohibition Orders
  • Section 161 Orders · Weapons Prohibition Orders · Firearms Prohibition Orders · Fraud Prohibition Orders · Animal Prohibition Orders · Driving Prohibition Orders
• Ancillary Fine and Restitution Orders:
  • Stand-alone Restitution Orders · Victim Fine Surcharge · Fine in Lieu of Forfeiture
• Forfeiture Orders
  • Forfeiture of Proceeds of Crime · Forfeiture of Offence-related Property · Forfeiture of Offence-related Property Under the CDSA · Detention Order for Things Seized Under Section 489 or 487.11

Procedure

• Sentencing Procedure
  • Overview of Sentencing · Guilty Plea · Notice of Increased Penalty · Evidence · Pre-Sentence Reports · Victim Impact Statements · Plea Bargains · Remand Credit · Charter Issues (Retrospective Punishments) · Sentencing Circles

Serving Sentences and Afterwards

• Serving Sentences · Consequences of Criminal Records After Sentencing (Pardons and Record Suspensions · Immigration Consequences from a Conviction)
• 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
• Sentencing Young Offenders · Principles and Purposes of Youth Sentencing · Youth Pre-Sentence Reports · Dispositions for Young Offenders · Adult Sentences for Young Offenders · Custody and Supervision Orders

Military

• Military Sentencing

Appendix

• Case Digests · Checklist · Index of Offences by Penalty

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)

• < Criminal Law

Versions

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

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

1970 to 1985

Table of Concordance for the Criminal Code.

R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46 1 1 2 2 2.1 3 Part I Part I 3(1) 4 3(2) 4(1) 3(3) 4(2) 3(4) 4(3) 3(5) 4(4) 3(6) 4(5) 3(7) 4(6) 3(8) 4(7) 4 5 5 6 6 7 6(1.1) 7(2) 6(1.2) 7(3) 6(1.3) 7(3.1) 6(1.4) 7(3.2) 6(1.5) 7(3.3) 6(1.6) 7(3.4) 6(1.7) 7(3.5) 6(1.8) 7(3.6) 6(1.9) 7(3.7) 6(1.91) 7(3.71) 6(1.92) 7(3.72) 6(1.93) 7(3.73) 6(1.94) 7(3.74) 6(1.95) 7(3.75) 6(1.96) 7(3.76) 6(1.97) 7(3.77) 6(2) 7(4) 6(3) 7(5) 6(3.1) 7(5.1) 6(4) 7(6) 6(5) 7(7) 6(6) 7(8) 6(7) 7(9) 6(8) 7(10) 6(9) 7(11) 7 8 7(1)(a) 8(1)(b) 7(1)(b) 8(1)(a) 8 9 9 10 10 11 11 12 12 13 13 - 14-45 14-45 Part II Part II 46-55 46-55 56 - 57 56 58 57 59 58 60 59 61 60 62 61 63 62 64 63 65 64 66 65 67 66 68 67 69 68 70 69 71 70 72 71 73 72 74 73 75 74 76 75 76.1 76 76.2 77 76.3 78 77 79 78 80 79 81 80 82 81 83 Part II.1 Part III 82 84 83 85 84 86 85 87 86 88 87 89 88 90 89 91 90 92 91 93 92 94 93 95 94 96 95 97 96 98 97 99 98 100 99 101 100 102 101 103 102 104 103 105 104 106 105 107 106 108 106.1 109 106.2 110 106.3 111 106.4 112 106.5 113 106.6 114 106.7 115 106.8 116 106.9 117 Part III Part IV 107 118 108 119 109 120 110 121 111 122 112 123 113 124 114 125 115 126 116 127 117 128 118 129 119 130 120 131 121 132 122 133 122.1 134 123 135 124 136 125 137 126 138 127 139 128 140 129 141 130 142 131 143 132 144 133 145 134 146 135 147 136 148 137 149 Part IV Part V 138 150 139 150.1 140 151 141 152 142 to 145 - 146 153 147 154 148-149 - 150 155 151 156 152 157 153 158 154 159 155 160 156 - 157 161 158 162 159 163 160 164 161 165 162 166 163 167 164 168 165 169 166 170 167 171 168 172 169 173 170 174 171 175 172 176 173 177 174 178 175 179 176 180 177 181 178 182 Part IV.1 Part VI 178.1 183 178.11 184 178.12 185 178.13 186 178.14 187 178.15 188 187.16 189 178.17 190 178.18 191 178.19 192 178.2 193 178.21 194 178.22 195

R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46 178.23 196 Part V Part VII 179 197 180 198 181 199 182-183 - 184 200 185 201 186 202 187 203 188 204 188.1 205 189 206 190 207 191 208 192 209 193 210 194 211 195 212 195.1 213 Part VI Part VIII 196 214 197 215 198 216 199 217 200 218 201 - 202 219 203 220 204 221 205 222 206 223 207 224 208 225 209 226 210 227 221 228 212 229 213 230 214 231 215 232 216 233 217 234 218 235 219 236 220 237 221 238 222 239 223 240 224 241 225 - 226 242 227 243 228 244, 244.1 229 245 230 246 231 247 232 248 233 249 234 250 235 251 236 252 237 253 238 254 239 255 240 256 240.1 257 241 258 242 259 243 260 243.1 261 243.2 262 243.3 263 243.4 264.1 244 265 245 266 245.1 267 245.2 268 245.3 269 245.4 269.1 246 270 246.1 271 246.2 272 246.3 273 246.4 274 246.5 275 246.6 276 246.7 277 246.8 278 247 279 247.1 279.1 248 - 249 280 250 281 250.1 282 250.2 283 250.3 284 250.4 285 250.5 286 251 287 252 288 253 289 254 290 255 291 256 292 257 293 258 294 259 295 260 296 261 297 262 298 263 299 264 300 265 301 266 302 267 303 268 304 269 305 270 306 271 307 272 308 273 309 274 310 275 311 276 312 277 313 278 314 279 315 280 316 281 317 281.1 318 281.2 319 281.3 320 Part VII Part IX 282 321 283 322 284 323 285 324 286 325 287 326 287.1 327 288 328 289 329 290 330 291 331 292 332 293 333 294 334 295 335 296 336 297 337 298 338 299 339 300 340 301 341 301.1 342 301.2 342.1 302 343 303 344 304 345 305 346 305.1 347 306 348 307 349 308 350 309 351 310 352 311 353 312 354 313 355 314 356 315 357 316 358 317 359 318 360 319 361 320 362 321 363 322 364 323 365 324 366 325 367 326 368 327 369 328 370 329 371 330 372 331 373 332 374 333 375 334 376 335 377 336 378 Part VIII Part X 337 379 338 380 339 381 340 382 341 383 342 384 343 385

R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46 344 386 345 387 346 388 347 389 348 390 349 391 350 392 351 393 352 394 353 395 354 396 355 397 356 398 357 399 358 400 359 401 360 402 361 403 362 404 363 405 364 406 365 407 366 408 367 409 368 410 369 411 370 412 371 413 372 414 373 415 374 416 375 417 376 418 377 419 378 420 379 421 380 422 381 423 381.1 424 382 425 383 426 384 427 Part IX Part XI 385 428 386 429 387 430 387.1 431 388 432 389 433 390 434 391 435 392 436 393 437 394 438 395 439 396 440 397 441 398 442 399 443 400 444 401 445 402 446 403 447 404 - 405 - Part X Part XII 406 448 407 449 408 450 409 451 410 452 411 453 412 454 413 455 414 456 415 457 416 458 417 459 418 460 419 461 420 462 Part X.1 Part XII.1 420.1 462.1 420.2 462.2 Part X.1 Part XII.2 420.1 462.3 420.11 462.31 420.12 462.32 420.13 462.33 420.14 462.34 420.15 462.35 420.16 462.36 420.17 462.37 420.18 462.38 420.19 462.39 420.2 462.4 420.21 462.41 420.22 462.42 420.23 462.43 420.24 462.44 420.25 462.45 420.26 462.46 420.27 462.47 420.28 462.48 420.29 462.49 420.3 462.5 Part XI Part XIII 421 463 422 464 423 465 423(1)(c) - 423(1)(d) 465(1)(c) 423(1)(e) 465(1)(d) 423(2) 465(2) 423(3) 465(3) 423(4) 465(4) 423(5) 465(5) - 465(6) 423(6) 465(7) 424 466 425 467 Part XII Part XIV 426 468 427 469 428 470 429 471 429.1 472 430 473 431 474 431.1 475 432 476 433 477 - 477.1 - 477.2 - 477.3 - 477.4 434 478 435 479 436 480 437 481 438 482 438(1.1) 482(2) 438(2) 482(3) 438(3) - 438(4) 482(4) 438(5) 482(5) Part XIII Part XV 439 483 440 484 440.1 485 440.2 485.1 442 486 442(1) 486(1) to (1.4) 442(2.1) 486(2.1) 442(2.2) 486(2.2) 442(3) 486(3) 442(3.1) 486(4) 442(4) 486(5) 442(5) 486(6) 443 487 - 487.01 - 487.02 - 487.03 - 487.04 - 487.05 - 487.051 - 487.052 - 487.053 - 487.054 - 487.055 - 487.056 - 487.057 - 487.058 - 487.06 - 487.07 - 487.071 - 487.08 - 487.09 - 487.091 - 487.092 - 487.0 443.1 487.1 443.2 487.2 444 488 444.1 488.1 445 489 445.1 489.1 446 490 446.1 491 446.2 491.1 446.3 491.2 447 492 - 492.1 - 492.2 Part XIV Part XVI 448 493 449 494 450 495 451 496 452 497 453 498

R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46 453.1 499 453.2 500 453.3 501 453.4 502 454 503 455 504 455.1 505 455.2 506 455.3 507 455.4 508 455.5 509 455.6 510 456 511 456.1 512 456.2 513 456.3 514 457 515 457.1 516 457.2 517 457.3 518 457.4 519 457.5 520 457.6 521 457.7 522 457.8 523 458 524 459 525 459.1 526 460 527 461 528 462 529 Part XIV.1 Part XVII 462.1 530 462.11 530.1 462.2 531 462.3 532 462.4 533 Part XV Part XVIII 463 535 464 536 465 537 466 538 467 539 468 540 469 541 470 542 471 543 471.1 544 472 545 473 546 474 547 474.1 547.1 475 548 476 549 477 550 478 551 479 - 480 - 481 - Part XVI Part XIX 482 552 483 553 484 554 485 555 486 556 487 557 488 558 489 559 490 560 491 561 492 562 493 563 494 564 495 565 496 566 497 567 498 568 499 569 500 570 501 571 502 572 503 573 Part XVII Part XX 504 574 505 575 506 576 507 577 507.1 578 508 579 - 579.1 509 580 510 581 511 582 512 583 513 584 514 585 515 586 516 587 517 588 518 589 519 590 520 591 521 592 522 593 523 594 524 595 525 596 526 597 526.1 598 527 599 528 600 529 601 530 602 531 603 532 604 533 605 533.1 625.1 534 606 535 607 536 608 537 609 538 610 539 611 540 612 541 613 542 614 543 615 544 616 545 617 546 618 547 619 548 620 549 621 550 622 551 623 552 624 553 625 553.1 625.1 554 626 555 627 556 - 557 628 558 629 559 630 560 631 561 632 562 633 563 634 564 635 565 636 566 637 567 638 568 639 569 640 570 641 571 642 572 643 573 644 574 645 575 646 576 647 576.1 648 576.2 649 577 650 578 651 579 652 580 653 581 654 582 655 583 656 584 657 584.1 657.1 585 658 586 659 587 660 588 661 589 662 590 663 591 664 592 665 593 666 594 667 595 668 596 669 597 669.1 597.1 669.2 - 669.3 598 670 599 671 600 672 - Part XX.1 - 672.1 to 672.95 Part XVIII Part XXI 601 673 602 674 603 675 604 - 605 676 606 677 607 678 _ _

R.S.C. 1970 c. C-34 R.S.C. 1985 c. C-46 607.1 678.1 608 679 608.1 680 608.2 681 609 682 610 683 611 684 612 685 613 686 614 687 615 688 616 689 617 690 618 691 619 - 620 692 621 693 622 694 622.1 694.1 622.2 694.2 623 695 624 696 625 697 626 698 627 699 628 700 - 700.1 629 701 - 701.1 630 702 631 703 631.1 703.1 631.2 703.2 632 704 633 705 634 706 635 707 636 708 - 708.1 637 709 638 710 639 711 640 712 641 713 - 713.1 642 714 - 714.1 - 714.2 - 714.3 - 714.4 - 714.5 - 714.6 - 714.7 - 714.8 643 715 643.1 715.1 - 715.2 Part XX Part XXIII 644 716 645 717 646 718 646.1 718.1 647 719 648 720 649 721 650 722 651 723 652 724 653 725 654 726 655 727 656 728 657 729 658 730 659 731 660 732 660.1 733 661 734 662 735 662.1 736 663 737 664 738 665 739 666 740 667 741 668 741.1 - 741.2 669 742 - 742.1 670 743 - 743.1 671 744 - 744.1 672 745 673 746 674 747 675 to 681 - 682 748 683 549 685 750 686 751 Part XXI PartXXIV 687 752 - 752.01 - 752.1 688 753 - 753.1 - 753.2 - 753.3 - 753.4 689 754 690 755 691 756 692 757 693 758 694 759 695 760 695.1 761 Part XXII Part XXV 696 762 697 763 698 764 699 765 700 766 701 767 701.1 767.1 702 768 703 769 704 770 705 771 706 772 707 773 Part XXIII Part XXVI 720 785 721 786 722 787 723 788 724 789 725 790 726 791 727 - 728 792 729 793 730 794 731 795 732 796 732.1 797 733 798 734 799 735 800 736 801 737 802 - 802.1 738 803 739 804 740 805 741 806 742 807 743 808 744 809 745 810 810.01 810.1 - 810.2 746 811 747 812 748 813 749 814 750 815 751 - 752 816 752.1 817 752.2 818 752.3 819 753 820 754 821 755 822 755.1 823 756 824 757 825 758 826 759 827 760 828 761 829 762 830 763 831 764 832 765 833 766 834 767 835 768 836 769 837 770 838 771 839 772 840 Part XXV Part XXVIII 773 841 Forms 1 and 2 Forms 1 and 2 Forms 3 Forms 3 _ _ _ _

1953 to 1970

1953-54, c. 51 R.S.C. 1970 c. C-34 1 same 2 same 3 same 4 same 5 same 5A(1) 6(1) 5A(1a) 6(2) 5A(2) 6(3) 5A(2a) 6(4) 5A(3) 6(5) 5A(4) 6(6) 6 7(1) 7(1) 7(2) 7(2) 7(3) 8 to 98 same 98A 99 98B 100 98C 101 98D 102 98E 103 98F 104 98G 105 98H 106 99 107 100 108 101 109 102 110 103 111 104 112 105 113 106 114 107 115 108 116 109 117 110 118 111 119 112 120 113 121 114 122 115 123 116 124 117 125 118 126 119 127 120 128 121 129 122 130 123 131 124 132 125 133 126 134 127 135 128 136 129 137 130 138 131 139 132 140 133 141 134 142 135 143 136 144 137 145 138 146 139 147 140 148 141 149 142 150 143 151 144 152 145 153 146 154 147 155 148 156 149 157 149A 158 150 159 150A 160 150B 161 151 162 152 163 153 164 154 165 155 166 156 167 157 168 158 169 159 170 160 171 161 172 162 173 163 174 164 175 165 176 166 177 167 178 168 179 169 180(1) 170 180(2) 171 181 172 182(1) 173 182(2) 174 183 175 184 176 185 177 186 177A 187 178 188 179(1) to (7) 189(1) to (7) 179(8)* 189(8) 179A 190 180 191 181 192 182 193 183 194 184 195 185 196 186 197 187 198 188 199 189 200 190 201 191 202 192 203 193 204 194 205 195 206 196 207 197 208 198 209 199 210 200 211 201 212 202 213 202A 214 203 215 204 216 205 217 206 218 207 219 208 220 209 221 210 222

1953-54, c. 51 R.S.C. 1970 c. C-34 211 223 212 224 213 225 214 226 215 227 216 228 217 229 218 230 219 231 220 232 221 233 222 234 223 235 224 236 224A 237 225 238 226 239 226A 240 227 241 228 242 229 243 230 244 231 245 232 246 233 247 234 248 235 249 236 250 237 251 238 252 239 253 240 254 241 255 242 256 243 257 244 258 245 259 246 260 247 261 248 262 249 263 250 264 251 265 252 266 253 267 254 268 255 269 256 270 257 271 258 272 259 273 260 274 261 275 262 276 263 277 264 278 265 279 266 280 267 281 267A 281.1 267B 281.2 267C 281.3 268 282 269 283 270 284 271 285 272 286 273 287 274 288 275 289 276 290 277 291 278 292 279 293 280 294 281 295 282 296 283 297 284 298 285 299 286 300 287 301 288 302 289 303 290 304 291 305 292 306 293 307 294 308 295 309 295A 310 295B 311 296 312 297 313 298 314 299 315 300 316 301 317 302 318 303 319 304 320 305 321 306 - 307 322 308 323 309 324 310 325 311 326 312 327 313 328 314 329 315 330 316 331 317 332 318 333 319 334 320 335 321 336 322 337 323 338 324 339 325 340 326 341 327 342 328 343 329 344 330 345 331 346 332 347 333 348 334 349 335 350 336 351 337 352 338 353 339 354 340 355 341 356 342 357 343 358 344 359 345 360

1953-54, c. 51 R.S.C. 1970 c. C-34 346 361 347 362 348 363 349 364 350 365 351 366 352 367 353 368 354 369 355 370 356 371 357 372 358 373 359 374 360 375 361 376 362 377 363 378 364 379 365 380 366 381 367 382 368 383 369 384 370 385 371 386 372 387 373 388 374 389 375 390 376 391 377 392 378 393 379 394 380 395 381 396 382 397 383 398 384 399 385 400 386 401 387 402 388 403 389 404 390 405 391 406 392 407 393 408 394 409 395 410 396 411 397 412 398 413 399 414 400 415 401 416 402 417 403 418 404 419 405 420 406 421 407 422 408 423 409 424 410 425 411 - 412 - 413(1) 426 413(2) 427 414 428 415 429 416 - 417 430 418 431 419 432 420 433 421 434 421A 435 422 436 423 437 424 438 425 439 426 440 427 441 428 442 429 443 430 444 431 445 432 446 433 447 434 448 435 449 436 450 437 451 438 452 439 453 440 454 441(1) to (3) 455(1) to (3) 441(4), (5) repealed 441(6) 455(4) 442 456 443 457 444 458 445 459 446 460 447 461 448 462 449 463 450 464 451 465 452 466 452A 467 453 468 454 469 455 470 456 471 457 472 458 473 459 474 460 475 460A 476 461 477 462 478 463 479 464 480 465 481 466 482 467 483 468 484 469 485 470 486 471 487 472 488 473 489 474 490 474A 491 475 492 475A 493 476 494 477 495 478 496 479 497

1953-54, c. 51 R.S.C. 1970 c. C-34 480 498 481 499 482 500 483 501 484 502 485 503 486 504 487 505 488 506 489 507 490 508 491 509 492 510 492A 511 493 512 494 513 495 514 496 515 497 516 498 517 499 518 500 519 501 520 502 521 503 522 504 523 505 524 506 525 507 526 508 527 509 528 510 529 511 530 512 531 513 532 514 533 515 534(*) 516 535 517 536 518 537 519 538(*) 520 539 521 540 522 541 523 542 524 543(*) 525 544 526 545 527 546 527A 547 528 548 529 549(*) 530 550 531 551 532 552 533 553 534 554 535 555 536 556 537 557 538 558 539 559 540 560 541 561 542 562 543 563 544 564 545 565 546 566 547 567 548 568 549 569 550 570 551 571 552 572 553 573 554 574 555 575 556 576 557 577 558 578(*) 559 579 560 580 561 581 562 582 563 583 564 584 565 585 566 586 567 587 568 588 569 589(*) 570 590 571 591 572 592 573 593 574 594 575 595 576 596 577 597 578 598 579 599 580 600 581 601 582 602 583 603 583A 604 584 605 585 606 586 607 587 608 588 609 589 610 590 611 591 612 592 613 593 614 594 615 595 616 596 617 597 618 597A 619 597B 620 598 621 599 622 600 623 601 624 602 625 603 626 604 627 605 628 606 629 607 630 608 631 609 632 610 633 611 634 611A 635 612 636 613 637 614 638 615 639

1953-54, c. 51 R.S.C. 1970 c. C-34 616 640 617 641 618 642 619 643 620 644 621 645 622 646 623(1) 647 623(2) - 623A 648 624 649 625 650 626 651(*) 627 652 628 653 629 654 630 655 631 656 632 657 633 658 634 659 635 660 636 661 637 662 638 663 639 664 640 665 640A 666 640B 667 641 668 642 669 642A 670 643 671 644 672 645 673 646 674 647 675 648 676 649 677 650 678 651 679 652 680 653 681 654 682 655 683 656 684 657 685 658 686 659 687 660 688(*) 661 689(*) 662 690 662A 691 663 692 664 - 665(1) - 665(2) 693 666 694 667 695(*) 668 696 669 697 670 698 671 699 672 700 673 701 674 702 675 703 676 704 677 705 678 706 679 707 680 708 681 709 682 710 683 711 684 712 685 713 686 714 687 715 688 716 689 717 690 718 691 719 692 720 693 721 694 722 695 723 696 724 697 725 698 726 699 727 700 728 701 729 702 730 703 731 704 732 705 733 706 734 707 735 708 736 709 737 710 738 711 739 712 740 713 741 714 742 715 743 716 744 717 745 718 746 719 747(*) 720 748 721 749 722 750(*) 723 751 724 752 725 753 726 754 727 755 728 756 729 757 730 758 731 759(*) 732 760 733 761 734 762 735 763 736 764 737 765 738 766 739 767 740 768 741 769 742 770 743 771 744 772 745 to 752 - 753 773 _ _ _ _ _ _ _ _

See Also

• List of Criminal Code Amendments
• Concordance list 1970 and 1985
• concordance 1927 and 1955

List of Criminal Code Amendments (2000 to 2009)

• < Criminal Law
• < Offences
• < Offence History

2005 to 2009

2009, c. 29

2009, c. 29
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Truth in Sentencing Act	2009, c. 29	October 22, 2009	February 22, 2010	official text CanLII text	{{{8}}}
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 C-27)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code (identity theft and related misconduct)	2009, c. 28 (Bill C-27)	October 22, 2009	January 8, 2010	official text CanLII text	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code (organized crime and protection of justice system participants)	2009, c. 22	June 23, 2009	October 2, 2009	official text CanLII text	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Budget Implementation Act	2009, c. 2	March 12, 2009	On Royal Assent	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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-203)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code (cruelty to animals)	2008, c. 12 (S-203)	April 17, 2008	On Royal Assent	official text CanLII text	{{{8}}}
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

2008, c. 6 (C-2) SI/2008-34
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
Summary
"This enactment amends the Criminal Code by exempting persons from the application of section 347 of that Act in respect of agreements for small, short-term loans. The exemption applies to persons who are licensed or otherwise authorized to enter into such agreements by designated provinces that have legislative measures that protect recipients of payday loans and that specify a limit on the total cost of those loans."
Amended Code Sec.
It replaces s. 347(1). It adds s. 347.1.

2007, c. 5

2007, c. 5 (Bill S-3)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
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	{{{8}}}
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 (C-2)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Federal Accountability Act	2006, c. 9 (C-2)	December 12, 2006	March 1, 2007	official text CanLII text	{{{8}}}
Summary
It "amends the ... Criminal Code to create indictable offences for fraud with respect to public money or money of a Crown corporation, and makes persons convicted of those offences ineligible to be employed by the Crown or the corporation or to otherwise contract with the Crown."
Amended Code Sec.
It replaces s. 750(3).

2005, c. 44

2005, c. 44 (Bill C-53)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"This enactment amends the Criminal Code ... to provide a reverse onus of proof in proceeds of crime applications involving offenders who have been convicted of a criminal organization offence or certain offences under the Controlled Drugs and Substances Act. The enactment provides that a court shall make an order of forfeiture against any property of an offender [where] the offender has engaged in a pattern of criminal activity or has an income unrelated to crime that cannot reasonably account for all of the offender’s property. The enactment also amends the Criminal Code to clarify the authority of the Attorney General of Canada in regards to proceeds of crime and to clarify the definition “designated offence” in regards to offences that may be prosecuted by indictment or on summary conviction. It also amends a provision of the Criminal Code to ensure the equivalency of the English and French versions."
Amended Code Sec.
It adds s. 462.37(2.01) to (2.07). It replaces s. 462.3 (1) [in part], 462.3(3), 462.32(1), 462.33(2)(c), 462.33(3), 462.33(5), 462.33(10)(c), 462.341, 462.37(3), 462.4(a), 462.41(1), 462.41(3) [in part], 462.42(1), 462.45, 462.46(1), 689(1).

2005, c. 43

2005, c. 43 (Bill C-49)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code and the Cultural Property Export and Import Act	2005, c. 40	November 25, 2005	On Royal Assent	official text CanLII text	{{{8}}}
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
Canada Border Services Agency Act	2005, c. 38 (C-26)	November 3, 2005	December 12, 2005	official text CanLII text	{{{8}}}
Summary
Incidental amendments in creating the Canada Border Services Agency.
Amended Code Sec.
It amends s. 2.

2005, c. 32

2005, c. 32 (Bill C-2)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act	2005, c. 25	May 19, 2005	On Royal Assent and January 1, 2008	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Department of Public Safety and Emergency Preparedness Act	2005, c. 10	March 23, 2005	April 4, 2005	official text CanLII text	{{{8}}}
Summary
Amended Code Sec.
It replaces s. 83.05(1.1) to (4), 83.05(6)(a), 83.05(7) to (10), 83.06(1) and (2), 83.07, 83.09(1) and (2), 185(1), 186(6), 187(2), 196(1) and (2).

2000 to 2004

2004, c. 15

2004, c. 15 (C–7)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
An Act to amend the Criminal Code (hate propaganda)	2004, c. 14 (Bill C-250)	6 May 2004	?	CanLII text	{{{8}}}
Summary
Amended Code Sec.

2004, c. 12

2004, c. 12 (Bill C–14)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts	2004, c. 10 (Bill C–16)	April 1, 2004	Dec 15, 2004	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Excise Act, 2001	2002, c. 22	June 13, 2002	On Royal Assent and July 1, 2003	official text CanLII text	{{{8}}}
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)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Criminal Law Amendment Act, 2001	2002, c. 13 (Bill C-15A)	June 4, 2002	July 23, 2003 (s. 79), June 1, 2004 (s. 24 to 46, 48, 59 and 72)	official text CanLII text	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Yukon Act	2002, c. 7	April 1, 2003	March 27, 2002	official text CanLII text	{{{8}}}
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
Youth Criminal Justice Act	2002, c. 1 (Bill C-7)	February 19, 2002	April 1, 2003	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Immigration and Refugee Protection Act	2001, c. 27	November 1, 2001	June 28, 2002 (partially repealed)	official text CanLII text	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Canada Shipping Act, 2001	2001, c. 26	November 1, 2001	July 1, 2001	official text CanLII text	{{{8}}}
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
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	{{{8}}}
Summary
Amended Code Sec.
It replaces s. 255(3), 256(1). It repeals s. 553(c)(vii).

2000, c. 24

2000, c. 24 (Bill C-19)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Crimes Against Humanity and War Crimes Act	2000, c. 24 (Bill C-19)	June 29, 2000	October 23, 2000	final bill text CanLII text	{{{8}}}
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
Proceeds of Crime (Money Laundering) Act	2000, c. 17 (Bill C-22)	June 29, 2000	October 28, 2001	final bill text CanLII text	{{{8}}}
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
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	{{{8}}}
Summary
This Act makes amendments to the Code to "extend the prohibition against unauthorized use of bodily substances and the results of forensic DNA analysis to include those obtained under the National Defence Act." It also "amendments to the Criminal Code clarify and strengthen the existing regime concerning the taking of bodily substances for the purpose of forensic DNA analysis."
Amended Code Sec.
It modifies s. 487.03, 487.057(1), 487.06, replaces s. 487.053, 487.055(2), 487.055(3.1), 487.056(2), (3), 487.058, 487.07 (1), (3), 487.071(1), 487.08(1), (1.1), (2), (2.1), and 487.091(3). It adds FORM 28.1.

2000, c. 2

2000, c. 2 (Bill C-202)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code (flight)	2000, c. 2 (Bill C-202)	March 30, 2000	March 30, 2000	final bill text	{{{8}}}
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
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	{{{8}}}
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)

• < Criminal Law
• < Offences
• < Offence History

2010 to 2019

2019, c. 25

2019, c. 25 (Bill C-75)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
Makes changes on various parts of the code, including bail, jury selection, intimate partner violence, victim fine surcharge, warrants, administration of justices offences, limitations on preliminary inquiries, increase maximum penalties, remove unconstitutional offences, and numerous changes to YCJA.
Amended Code Sec.
s. 1(1), (2), (3), 2, 3, 4(1), 5, 6 to 29, 30 to 46 to 50 and 52, 55(2), 56 to 59, 61, 63, 64 to 69, 70 to 72, 74 to 76, 79 to 88, 90 to 97, 103 to 110, 112 to 156, 157(1), 158 to 181 and 183 to 186, 187(2), 188, 191 to 201, 203 to 208 and 216, 225(2), 237 to 244, 245(1) to (3), 246, 247, 250, 251, 252 and 253, 254(1), (4), (5) and 255(1), (2), (4) and (5), 256 to 259, 260(1), 261 to 263, 264, 265 to 280, 281(1), (2), 282 to 286, 289 to 294, 298, 299, 302, 305 to 307, 315 to 319, 321, 322, 329 to 333, 334(1), (2), 336(1), 338 to 344, 345(1), 346, 347, 348(1) and (2) and 349(1) and (2), 350 to 353, 370(1) and 376 to 379, 382, 385 to 398, 399, 400, and 400.‍1. 157(2), 182, 187(1), 209 to 215, 217 to 224, 225(1), (3) to (7), 226 to 236, 245(4), 248, 249, 254(2), (3), 255(3) and 260(2), 281(3) and (4), 287, 288, 295, 296, 297, 300, 301, 303, 304, 308 to 313, 314, 323 to 328, 334(3), 335, 336(2), 337, 345(2), 348(3), 349(3), 361 to 369, 370(2), 371 to 375, 380, 381, 387 to 393.

2019, c. 17

2019, c. 17 (Bill C-84)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code (bestiality and animal fighting)	2019, c. 17 (Bill C-84)	June 21, 2019	On Royal Assent	draft text CanLII text	{{{8}}}
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. 14

2019, c. 14
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Fisheries Act and other Acts in consequence	2019, c. 14	June 21, 2019		CanLII text	{{{8}}}
Summary
Amended Code Sec.

2019, c. 13

2019, c. 13
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
National Security Act, 2017	2019, c. 13	June 21, 2019		CanLII text	{{{8}}}
Summary
Amended Code Sec.

2019, c. 11

2019, c. 11 (S-203)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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			{{{8}}}
Summary
Amended Code Sec.

2019, c. 9

2019, c. 9 (Bill C-71)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
Amended Code Sec.

2018, c. 26

2018, c. 26 (Bill C-47)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183." (second reading)
Amended Code Sec.
s. 183.

2018, c. 21

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

2018, c. 29

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

2018, c. 16

2018, c. 16 (Bill C-45)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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 CanLII text	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Budget Implementation Act, 2018, No 1	2018, c. 12	June 21, 2018	September 19, 2018 (s. 403 to 405) October 17, 2018 (s. 114)	official text CanLII text	{{{8}}}
Summary
Makes minor changes to list of wiretap eligible offences under s. 183. Amends s. 2.2(1). Adds Part XXII.1 to the Code re "Remediation Agreements"
Amended Code Sec.

2018, c. 11

2018 c. 11 (Bill C-66)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Expungement of Historically Unjust Convictions Act	2018 c. 11 (Bill C-66)	June 21, 2018	June 21, 2018	official text CanLII text	{{{8}}}
Summary
Amended Code Sec.

2017, c. 27

2017, c. 27 (Bill C-23)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Preclearance Act	2017, c. 27 (Bill C-23)	December 12, 2017	2019?	official text CanLII text	{{{8}}}
Summary
xxx
Amended Code Sec.
s. 117.071 and 579.001.

2017, c. 23

2017, c. 23 (Bill C-305)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
An Act to amend the Criminal Code (mischief)	2017, c. 23 (Bill C-305)	December 12, 2017	On Royal Assent	official text CanLII text	{{{8}}}
Summary
"This enactment amends the Criminal Code to add to the offence of mischief relating to religious property the act of mischief in relation to property that is used for educational purposes, for administrative, social, cultural or sports activities or events or as a residence for seniors."
Amended Code Sec.
Replaces s. 430(4.1). Adds s. 430(4.‍101)

2017, c. 22

2017, c. 22 (Bill S-231)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"The enactment ... amends the Criminal Code so that only a judge of a superior court of criminal jurisdiction or a judge within the meaning of section 552 of that Act may issue a search warrant relating to a journalist. It also provides that a search warrant can be issued only if the judge is satisfied that there is no other way by which the desired information can reasonably be obtained and that the public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in the collection and dissemination of information. The judge must also be satisfied that these same conditions apply before an officer can examine, reproduce or make copies of a document obtained under a search warrant relating to a journalist."
Amended Code Sec.
It adds s. 488.01.

2017, c. 7

2017, c. 7 (Bill C-37)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"It... makes ... amendments to the Criminal Code and the Seized Property Management Act" related to CDSA amendments.
Amended Code Sec.
It replaces s. 83.13(4)(a), (b), 83.13(5), (6), (7) to (9), 462.331(3)(a), (b), 462.331(4),(5), (6(a), (b), (7), (8), 462.37(1), (2), 462.38(2)(b), 462.41(2), 490.1(1), (2), (4)(a),(b), 490.4(2) 490.41(2)(a),(b), 490.81(3)(a),(b), (4), (5), 490.81(6)(a),(b), 490.81(7), (8). It adds s. 83.13(4)(c), 83.13(8.1), (9.1), 462.331(7.1), (8.1), 490.81(7.1), (8.1).

2017, c. 13

2017, c. 13 (Bill C-16)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Budget Implementation Act, 2017, No 2	2017, c. 33			official text	{{{8}}}
Summary
Amended Code Sec.
s. 188

2016, c. 3

2016, c. 3 (Bill C-14)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
The amendment amends the Criminal Code to, "...create exemptions from the offences of culpable homicide, of aiding suicide and of administering a noxious thing, in order to permit medical practitioners and nurse practitioners to provide medical assistance in dying and to permit pharmacists and other persons to assist in the process;...specify the eligibility criteria and the safeguards that must be respected before medical assistance in dying may be provided to a person; ...require that medical practitioners and nurse practitioners who receive requests for, and pharmacists who dispense substances in connection with the provision of, medical assist­ance in dying provide information for the purpose of permitting the monitoring of medical assistance in dying, and authorize the Minister of Health to make regulations respecting that information; and ... create new offences for failing to comply with the safeguards, for forging or destroying documents related to medical assistance in dying, for failing to provide the required information and for contravening the regulations."
Amended Code Sec.
It replaces s. 14, 241, 241.1, 241.2, 241.3, 241.4, 241.‍31 adds s. 227, and modifies s. 241.4(2), 245

2015, c. 34

2015, c. 34 (Bill C-35)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"This enactment amends the Criminal Code to better protect law enforcement animals, military animals and service animals and to ensure that offenders who harm those animals or assault peace officers are held fully accountable."
Amended Code Sec.
It adds s. 270.03, 445.01 and 718.03

2015, c. 29

2015, c. 29 (Bill S-7)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
Amends Criminal Code to "clarify that it is an offence for an officiant to knowingly solemnize a marriage in contravention of federal law; provide that it is an offence to celebrate, aid or participate in a marriage rite or ceremony knowing that one of the persons being married is doing so against their will or is under the age of 16 years; provide that it is an offence to remove a child from Canada with the intention that an act be committed outside Canada that, if it were committed in Canada, would constitute the offence of celebrating, aiding or participating in a marriage rite or ceremony knowing that the child is doing so against their will or is under the age of 16 years; provide that a judge may order a person to enter into a recognizance with conditions to keep the peace and be of good behaviour for the purpose of preventing the person from committing an offence relating to the marriage of a person against their will or the marriage of a person under the age of 16 years or relating to the removal of a child from Canada with the intention of committing an act that, if it were committed in Canada, would be such an offence; and provide that the defence of provocation is restricted to circumstances in which the victim engaged in conduct that would constitute an indictable offence under the Criminal Code that is punishable by five years or more in prison. ".
Amended Code Sec.
The amendment involves replacing s. 150.1(2.1), 232(2), 232(3)(a), 295, and 811. It also adds s. 150.1(2.2), 293.1, 293.2, and 810.02 and it changes s. 273.3(1).

2015, c. 23

2015, c. 23 (C-26)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
Amends the Criminal Code to "increase mandatory minimum penalties and maximum penalties for certain sexual offences against children; increase maximum penalties for violations of prohibition orders, probation orders and peace bonds; clarify and codify the rules regarding the imposition of consecutive and concurrent sentences; require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence." Creates a public database of child sex offenders under the High Risk Child Sex Offender Database Act.
Amended Code Sec.
It amends s. 151, 152, 153, 160, 161, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 212, 271, 272, 718.2, 718.3, 733.1, and 811.

2015, c. 20

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

2015, c. 13

2015, c. 13 (Bill C-32)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"This enactment amends the Criminal Code to... align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights... protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel... broaden the conduct to which the offence of intimidation of justice system participants applies... expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice... make testimonial aids more accessible to vulnerable witnesses... enable witnesses to testify using a pseudonym in appropriate cases... make publication bans for victims under the age of 18 mandatory on application... provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration... require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances... add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards... provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective... clarify the provisions relating to victim impact statements... allow for community impact statements to be considered for all offences... provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order... specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed... provide a form for requesting a restitution order; and... provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims." It also creates certain rights for victims in criminal proceedings.
Amended Code Sec.
It adds s. 2.2, 278.4(2.1), 486.31, 515(13), 606(4.1) to (4.4), 737.1, 739.1 to 739.4, and Form 48.1 in Part XXVIII. It replaces s. 287.2(1), (1)(b), 287.3(5), 287.5(2), 278.6(3), 278.7(2), (3), 423.1(1), 486(2), 486.1(1) to (3), 486.2, 486.3(1) to (4.1), 486.4(1), (1)(a), (1)(b), (2), 486.5(1), (2), (7)(b), 672.5(14), 718 (a), (f), 718.2(e), 722, 722.2, 732.1(5)(a), 737(4), 741, 741.1, 742.3(3)(a), Form 34.1 in Part XXVIII. It repeals s. 380.3, 380.4, 423.1(2), 672.5(16), 745.63(2).

2015, c. 3

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

2015, c. 1

2015, c. 1 (Bill S-221)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
Summary
"This enactment amends the Criminal Code to require a court to consider the fact that the victim of an assault [offences under s. 264.1(1)(a) or any of sections 266 to 269] is a public transit operator to be an aggravating circumstance for the purposes of sentencing."
Amended Code Sec.
s. 269.01.

2014, c. 39

2014, c. 39 (Bill C-43)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Economic Action Plan 2014 Act, No 2	2014, c. 39 (Bill C-43)	16 December 2014	?	CanLII text	{{{8}}}
Summary
Amended Code Sec.

2014, c. 32

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

2014, c. 31

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

2014, c. 25

2014, c. 25 (Bill C-36)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
Protection of Communities and Exploited Persons Act	2014, c. 25 (Bill C-36)	November 6th, 2014	December 6th, 2014	official text CanLII text	{{{8}}}
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
Tackling Contraband Tobacco Act	2014, c. 23 (Bill C-10)	November 6, 2014	April 10, 2015 [PC# 2015-0339]	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
Not Criminally Responsible Reform Act	2014, c. 6 (Bill C-14)	April 10, 2014	July 10, 2014	official text CanLII text	{{{8}}}
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
Economic Action Plan 2013 Act, No 2	2013, c. 40 (Bill C-4)	12 December 2013		{{{7}}}	{{{8}}}
Summary
Amended Code Sec.
CanLII text

2013, c. 32

2013, c. 32 (Bill C-299)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
Nuclear Terrorism Act	2013, c. 13 (Bill S-9)	June 19, 2013	November 1, 2013 [PC# 2013-0983]	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
Combating Terrorism Act	2013, c. 9 (Bill S-7)	April 25, 2013	July 15, 2013	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
Protecting Canada's Seniors Act	2012, c. 29 (Bill C-36)	December 14, 2012	January 13, 2013	official text CanLII text	{{{8}}}
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
Jobs, Growth and Long-term Prosperity Act	2012, c. 19 (Bill C-38)	May 29, 2012	?	CanLII text	{{{8}}}
Summary
Amended Code Sec.

2014, c. 15

2012, c. 15 (Bill C-310)
Act Name	Citation	Royal Assent	In force	Amendment Text	Debates
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	{{{8}}}
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
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	{{{8}}}
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
An Act to amend the Criminal Code and the Firearms Act (Ending the Long-gun Registry Act)	2012, c. 6 (Bill C-19)	April 5, 2012	April 5, 2012	official text CanLII text	{{{8}}}
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
Safe Streets and Communities Act	2012, c. 1 (Bill C-10)	March 13, 2012	June 13, 2012 (s. 52 to 107, 147) [PC# 2012-0770] August 9, 2012 (s. 10 to 31 and 35 to 38) [PC# 2012-0841] October 23, 2012 (s. 167 to 203) [PC# 2012-0841] November 6, 2012 (s. 32(1), 33, 39 to 47, 49 and 50) [PC# 2012-0841] November 20, 2012 (s. 34) [PC# 2012-0841] February 28, 2013 (s. 160) [PC# 2013-0121]	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
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	{{{8}}}
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
Protecting Victims From Sex Offenders Act	2010, c. 17 (Bill S-2)	December 15, 2010	April 15, 2011	official text CanLII text	{{{8}}}
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
An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)	2010, c. 14 (Bill S-9)	November 18, 2010	April 29, 2011	official text CanLII text	{{{8}}}
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
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	{{{8}}}
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

• < Procedure and Practice

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

Form text

• Criminal Code Forms

See Also

• Criminal Code Forms

Offences by Category

• < Criminal Law/Sentencing
• < Offences

Public Order Offences (Part II)

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

Offence	Section	Minimums	Maximums	Consecutive Time
High Treason	46(1), 47(1) and (4) and 745	25 years without parole	Life	No
Treason (overthrow gov't)	46(2)(a), (c), or (d), 47(2)(a) and 745	None	Life
Treason (espionage while at war)	46(2)(b) or (e), 47(2)(b) and 745	None	Life
Treason (espionage while not at war)	46(2)(b) or (e), 47(2)(c) and 745	None	14 years
Assist alien enemy	50(1)(a) and 50(2)	None	14 years	No
Omission to prevent treason	50(1)(b) and 50(2)	None	14 years	No
Intimidating Parliament	51	None	14 years
Sabotage	52(1)	None
Inciting to mutiny	53	None	14 years
Assisting deserter	54
Offences respecting RCMP members	56	None
Procuring identity documents	56.1(4)	None
Forgery of or uttering forged passport	57(1)	None	14 years
False information respecting passport	57(2)	None
Possession of forged passport	57(3)	None
Fraudulent use of citizenship certificate	58(1)	None
Sedition	61	None	14 years
Offences respecting military stores	62	None
Participating in a riot	65(1)	None
Concealing identity during a riot	65(2)	None
Unlawful assembly	66(1)	None
Concealment of identity during an unlawful assembly	66(2)	None
Interfering with reading of riot proclamation or refusing to cease participation in riot	68	None
Peace officer’s neglect in riot situation	69	None
Unlawful training or drilling of milita	70(3)	None
Forcible entry or forcible detainer	72 and 73	None
Piracy by law of nations	74	None
Piratical acts	75	None	14 years
Hijacking	76	None
Endangering safety of aircraft or airport	77	None
Offensive weapons and explosives on aircraft	78	None	14 years
Seizing control of ship or fixed platform	78.1(1)	None
Violent act on board a shop or platform	78.1(2)	None
False information re safe navigation	78.1(3)	None
Threats to commit offences at 78.1(2)	78.1(4)	None
Breach of duty of care re explosives endangering life	80(a)		None
Breach of duty of care re explosives risking bodily harm	80(b)	None	14 years
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm	81(1)(a), (b) and 81(2)(a)	None
Possession of explosive with intent to destroy property or intent to endanger life	81(1)(c), (d) and 81(2)(b)	None
Possession of explosive without lawful excuse	82(1)	None
Possession of explosive for criminal organization	82(2)	None	14 years	Yes (s. 82.1)
Possession, etc., of nuclear material, radioactive material or device	82.3
Use or alteration of nuclear material, radioactive material or device	82.4
Commission of indictable offence to obtain nuclear material, etc.	82.5
Threats to commit an offence relating to nuclear materials	82.6	None	14 years	No
Prize fights	83

Terrorism Offences (Part II.1)

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

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

Weapons Offences (Part III)

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

• Proving Weapons Offences
• Sentencing for Weapons Offences

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

Administration of Justice Offences (Part IV)

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

Offence	Section	Minimums	Maximums	Consecutive Time
Bribery of a member of a legislature	119(1)	None
Bribery of judicial officers	119(1)	None
Bribery of public officers	120	None
Fraud on government	121(1) and (3)	None
Contractor subscribing to election fund	121(1) and (3)	None
Selling, etc., of tobacco products and raw leaf tobacco	121.1	90, 180, or 2 years less a day (with prior conviction(s))
Breach of trust by public officer	122	None
Bribing municipal official	123(1)	None
Influencing municipal official	123(2)	None
Selling or purchasing office	124	None
Influencing appointment in office	125	None
Disobeying a statute where no other set sentence	126(1)	None
Disobey order of Court	127(1)	None
Misconduct by officers executing process	128	None
Offences relating to public or peace officers	129	None
Personation of peace officer	130	None
Perjury	131 and 132	None
False statement	134(1)	None
Witness giving contradictory evidence	136(1)	None
Fabricating evidence	137	None
False affidavits	138	None
Obstruct justice (aggravating elements of 139(2) not being made out)	139(1)	None
Obstruct justice with elements of aggravation	139(2)	None
Public mischief	140(2)	None
Compounding indictable offence	141(1)	None
Corruptly taking reward	142	None
Prison Breach	144	None
Escape and being at large without excuse	145(1)	None
Failure to attend court or surrender	145(2)	None
Failure to comply with appearance notice or summons	145(3)	None
Failure to comply with undertaking	145(4)	None
Failure to comply with release order	145(5)	None
Permitting or assisting escape	146	None
Rescue or permitting escape	147	None
Aid prisoner of war to escape	148	None

Sexual Offences and Disorderly Offences (Part V)

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

• Proving Sexual Offences
• Sentencing for Sexual Offences

Offence	Section	Minimums	Maximums	Consecutive Time

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

Invasion of Privacy Offences (Part VI)

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

Offence	Section	Minimums	Maximums	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 (s. 197 to 213)]

Offence	Section	Minimums	Maximums	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 (on ship)	207.1(3)(a)	None
Offences involving permitted lottery scheme (on ship)	207.1(3)(b)	None
Offences involving management of permitted lottery scheme	207(3)(a)	None
Offences involving permitted lottery scheme	207(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 (s. 214 to 320.1)]

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

Offences Relating to Conveyances (Part VIII.1)

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

• Proving Conveyance Offences

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

Property Offences (Part IX)

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

• Proving Fraud-based Offences
• Sentencing for Property Offences

Offence	Section	Minimums	Maximums	Consecutive Time
Possession, etc., of device to obtain use of telecommunication facility or telecommunication service	327(1)	None
Theft by person required to account	330
Theft by person holding power of attorney	331
Misappropriation of money held under direction	332
Motor vehicle theft	333.1	6 months (w/ two priors)
Theft over $5,000 or testamentary instrument	334(a)	None
Theft under $5,000 or not of testamentary instrument	334(b)	None
Take auto without consent	335(1)	None
Breach of trust	336	None
Fraud respecting cattle	338(1)	None
Theft of cattle	338(2)	None
Drift timber fraud	339(1)	None
Unlawful timber marks dealings	339(2)	None
Destroying documents of title	340	None
Fraudulent concealment	341	None
Theft, forgery of credit card	342(1)
Credit card data offence	342(3)
Instruments for credit card fraud	342.01(1)	None
Unauthorized use of computer	342.1(1)	None
Possession of device to obtain computer service	342.2(1)	None
Theft, forgery of credit card	342(1)	None
Credit card data offence	342(3)	None
Robbery	344	None
Robbery with non restricted firearm	344(1)(a.1)
Robbery with restricted firearm or for benefit of criminal organization	344(1)(a)(i) and (ii)	5 or 7 years with prior
Stopping mail with intent to obtain	345	None
Extortion (with non restricted firearm)	346(1.1)(a.1)
Extortion (with restricted firearm or for the benefit of a criminal organization)	346(1.1)(a)(i) and (ii)	5 or 7 years with prior
Extortion (no firearm or other aggravating facts)	346(1.1)(b)	None
Criminal interest rate	347(1)	None
Break and Enter into a Dwelling House	348(1)(d)	None
Break and enter of a non dwelling-house	348(1)(e)	None
Unlawfully in a dwelling-house	349(1)	None
Possession of break-in instruments	351(1)	None
Disguise with intent	351(2)	None
Possession of instruments to break into coin machines	352	None
Sale of automobile master key	353(1)	None
Failure to record sale of automobile master key	353(4)
Tampering with vehicle identification number	353.1	None
Trafficking in stolen property over $5,000	355.2, 355.5	None
Trafficking in stolen property no more than $5,000	355.2, 355.5	None
Poss'n for the purpose of trafficking in stolen property over $5,000	355.4, 355.5	None
Poss'n for the purpose of trafficking in stolen property no more than $5,000	355.4, 355.5	None
Possession of stolen goods over $5,000 or testamentary instrument	355(a)	None
Possession of stolen goods under $5,000 and not of testamentary instrument	355(b)	None
Theft from mail	356(1) and (3)	None
Bring into Canada property obtained by crime	357	None
False pretence over $5,000 or involving a testamentary instrument	362(2)(a)	None
False pretence not over $5,000 and not involving a testamentary instrument	362(2)(b)	None
Obtaining execution of valuable security by fraud	363	None
Fraud in obtaining food, beverage or lodging	364(1)	None
Forgery	366 and 367	None
Utter forged document	368(1)	None
Possess, use, traffic, etc in forgery instruments	368.1	None
Offence involving exchequer bill paper, public seal	369	None
False message	372(1) and (4)	None
Indecent phone call	372(2) and (4)	None
Harassing telephone call	372(3) and (4)	None
Drawing document without authority	374	None
Obtaining instrument based on forged document	375	None
Counterfeiting stamp	376(1)	None
Counterfeiting mark	376(2)	None
Damaging documents	377(1)	None
Offences in relation to registers	378	None

Fraudulent Transactions (Part X)

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

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

Offences Relating to Certain Types of Property (Part XI)

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

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

Currency Offences (Part XII)

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

Offence	Section	Minimums	Maximums	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 (s. 462.3 to 462.5)]

Offence	Section	Minimums	Maximums	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 (s. 463 to 467.2)]

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

Special Procedure and Powers (Part XV)

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

Offence	Section	Minimums	Maximums	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 (s. 493 to 529.5)]

Offence	Section	Minimums	Maximums	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 (s. 535 to 551)]

Offence	Section	Minimums	Maximums	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 (s. 574 to 672)]

Offence	Section	Minimums	Maximums	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 (s. 672.1 to 672.95)]

Offence	Section	Minimums	Maximums	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 (s. 697 to 715.2)]

Offence	Section	Minimums	Maximums	Consecutive Time
Contempt of court	708

Sentencing (Part XXIII)

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

Offence	Section	Minimums	Maximums	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 (s. 752 to 761)]

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

Summary Convictions (Part XXVII)

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

Offence	Section	Minimums	Maximums	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

• Proving Drug Offences
• Sentencing for Drug Offences

Offence	Section	Minimums	Maximums	Consecutive Time

Youth Criminal Justice Act Offences

Offence	Section	Minimums	Maximums	Consecutive Time
Inducing a Young Person	136 YCJA
Breach of a Youth Order	137, 138 YCJA

Repealed and Unconstitutional Offences

Offence	Section	Minimums	Maximums	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

Offences

• List of Straight Indictable Offences
• List of Hybrid Offences
• List of Summary Conviction Offences

See Also

• List of Offences by Category

List of Hybrid Offences=

Maximum Penalty of 14 Years Imprisonment by Indictment

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

Maximum Penalty of 10 Years Imprisonment by Indictment

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

Maximum Penalty of 7 Years Imprisonment by Indictment

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

Maximum Penalty of 5 Years Imprisonment by Indictment

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

Maximum Penalty of 5 Years Less a Day Imprisonment by Indictment

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

Maximum Penalty of 4 Years Imprisonment by Indictment

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

Maximum Penalty of 3 Years Imprisonment by Indictment

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

Maximum Penalty of 2 Years Imprisonment by Indictment

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

Previous Offences

• List of Hybrid Offences (Previous)

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	No
Possession of prohibited or restricted weapon with ammunition Until September 19, 2019	95(2)	??	?	No
Sexual interference November 1, 2005 to August 9, 2012	151	45 days	18 months	No
Invitation to sexual touching August 9, 2012 to July 17, 2015	152	1 year jail (I) 90 days (S)	18 months	No
Invitation to sexual touching November 1, 2005 to August 9, 2012	152	45 days jail	18 months	No
Sexual exploitation August 9, 2012 to July 17, 2015	153(1.1)	1 year (I) 90 days (S)	18 months	No
Sexual exploitation November 1, 2005 to August 9, 2012	153(1.1)	45 days	18 months	No
Sexual interference August 9, 2012 to July 17, 2015	151	1 year (I) 90 days (S)	18 months	No
Anal intercourse (unconstitutional) [Repealed]	159(1)	None	summary conviction	No
Bestiality in presence of child 1985 to August 9, 2012	160(3)	None	Summary conviction	Yes (s. 718.3(7))a
Bestiality in presence of child August 9, 2012 to July 17, 2015	160(3)	1 year	2 years less a day	Yes (s. 718.3(7))a
Making Child Pornography August 9, 2012 to July 17, 2015	163.1(2)	1 year	two years less a day	Yes (s. 718.3(7))a
Making Child Pornography November 1, 2005 to August 9, 2012	163.1(2)	1 year	18 months	Yes (s. 718.3(7))a
Distribution of Child Pornography August 9, 2012 to July 17, 2015	163.1(3)	12 months	two years less a day	Yes (s. 718.3(7))a
Distribution of Child Pornography November 1, 2005 to August 9, 2012	163.1(3)	1 year	18 months	Yes (s. 718.3(7))a
Luring a child August 9, 2012 to July 17, 2015	172.1(2)	1 year	18 months	Yes (s. 718.3(7))a
Luring a child June 22, 2007 to August 9, 2012	172.1(2)	None	18 months	Yes (s. 718.3(7))a
Agreement or arrangement — sexual offence against child August 9, 2012 to July 17, 2015	172.2	1 year	18 months	Yes (s. 718.3(7))a
Assault with a Weapon Until September 19, 2019	267(a)	None	18 months	No
Assault Causing Bodily Harm Until September 19, 2019	267(b)	None	18 months	No
Unlawfully cause bodily harm Until September 19, 2019	269	None	18 months	No
Assault of peace officer with a weapon or causing bodily harm Until September 19, 2019	270.01	None	18 months	Yes (s. 270.03)
Sexual Assault, victim under 16 years August 9, 2012 to July 17, 2015	271(a)	1 year	18 months	No
Sexual Assault 1994 to August 9, 2012	271(1)(a)	None	18 months	No
Unlawful confinement, imprisonment, seizure Until September 19, 2019	279(2)	None	18 months	No
Motor vehicle theft Until September 19, 2019	333.1	6 months (with 2 or more priors)	18 months	No
Mischief to religious building etc Until September 19, 2019	430(4.1)	None	18 months	No
Mischief relating to war memorials Until September 19, 2019	430(4.11)	$1,000, 14 days jail, 30 days jail	18 months	No

Maximum Penalty of 5 Years Imprisonment by Indictment

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

Maximum Penalty of 4 Years Imprisonment by Indictment

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

Maximum Penalty of 2 Years Imprisonment by Indictment

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

Other

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

List of Straight Indictable Offences

Minimum Punishment is Imprisonment for Life

Offence	Section	Minimums	Mandatory Consecutive Time
High Treason	46(1), 47(1) and 745	25 years without parole	No
Treason (overthrow gov't)	47 (2)(a), (c), or (d) and 745	None	No
Treason (espionage while at war)	47 (2)(b) or (e) and 745	None	No
First Degree Murder	235 and 745	25 years without parole	Varies
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity)	235 and 745	25 years without parole	Varies
Second Degree Murder	235 and 745	10 years without parole	Varies

Maximum Punishment of Imprisonment for Life

Offence	Section	Minimums	Mandatory Consecutive Time
Interfering with reading of riot proclamation or refusing to cease participation in riot	68	None	No
Piracy by law of nations	74	None	No
Hijacking	76	None	No
Endangering safety of aircraft or airport	77	None	No
Seizing control of ship or fixed platform	78.1(1)	None	No
Violent act on board a shop or platform	78.1(2)	None	No
False information re safe navigation	78.1(3)	None	No
Threats to commit offences at 78.1(2)	78.1(4)	None	No
Breach of duty of care re explosives endangering life	80(a)	None	No
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm	81(1)(a), (b) and 81(2)(a)	None	No
Possession, etc., of nuclear material, radioactive material or device	82.3	None	No
Use or alteration of nuclear material, radioactive material or device	82.4	None	No
Commission of indictable offence to obtain nuclear material, etc.	82.5	None	No
Committing an Offence for a Terrorist Group	83.2	None	Yes (s. 83.26)
Instructing activity for terrorist group	83.21(1)	None	Yes (s. 83.26)
Instructing terrorist activity	83.22(1)	None	Yes (s. 83.26)
Hoax re terrorist activity (causing death)	83.231(4)	None	No
Break and enter to steal firearm	98(4)	None	No
Robbery to steal firearm	98.1	None	No
Causing death by criminal negligence (involving the use of a firearm)	220(a)	4 years imprisonment	No
Negligence causing death (no firearm)	220(b)	None	No
Manslaughter (involving use of a firearm)	236(a)	4 years	No
Manslaughter (not involving use of a firearm)	236(b)	None	No
Killing unborn child in act of birth	238	None	No
Attempted Murder (with restricted or prohibited firearm)	239(1)(a)(i) and (ii)	5 or 7 years with prior	No
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm)	239(1)(a.1)	4 years	No
Attempt to commit murder (no use of a firearm)	239(1)(b)	None	No
Accessory after fact to murder	240	None	No
Overcoming resistance to commission of offence	246	None	No
Interfere with transportation likely to cause death	248	None	No
Manslaughter (Failure to safeguard ice opening or excavation resulting in death)	236, 263(3)(a)	None	No
Sexual assault with a weapon or causing bodily harm, victim under 16 From July 17, 2015	272(2)(a.2)	5 years jail	Yes (s. 718.3(7))a
Aggravated sexual assault victim under 16 years From November 6, 2012	273(2)(a.2)	5 years jail	Yes (s. 718.3(7))a
Aggravated sexual assault with restricted firearm or for a criminal organization	273(2)(a)(i) and (ii)	5 or 7 years with prior	No
Aggravated sexual assault with a non restricted firearm	273(2)(a.1)	4 years	No
Aggravated sexual assault without a firearm	273(2)(b)	None	No
Kidnapping, trafficking in persons, hostage taking and abduction with restricted firearm etc or for a criminal organization	279(1.1)(a)(i) and (ii)	5 or 7 years with prior	No
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm	279(1.1)(a.1)	4 years	No
Kidnapping, trafficking in persons under the age of 16, hostage taking and abduction From June, 2013	279(1.1)(a.2) From June 23, 2013	5 years	No
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm	279(1.1)(b)	None	No
Hostage taking with restricted firearm or for benefit of criminal organization	279.1(2)(a)(i) and (ii)	5 or 7 years with prior	No
Hostage taking with a non-restricted firearm	279.1(2)(a.1)	4 years	No
Hostage taking (without aggravating elements)	279.1(2)(b)	None	No
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death)	279.01(1)(a)	5 years	No
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death)	279.011(a)	6 years	Yes (s. 718.3(7))a
Abortion	287(1)	None	No
dangerous operation when accident causes death From December 18, 2018	320.13(3), 320.21	$1,000 fine, 30 days or 90 days jail	No
Operation While Impaired or Blood Concentration Over and Causing Death From December 18, 2018	320.14(3), 320.21	$1,000 fine, 30 days or 90 days jail	No
Refusal When Accident Resulting in Death From December 18, 2018	320.15(3), 320.21	$1,000 fine, 30 days or 90 days jail	No
Failure to stop after accident resulting in death From December 18, 2018	320.16(3), 320.21	$1,000 fine, 30 days or 90 days jail	No
Robbery	344	None	No
Robbery with non restricted firearm	344(1)(a.1)	4 years	No
Robbery with restricted firearm or for benefit of criminal organization	344(1)(a)(i) and (ii)	5 or 7 years with prior	No
Stopping mail with intent to obtain	345	None	No
Extortion (with restricted firearm or for the benefit of a criminal organization)	346(1.1)(a)(i) and (ii)	5 or 7 years with prior	No
Extortion (with non restricted firearm)	346(1.1)(a.1)	4 years	No
Extortion (no firearm or other aggravating facts)	346(1.1)(b)	None	No
Break and Enter into a Dwelling House	348(1)(d)	None	No
Mischief causing actual danger to life	430(2)	None	No
Explosives offence re public or government facility	431.2(2)	None	No
Arson (disregard for human life)	433	None	No
Conspiracy to commit murder	465(1)(a)	None	No
Instructing commission of offence for criminal organization	467.13(1)	None	Yes (s. 467.14)
First or Second Degree Murder (Young Offender)	745.1	5 to 7, 10 years (variable)	No
Drug Trafficking (Schedule I)	CDSA 5	None	No
Drug Trafficking (Schedule I), with relevant aggravating factors (crim. org., violence, weapons, prior record) From March 13, 2012	CDSA 5	1 year	No
Drug Trafficking (Schedule I), with relevant aggravating factors (near school, near or with young persons, in prison) From March 13, 2012	CDSA 5	2 year	No
Drug Trafficking (Schedule II)	CDSA 5	None	No
Drug Trafficking (Schedule II), with relevant aggravating factors (crim. org., violence, weapons, prior record) From March 13, 2012	CDSA 5	1 year	No
Drug Trafficking (Schedule II) with relevant aggravating factors (near school, near or with young persons, in prison) From March 13, 2012	CDSA 5	2 year	No
Importation and exportation of drugs (Schedule I), not greater than 1 kg From March 13, 2012	CDSA 6	None	No
Importation and exportation of drugs (Schedule I), not greater than 1 kg and aggravating factors From March 13, 2012	CDSA 6	1 year	No
Importation and exportation of drugs (Schedule I), greater than 1 kg From March 13, 2012	CDSA 6	2 years imprisonment	No
Importation and exportation of drugs (Schedule II)	CDSA 6	None	No
Importation and exportation of drugs (Schedule II) with aggravating factors From March 13, 2012	CDSA 6	1 year	No

Maximum Punishment is Imprisonment for 14 Years

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

Maximum Punishment of 10 Years

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

Maximum Punishment of 7 years

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

Maximum Punishment is Imprisonment for 5 Years

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

Maximum Punishment is Imprisonment for 5 Years Less a Day

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

Maximum Punishment is Imprisonment for 2 Years

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

Maximum Punishment is Imprisonment for 18 Months

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

Previous

• List of Straight Indictable Offences (Previous)

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

Maximum Punishment of 10 years less a day

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

Maximum Punishment is Imprisonment for 5 Years

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

Maximum Punishment is Imprisonment for 2 Years

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

List of Summary Conviction Offences

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

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

Maximum Punishment is Imprisonment for 90 days

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

Previous

Maximum Punishment is Imprisonment for 12 Months

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

Maximum Punishment is Imprisonment for 6 Months

Offence	Section	Maximum Fine	Minimums	Consecutive Time
Offensive volatile substance	178	$5,000*	None	No
Found-in in bawdy-house	210(2)	$5,000*	None	No
Transporting person to bawdy-house	211	$5,000*	None	No
Failure to keep watch on person towed	250(1)	$5,000*	None	No
Towing of person by vessel after dark	250(2)	$5,000*	None	No
Breach of prohibition on use of bodily substance under a s. 258 sample demand	258.1(1),(2), and (5)	$5,000*	None	No
Breach of publication prohibition re 276.1 applications	276.3(2)	$5,000*	None	No
Pretending to practice witchcraft	365	$5,000*	None	No
False claim of royal warrant	413	$5,000*	None	No
Trading stamp offence by non-merchant	427(1)	$5,000*	None	No
Trading stamp offence by merchant	427(2)	$5,000*	None	No
Importing or exporting instruments or literature for illicit drug use	462.2(a)	$100,000	None	No

References

• Note See s. 787 re: summary conviction fines

See Also

• List of Offences by Category

Guilty Plea Checklist

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Checklist

UNDERSTAND WAIVED RIGHTS ☐ Waiver of right to a trial, including a jury trial for indictable offences ☐ Waiver of the presumption of innocence ☐ Waiver of the Crown burden to prove the essential elements of the offence beyond a reasonable doubt ☐ Waiver of right to challenge procedure, including all procedural Charter rights ☐ Waiver of all rights of appeal, except appeal of the sentence ☐ Limited waiver of the right to bail RETAINED RIGHTS ☐ Right to dispute the facts as they are alleged outside of bare essential elements of proof ☐ Right to dispute penalties advanced by the Crown ☐ Personal right to review full disclosure (ie. all relevant materials) ☐ Right to address the judge before sentence is passed ☐ Right to apply for a Pardon (select offences) ANALYSIS OF CASE WITH CLIENT BEFORE ENTERING PLEA ☐ Opportunity to review all relevant materials ☐ Explain of essential elements of the offence ☐ Aware of all defences that have an “air of reality” ☐ Review Agreed Statement of Fact (if any) ☐ Discuss Merits of the Crown and Defence cases ☐ sufficient time to review the evidence, elements of proof and defences INFORM CLIENT BEFORE ENTERING PLEA ☐ Aware that judge has final say on sentence, including ancillary orders, etc. ☐ The plea must be voluntary (not oppressive or coerced) ☐ The plea must be unconditional and unequivocal ☐ Position of the Crown on penalty (if known) ☐ Procedure for Guilty Plea, including inquiry from judge under s. 606(1.1)

DIRECT CONSEQUENCES OF SENTENCING ☐ Crown right to seek revocation of bail upon finding of guilt ☐ Maximum penalty for each count and possibility of consecutive penalties per count ☐ Available and unavailable sentencing options (e.g. discharges or conditional sentence orders) ☐ Maximum and minimum penalties for the offences ☐ Expected ranges ☐ Potential Ancillary Orders including: ☐ Weapons Prohibition ☐ Section 161 Order ☐ Driving Prohibition ☐ Forfeiture of property seized ☐ SOIRA Sex Offender Registry ☐ DNA Order ☐ Victim Fine Surcharge ☐ Restitution, as part of probation or as “stand-alone” ☐ Fine-in-Lieu of Forfeiture including penalties in default ☐ Also discuss the duration of the order and the ability to terminate the order early. ☐ The possibility of Crown seeking a Long-Term Offender Order or a Dangerous Offender Order OTHER CONSEQUENCES OF GUILTY PLEA ☐ Potential of movement of offender between jails or even out of province in federal penitentiary ☐ Immigration consequences, including deportation upon completion of term of custody ☐ Provincial Motor Vehicle Act consequences and effect on insurance premiums ☐ Provincial Sex Offender registry ☐ Restrictions on international travel ☐ Impact family court proceedings (custody and access to children; apprehension of children) ☐ Impact on civil lawsuit proceedings ☐ Impact on employment, including professional licensing ☐ Impact on education program eligibility ☐ Effect on retention of youth criminal record

See Also

• Guilty Plea Checklist (Google Docs)
  • Ontario Legal Aid Guilty Plea Checklist (pdf form)

Precedents

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• < Precedents

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

Templates and Precedents

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

• Precedent - Generic Application

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)

Procedural

• Precedent - Designation of Counsel
• Precedent - Application to Withdraw as Counsel
• Precedent - Application to Adjourn Trial
• Precedent - Notice of Re-Election
• Precedent - Transportation Orders
• Precedent - Application to Quash Charges
• Precedent - Notice to Amend Charges to Conform to Evidence

Witnesses

• Precedent - Testimony by Video-link
• Precedent - Testimonial Aids

Disclosure and Records

• Precedent - Disclosure-related Filings
  • Precedent - Stinchcombe Application
  • Precedent - O'Connor Application
• Precedent - Sexual Offence Matters
  • Precedent - Section 278.3 Application
  • Precedent - Section 276 Application
  • Precedent - Seaboyer Application
• Precedent - Application to Unseal Judicial Authorization

Juries

• Precedent - Jury Trial Filings

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 - Shortcut to Proof
  • Precedent - Agreed Statement of Fact
• Precedent - Notice to Admit Preliminary Inquiry Evidence
• Precedent - Notice to Admit Wiretap Evidence

Variations

• Precedent - Vary Release or Sentence Order

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 - Forfeiture of Property Under Section 490(9)
  • Precedent - Forfeiture of Property Under 117.05
  • Precedent - Forfeiture Under 164.2
• Precedent - Estreatment Application

Sentencing

• Precedent - Section 161 Orders

Appeals and Reviews

• Precedent - Appeals
• Precedent - Judicial Review

Consents, waivers and undertakings

• Precedent - Consent to Further Detention of Property
• Precedent - Consent to Forfeit Property

Misc

• Precedent - Crown Letter re Admissions
• Precedent - Counsel Letters
• Precedent - Notice to Appear in Chambers
• Precedent - Brief Cover Pages
• Precedent - Exhibit Cover Pages
• Precedent - Search and Seizure

Court Forms

• Draft Informations and Indictments

Substantive Precedents

Bail

• Bail Brief (Generic)
• Bail Release Form (pre-2019 amendments)

Sentencing

• Disposition Form
• Sentencing Brief (Generic)
• Sentencing for Luring Brief
• Sentencing for Fraud Over $5,000

Judgement on Trial

• Closing Submissions
• Trial Judgement

Judgements on Sentence

• Sentencing Judgement

See Also

• Criminal Code Forms

Precedents, Court Forms and Checklists

• < 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
• Trial Preparation Checklist
• Guilty Plea Checklist
• Objections Cheatsheet
• Admissibility Checklist

• Police Checklists
  • ITO Drafting Checklist

Charts

• Judicial Authorization Chart
• Motions Chart
• Criminal Code Section Cheat Sheet

Precedents

• Precedents

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

Newfoundland and Labrador

• Supreme Court Forms, Summary Conviction Appeals, and General Forms

New Brunswick

• Provincial Court Rules and Forms
• Court of Queen's Bench Forms

Nova Scotia

• Nova Scotia Provincial Court Forms and Other Court Documents
• Nova Scotia Supreme Court Forms (Google docs)
  • summary conviction notice of appeal [Form 63]
  • Notice to extend deadline for notice to appeal

Ontario

• Forms under the Criminal Rules of the Ontario Court of Justice
• Forms under the Criminal Proceedings Rules of the Superior Court of Justice

Manitoba

• Manitoba Courts, Provincial Court forms
  • Provincial Court Practice Directives
• Court of Queen's Bench Forms (Criminal)

Alberta

• Provincial Court Practice Directions and Forms
• Queen's Bench Criminal Forms

British Columbia

• Provincial Court and Supreme Court (Criminal) Forms

Form of Charges

• Draft Form of Charges

Criminal Code Forms

• Criminal Code Forms

Tools

• http://draw.io
• https://getgreenshot.org/
• http://sheets.google.com
• http://docs.google.com

See Also

• Rules of Court
• Model Examinations (Criminal Law)

Precedent - Appeals

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

Indictable Offence Appeal

• Precedent - Appeals - Indictable Offence Appeal

Summary Conviction Appeal

• Precedent - Appeals - Summary Offence Appeal

Precedent - Charter Applications

1. REDIRECT Precedent - Generic Charter Application

Precedent - Counsel Letters

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

Disclosure Request Letter

DISCLOSURE LETTER

I have received and reviewed the initial disclosure package in the above-noted matter. I have reason to believe there exists materials of potential relevance that has not been disclosed and is required for full answer and defence. I wish to request as additional disclosure the following materials listed below. Should any of the requested records not be in the possession of the Crown but are reasonably believed to exist, a will-say to that effect would be requested. Should any materials be in the police or Crown counsel related to this prosecution that has not be disclosed after review for relevancy and privilege, I would kindly ask that the records be identified where not otherwise clearly outlined previously, along with an indication of the reasons for withholding the record. "Records", for the purpose of this request, include all typed or handwritten statements or notes, reports, letters, emails, memos, calendars, audio or video recordings. This would include any electronically stored records, including those that were previously deleted but are recoverable by forensic means. I would kindly ask for disclosure of the following material records: All records relating the statements (formal or informal, recorded, reduced to writing, or otherwise) given by the following relevant persons: [list people and identify the specific format of the statement if known] ... All records that are referenced by [witness] during their interview on [date]. If present in disclosure, I would kindly appreciate that you could identify where in disclosure this could be found. These records consist of: [list the items that are mentioned in the particular statement] ... All relevant communications between AA and BB during the period of XX and YY. Judicial Authorizations A copy of the following Information(s) to Obtain: [list the type of warrant and the date of issuance] ... A copy of the following documents reviewed by the affiant before swearing the judicial authoriation(s): [list documents referenced in the ITO as being relied up] A copy of the record or photograph of the item listed in the exhibit report from the search of [date], consisting of the following: [list items in the search exhibit list that needs to be disclosed in record-form or simply photographed, such as a real object] Informer Evidence Supporting an ITO Any source handler notes that were created by the handler that related to information provided to the affiant prior to the swearing of the Information to Obtain. Should this request be denied on the basis of informer privilege, I would kindly ask for a list of note entries and total number of pages that satisfy this request. Other Investigations A copy of investigative file # ________ [assuming there is a material connection to the case] Completness of Materials Please confirm that the entire contents of XXX was provided in disclosure. If not complete, we would kindly ask for the entirety of the contents. Legibility and Redactions The following pages of disclosure are illegible. I would kindly ask if you could provide a legible copy. The following pages of disclosure have been redacted without notation as to the reason why. Could you kindly indicate the nature of the contents and reason for redaction. Please advise me if I can be of any assistance and can clarify anything part of this request.

Precedent - Disclosure-related Filings

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Undertakings

Undertaking When Disclosing Sensitive Electronically Materials

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] UNDERTAKING (Electronic Device(s)) I, ________________________________, Defence Counsel for ______________________________ in relation to Criminal charges under Section(s) ______________________ arising on or between (insert date here)_________________________, by accepting receipt of (insert device name here) ____________________ (hereinafter “device”) do hereby undertake as follows: I will keep the device in my possession and control and store it in a secure place within my law offices; I will not release custody of the device to any person except members of [appropriate police force], or members of the [Crown attorney office]; I will not permit any other lawyers or staff within my office to have access to the contents of the device; I will not disclose the password for the device to anyone, except in relation to a retained expert; I will only permit access to the device by an expert retained by me in accordance with the following provisions: My expert will only have access to the device for the purposes of forensic examination and presentation of evidence in the trial of this matter; I will take all reasonable steps to ensure that my expert uses the device in a secure manner; I will ensure my expert does not copy the contents of the device except for legitimate forensic purposes; Should my expert be required to copy the contents of the device for legitimate forensic purposes, I will ensure that all copies are accounted for and dealt with in accordance with the undertaking including ensuring that all copies of the contents of the device are securely erased from my expert’s computer in accordance with the terms of these undertakings; Should my expert require the use of the contents of the device at their business premises located at ___________________________ for legitimate forensic purposes, I will ensure that the device is at that location for only as long as is necessary and that the device and its contents will be handled by my expert in a secure manner; Prior to permitting my expert to remove the device and its contents from my premises, I will provide Crown Counsel with notice of my intention and provide Crown Counsel with all relevant information as to the means by which the device will be kept secure I will not release the device to my expert without the express consent of Crown Counsel I will not permit the accused to possess or control the device; I will not allow any persons except my expert, and the accused while in my presence, to view the images or videos contained within the device; I will not, nor will I permit any person employed at my office, to make any copies of the contents of the device except for the purposes of preparation and presentation of the defence in this matter including any appeals or retrials; any copies of any portion of the contents of the device made by me or any person employed at my offices will either be returned to members of the [appropriate police] or members of the [Crown attorney], or securely erased in accordance with these undertakings; I will not connect the device to the internet, either through a hardwired connection or wirelessly; I will not connect a storage medium to the device; for the purposes of this undertaking I understand “securely erased” means the following: All the copies of the device or any portion of it will be deleted from all computers to which I have copied it; I will obtain and use digital wiping software to overwrite the entirety of my computers unallocated storage space; I understand the term “unallocated space” means all digital storage space contained on the computer that is not currently being used by computers operating system; at the conclusion of all litigation in relation to these charges, I will return the device that was provided to me to [approrpriate police] or a member of [Crown attorney office]; I will erase my record of the device’s password that I have been given; I will return the device promptly at any time that the Crown Counsel requests DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________ Counsel for the Defence _________________________________________ Witness

Precedent - Exhibit and Brief Cover Pages

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

Briefs

Cover of Brief
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED/APPLICANT/RESPONDENT BRIEF OF LAW On the Issue of [description of issue] [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Contents
TABLE OF CONTENTS Page PART I: OVERVIEW OF POSITION AND STATEMENT OF FACTS X 1. Overview of the Position X a. The Offences X PART II: STATEMENT OF ISSUES X PART III: STATEMENT OF ARGUMENT X PART IV: ORDER SOUGHT X PART V: TABLE OF AUTHORITIES X
Body of Brief
PART I: OVERVIEW [1] Lorem ipsum dolor sit amet, consectetur adipiscing elit. Omnis enim est natura diligens sui. Duo Reges: constructio interrete. Videmusne ut pueri ne verberibus quidem a contemplandis rebus perquirendisque deterreantur? Quid censes in Latino fore? Quid, quod res alia tota est? Quodcumque in mentem incideret, et quodcumque tamquam occurreret. Quodsi ipsam honestatem undique pertectam atque absolutam. Ut optime, secundum naturam affectum esse possit. [2] Quaesita enim virtus est, non quae relinqueret naturam, sed quae tueretur. Claudii libidini, qui tum erat summo ne imperio, dederetur. Graece donan, Latine voluptatem vocant. Tertium autem omnibus aut maximis rebus iis, quae secundum naturam sint, fruentem vivere. Recte dicis; Qua ex cognitione facilior facta est investigatio rerum occultissimarum. Quia dolori non voluptas contraria est, sed doloris privatio: Quam illa ardentis amores excitaret sui! Cur tandem? Cum audissem Antiochum, Brute, ut solebam, cum M. Quamvis enim depravatae non sint, pravae tamen esse possunt. Deinde qui fit, ut ego nesciam, sciant omnes, quicumque Epicurei esse voluerunt? Illis videtur, qui illud non dubitant bonum dicere -; Fortitudinis quaedam praecepta sunt ac paene leges, quae effeminari virum vetant in dolore. Videamus animi partes, quarum est conspectus illustrior; Cur igitur, cum de re conveniat, non malumus usitate loqui? Ut pulsi recurrant? Cur id non ita fit? Utinam quidem dicerent alium alio beatiorem! Iam ruinas videres. A mene tu? [3] Graece donan, Latine voluptatem vocant. Tertium autem omnibus aut maximis rebus iis, quae secundum naturam sint, fruentem vivere. Recte dicis; Qua ex cognitione facilior facta est investigatio rerum
Table of Authorities
PART V: TABLE OF AUTHORITIES CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X

Book Of Authorities

Book of Authorities Cover
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] BOOK OF AUTHORITIES [description of the type of application] [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Authorities
TABLE OF AUTHORITIES CASES TAB R v X R v X R v X

Precedent - Forfeiture and Estreatment

1. REDIRECT Precedent - Forfeiture of Property

Precedent - Generic Application

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

Generic Application

Index

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

Notice

NOTICE OF APPLICATION/MOTION (GENERIC)

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF APPLICATION/MOTION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOWING GROUNDS [SET OUT grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order allowing the Application and granting [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx.xxx DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.] [Internal File Coding]

Reply Notice

REPLY NOTICE OF APPLICATION/MOTION (GENERIC)

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] REPLY NOTICE OF APPLICATION/MOTION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; 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 [grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order allowing the Application and granting [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx.xxx DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.] [Internal File Coding]

Evidence Affidavit

AFFIDAVIT (GENERIC)
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true. ... SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]
EXHIBIT A [DESCRIPTION]
EXHIBIT B [DESCRIPTION]

Affidavit of Service

Affidavit of Service

IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION [relevant section for service] OF THE CRIMINAL CODE AND IN THE MATTER OF [person to serve] AFFIDAVIT OF SERVICE I, [name], of [city], in the County of [count], Province of [province], make oath and say as follows: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I am a member of [organization] and am a [peace officer/other designation]. I did, on the ________ day of ___________, 20__, before the hour of _______ in the _____ noon, personally serve [person to serve], with true copies of the documents attached hereto to this my Affidavit, consisting of: [list the notices, and other documents served] My means of knowledge as to the identity of the person so served were as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) Acknowledgment of Service I, [name of person accepting service], hereby acknowledge that I have received, from [organization issuing service], the within document and the attachments thereto this ___ day of __________, 20__ on behalf of [actual person needing notice], [name of actual person], and that the receipt of same constitutes valid service and notice pursuant to the relevant legislation and Rules of Court. ____________________________________ [name of person accepting service] [title of person accepting service]

Draft Order

DRAFT ORDER (GENERIC)

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] ORDER ' BEFORE THE HONOURABLE Judge or Justice [name of judge or justice] at [community/city], [province]. UPON the Application of counsel for [party] for an order pursuant to section [section] of the Criminal Code that ....; WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND UPON BEING SATISFIED THAT... IT IS HEREBY ORDERED THAT ... FURTHER, IT IS HEREBY ORDERED THAT ... DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [name of title and judge] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.] [Internal File Coding]

Draft Dismissal Order

DRAFT ORDER OF DISMISSAL (GENERIC)

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] ORDER ' BEFORE THE HONOURABLE Judge or Justice [name of judge or justice] at [community/city], [province]. REASONS FOR JUDGEMENT having been delivered on [date] by [name of judge or justice]; IT IS HEREBY ORDERED THAT the application for [subject of appliaction] is dismissed with no costs awarded. IT IS FURTHER ORDERED THAT ... DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [name of title and judge] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.] [Internal File Coding]

Precedent - Jury Trial Filings

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

Precedent - Notice to Admit Canada Evidence Act Records

Precedent - Notice to Admit Canada Evidence Act Records

Precedent - Notice to Amend Charges to Conform to Evidence

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Notice to Amend Charges to Conform to Evidence

NOTICE OF APPLICATION

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN Applicant – and – [ACCUSED NAME] Respondent NOTICE OF APPLICATION (Amend Charge(s) Pursuant to Section 601(2) of the Criminal Code) WHEREAS the accused, [accused name], has been charged that [on or about/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. THE APPLICANT RELIES ON THE FOLLOW GROUNDS [grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx.xxx DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

Affidavit

AFFIDAVIT
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I am aware of information, obtained through the usual and ordinary course of business and believed to be reliable, that has lead me to believe that [accused name] is currently being held in [correctional/remand facility] located at [address of correctional/remand facility], that that the prisoner is required to appear before the [level] at [location of the court house], [Province], on [date], [year], at [time] for the purpose of [purpose]. I believe the ends of justice require that an order be made to bring the prisoner before the Court for that purpose. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]
EXHIBIT A [DESCRIPTION]
EXHIBIT B [DESCRIPTION]

Precedent - Procedural Filings

Precedent - Procedural Filings

Precedent - Sexual Offence Matters

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Precedent - Shortcut to Proof

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Authentication of Documents

Affidavit Authenticating Docs in Possession

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer]; My role as Support Staff I am tasked with duties including: Preparing, sending, receiving, printing, cataloguing and filing of prosecution documents, including [name of specific type documents at issue such as disclosure, court records, transcripts], in relation to [name of lawyer's] active criminal files; Requesting copies of court records and transcriptions of court hearings for [name of lawyer]; I have completed the tasked duties listed above in relation to the prosecution documents in possession of my office on the matter of [name of file] I do verily believe that the following documents are true copies of the prosecution documents, including disclosure, court records, court transcripts, and other materials that I have prepared, received, printed, and/or catalogued as part of my duties in relation to the noted matter: Exhibit 1: ... ... SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]

Websites

Affidavit Authenticating Webpages

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer]; My role as Support Staff I am tasked with duties including requesting, receiving, collecting and compiling records and documents, including those held by the courts, parties to proceedings, or third-parties, relevant to the proceedings against active criminal files managed by [name of lawyer]; On or around [date], I was tasked with accessing and preserving a named publicly available webpage, identified by the URL web address (hereinafter "webpage"): [name of URL] On [date], I accessed the requested webpage using [name of web browser. e.g. Safari, Chrome, Internet Explorer] on my office workstation. To the best of my knowledge and experience, they were functioning properly while I accessed the webpages. At no time did I observe any system errors or failures in the systems that I believe could reasonably affect their integrity. I do not have any reason to believe that the systems I was using were not operating properly. I preserved the webpage by [printing the page, making a screenshot, or downloading the page]. I do verily believe that the following documents are true copies of the preserved webpage that I viewed online on [date of access]: Exhibit 1: ... The documents fairly and accurately represent [describe the information that is claimed to be accurate] that was visible to me when accessing the webpage using the web browser. Any artifacts visible on the document do not affect [information that is claimed to be accurate] SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]

Google Maps and Streetview

Affidavit Authenticating Webpages

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer]; My role as Support Staff I am tasked with duties including requesting, receiving, collecting and compiling records and documents, including those held by the courts, parties to proceedings, or third-parties, relevant to the proceedings against active criminal files managed by [name of lawyer]; On or around March 19, 2019, I was tasked with accessing and preserving a named publicly available webpage, identified by the URL web address (hereinafter "webpage"): http://maps.google.ca On [date], I accessed the requested webpage using [name of web browser. e.g. Safari, Chrome, Internet Explorer] on my office workstation. To the best of my knowledge and experience, they were functioning properly while I accessed the webpages. At no time did I observe any system errors or failures in the systems that I believe could reasonably affect their integrity. I do not have any reason to believe that the systems I was using were not operating properly. I am able to preserve the webpage by [printing the page, making a screenshot, or downloading the page]. I went online and accessed the website http://maps.google.ca. I used the interface to search for the following locations and displayed them in “satellite view”. Using the interface I am able to view the area in a standard map format or a satellite format. I am able to view the map top-down from any cardinal direction or at angles simulating a “bird’s eye” view. I located and preserved Google Map views showing following: Exhibit 1a: ... On or around the same time and place, I went online and accessed the website http://maps.google.ca. I used the interface to search for the following locations and displayed them in “street view". Using the interface, I am able to view a 360-degree panoramic photograph taken from any selected street on the map. I located and preserved Google Streetview views showing the following: Exhibit 1b: ... The documents fairly and accurately represent [describe the information that is claimed to be accurate] that was visible to me when accessing the webpage using the web browser. Any artifacts visible or cropping of edges on the document do not affect [information that is claimed to be accurate and fairly represented]. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]

Precedent - Transportation Orders

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Notice

NOTICE OF APPLICATION TO TRANSPORT PRISONER

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER of an Application under section 527 of the Criminal Code – and – BETWEEN: HER MAJESTY THE QUEEN – 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 [grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx.xxx DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

Affidavit

AFFIDAVIT (TRANSPORT)
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE – and – BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I am aware of information, obtained through the usual and ordinary course of business and believed to be reliable, that has lead me to believe that [accused name] is currently being held in [correctional/remand facility] located at [address of correctional/remand facility], that that the prisoner is required to appear before the [level] at [location of the court house], [Province], on [date], [year], at [time] for the purpose of [purpose]. I believe the ends of justice require that an order be made to bring the prisoner before the Court for that purpose. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]
EXHIBIT A [DESCRIPTION]
EXHIBIT B [DESCRIPTION]

Draft Order

DRAFT TRANSPORT ORDER / PICKUP ORDER

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE – and – BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] ORDER TO TRANSPORT A PRISONER (Pursuant to Section 527 of the Criminal Code) TO: THE SUPERINTENDENT OF THE [Name of facility], [province] BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province]. WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code to have the accused appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on [date], at the hour of [time] for the [type of hearing]. AND UPON BEING SATISFIED that the ends of justice require that this Order be made; IT IS HEREBY ORDERED that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order; AND IT IS FURTHER ORDERED that you, the Superintendent or your delegate, bring the accused to the courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [name of title and judge] TO: [Peace officer / sherriff] [address] AND TO: Person in Charge of the detention facility [address] [Internal File Coding]

Videoconference

DRAFT TRANSPORT ORDER / PICKUP ORDER

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER OF SECTION 527 OF THE CRIMINAL CODE – and – BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] ORDER TO TRANSPORT A PRISONER (Pursuant to Section 527 of the Criminal Code) TO: THE SUPERINTENDENT OF THE [Name of facility], [province] BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province]. UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code that ....; WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND UPON IT APPEARING that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on [date], at the hour of [time] for the [type of hearing]. AND WHEREAS I am satisfied that the ends of justice require that this Order be made; IT IS HEREBY ORDERED that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order; FURTHER IT IS HEREBY ORDERED that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [name of title and judge] TO: [Peace officer / sherriff] [address] AND TO: Person in Charge of the detention facility [address] [Internal File Coding]

Precedent - Unsealing Authorizations

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Notice

Application to Unseal Court Records

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; NOTICE OF APPLICATION (Ex Parte) TAKE NOTICE that an Application is being sought for an Order granting the variation of the sealing orders to permit full access to the records by members of the public. WHEREAS the accused, [accused name], has been charged that [on or about/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 The initial sealing order was granted on application of the investigator. The basis for the application was to protect an ongoing investigation into the alleged criminal activity of [accused] concerning [charges]. The judicial authorization was executed on [date]. The investigation has concluded and charges were laid on [date]. The legal presumption remains against the continued sealing of any record and must be justified by the party seeking that the record remains sealed. The basis for which the initial sealing order was granted no longer exists. There are no other lawful reasons, including privilege, which exists to justify further sealing of the records. Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: A copy of the charging [information/indictment] dated [date]; A copy of the affidavit of [investigation], dated [date]; THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order unsealing the following Sealing Orders: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding]

Affidavit

Affidavit

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. I am the lead investigator in the matter of Her Majesty the Queen versus [Accused name] (DOB: [date of birth]) concerning offences pursuant to section(s) [list sections] of the Criminal Code occurring on or about/between [date(s) of offence]. I was the affiant who applied and was granted [a] judicial authorization(s) on [date(s)]. The authorization(s) [was/were] executed on [date(s)]. The investigation was concluded and charges were laid on [date]. I am familiar with the following [production orders/search warrants], including their supporting ITOs and sealing orders: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court I understand that the above-listed orders and supporting documents were sealed by the authorizing Justice at the same time as the main authorization on the basis of protecting an ongoing investigation. The investigation has now concluded with the laying of charges; I am not aware of any basis that currently exists that would justify ongoing sealing of any of the records. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]

Order

Order

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] - and - IN THE MATTER OF: A criminal investigation pursuant to sections [list sections charged] of the Criminal Code; AND IN THE MATTER OF: An Application pursuant to section 487.3 of the Criminal Code to prohibit disclosure of information filed in support of obtaining a [Search Warrant/Production Order] pursuant to the Criminal Code; AND IN THE MATTER OF: An Application to vary the "Sealing Orders(s)" for the purposes of enabling public access to court records and to enable full answer and defence; ORDER (Section 487.3/487.0191 of the Criminal Code) Before the Honourable Judge/Justice Presiding: WHEREAS on [date], a justice of the peace granted multiple judicial authorizations under [section] of the Criminal Code in relation to a criminal investigation for offence contrary to section(s) [list sections] of the Criminal Code. AND WHEREAS the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain: JPC # Subject Entity Date Ordered Author/Applicant Issuing Justice Base Court AND WHEREAS the authorizations were executed on or about [date]. UPON THE APPLICATION made by counsel for Her Majesty the Queen, [name of counsel], for an Order to vary the above-noted sealing orders so as to allow access to the judicial authorizations and supporting Informations to Obtain; UPON READING the affidavit of [investigator affidavit] dated [date]; IT IS ORDERED that the Sealing Orders referred to above shall be varied to allow for the release of all judicial authorization materials at issue including the supporting Information to Obtain after being subject to vetting by the Crown. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province] [Internal File Coding]

Precedent - Various Defence Motions

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

Notice

NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF APPLICATION TO QUASH (Section 581 of the Criminal Code) WHEREAS the accused, [accused name], has been charged that [on or about/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 Authority set out in s. 581 of the Criminal Code. the [information/indictment] dated [date]. An indictment can be challenged up until the point where it has been preferred: R v Tippett, 2010 NLCA 49, 259 CCC (3d) 396 [grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order granting the application and quashing the [Indictment/Information] described above. FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx.xxx DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.] [Internal File Coding]

Affidavit

AFFIDAVIT (GENERIC)
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. ... SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]
EXHIBIT A [DESCRIPTION]
EXHIBIT B [DESCRIPTION]

Precedent - Vary Release or Sentence Order

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

Notice

NOTICE OF APPLICATION

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Applicant – and – HER MAJESTY THE QUEEN Respondent NOTICE OF APPLICATION (Variation of [release order or undertaking] Pursuant to Section [x] of the Criminal Code) WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS [grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx.xxx DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

Affidavit

AFFIDAVIT

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Applicant – and – HER MAJESTY THE QUEEN Respondent AFFIDAVIT OF [AFFIANT NAME] ' I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. ... SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]

Sentencing Brief (Generic)

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

Briefs

Cover of Brief
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED SENTENCING BRIEF [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Contents
TABLE OF CONTENTS(e) Page PART I: OVERVIEW X A. X i. X PART II: AGREED FACTS AND OTHER EVIDENCE X PART III: POSITIONS OF THE PARTIES X PART IV: GENERAL SENTENCING PRINCIPLES X PART V: OBJECTIVES OF SENTENCING IN THIS CASE X PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE X PART VI-A: JOINT RECOMMENDATIONS X PART VI-B: AVAILABLE DISPOSITIONS X PART VII: DISCUSSION ON APPROPRIATE SENTENCE X PART VIII: ANCILLARY ORDERS X PART IX: CONCLUSIONS X PART X: TABLE OF AUTHORITIES X
Body of Brief
PART I: OVERVIEW(e) [X] On [date], the accused [plead/was found] guilty to the commission of the following offence(s) between [date]. Specifically that he did: (1) ... commit the offence ... contrary to s. ... of the Criminal Code. (2) ... commit the offence of ... contrary to s. ... of the Criminal Code. The Crown elected to proceed by indictment/summary conviction on the hybrid offences. [X] It is the Crown/Defence position that a fit and proper sentence for the offences charged are as follows: Count # Section Offence Name Date Range Min. Penalty Max. Penalty Sentence Requested (Consecutive or Concurrent) Ancillary Order(s) 1 2 Global Sentence [total duration] Global Sentence Factoring in Totality [total duration] [X] The terms of the conditional sentence order should be as follows: Statutory conditions required by the Code. [list of terms and conditions] [X] The terms of the probation order should be as follows: Statutory conditions required by the Code. [list of terms and conditions] [X] The terms of the ancillary orders should be as follows: [list optional terms, including duration of ancillary orders] [X] We decline to seek a [DNA order, SOIRA Order, etc] < * Crown brief only > [X] The remainder of these written submissions will be organized into the following Parts: PART II: Agreed Facts And Other Evidence PART III: Positions Of The Parties PART IV: General Sentencing Principles PART V: Objectives Of Sentencing In This Case PART VI: Aggravating And Mitigating Factors In This Case PART VI-A: Joint Recommendations PART VI-B: Available Dispositions PART VII: Discussion On Appropriate Sentence PART VIII: Ancillary Orders PART IX: Conclusions PART II: AGREED FACTS AND OTHER EVIDENCE(e) A. Circumstances of the Offence [X] The agreed facts for the purpose of sentencing are as follows: [review narrative of allegations agreed upon] or [X] The agreed facts for the purpose of sentencing are set out in the Agreed Statement of Facts that will be tendered at the sentencing hearing. or B. Personal Circumstances i. Reports and Assessments [X] Once a [guilty plea/conviction] was entered, the Court ordered a Pre-Sentence Report (PSR) at the request of defence. The PSR [is still pending/has been received on [date] ]. At the request of [defence/crown], a [other type of report such as a pre-sentence sexual risk assessment, Gladue report, etc] was ordered. That report [is still pending/has been received on [date] ]. C. Victim Impact Statements [X] The Crown made referrals on [date] to Victim Services for the following victim(s): [X] Further efforts were made to contact the victims to notify them of their rights to file the victim impact statements and read them in court. This included ... [describe additional efforts, personal contact] [X] Victim services informs the Crown that... [X] As of this writing, it is unknown whether any victims have filed victim impact statements. or [X] We are in receipt of the written victim impact statements for [list persons]. We are of the view that the content conforms with the requirements of s. 722, except as follows: [list all instances where the VIS does not conform with 722, including attacking character, assert facts, recommend a sentence, mischaracterize the law or facts, or are inflamatory] D. Other Evidence [X] The Crown seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es): [list documents, reports, etc. that the Crown seeks to tender] [X] The defence seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es). [list documents, reports, etc. that the defence seeks to tender] PART III: POSITIONS OF THE PARTIES(e) [X] The parties are not in agreement on what the fit and proper sentence would be for this accused, including the appropriate form of disposition, duration of custody, the terms of probation, and ancillary orders. OR [X] Over the course of the proceedings the parties have negotiated a potential resolution to this matter. There is agreement on particular charges and facts to be admitted. The parties have agreed on what is believed to be a suitable sentence, subject to the Court's approval in an Anthony-Cook hearing. PART IV: GENERAL SENTENCING PRINCIPLES(e) [X] The exercise of sentencing an offender is one of determining a fit and proper sentence for the particular offender. This process requires a high degree of individualizing and tailoring of the sentence to fit the particular accused. Accordingly, the process must be flexible. [X] Justice LeBel in R v LM, [2008] 2 SCR 163, 2008 SCC 31 (CanLII) gives some recommendation on the proper approach (para. 17): [17] Far from being an exact science or an inflexible predetermined procedure, sentencing is primarily a matter for the trial judge’s competence and expertise. The trial judge enjoys considerable discretion because of the individualized nature of the process (s. 718.1 Cr. C.; R. v. Johnson, [2003] 2 S.C.R. 357, 2003 SCC 46 (CanLII), at para. 22; R. v. Proulx, [2000] 1 S.C.R. 61, 2000 SCC 5 (CanLII), at para. 82). To arrive at an appropriate sentence in light of the complexity of the factors related to the nature of the offence and the personal characteristics of the offender, the judge must weigh the normative principles set out by Parliament in the Criminal Code: - the objectives of denunciation, deterrence, separation of offenders from society, rehabilitation of offenders, and acknowledgment of and reparations for the harm they have done (s. 718 Cr. C.) (see Appendix); - the fundamental principle that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender (s. 718.1 Cr. C.); and - the principles that a sentence should be increased or reduced to account for aggravating or mitigating circumstances, that a sentence should be similar to other sentences imposed in similar circumstances, that the least restrictive sanctions should be identified and that available sanctions other than imprisonment should be considered (s. 718.2 Cr. C.). A. Purpose and Principles of Sentencing [X] The objective of a sentencing judge, framed most broadly, is to ensure that the sentence ordered is "just and appropriate". A just and appropriate sentence is one that satisfies the fundamental purposes of a sentence as laid out by the Criminal Code. Section 718 states the fundamental purpose of sentencing is as follows: Purpose 718. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct; (b) to deter the offender and other persons from committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community. R.S., 1985, c. C-46, s. 718; R.S., 1985, c. 27 (1st Supp.), s. 155; 1995, c. 22, s. 6 [X] There will be heightened importance and emphasis on particular objectives for any particular case. No single objective can ever trump another completely. These objectives must be weighed against each other in light of what the court would consider the optimal way to protect the local community (see R v Nasogaluak, [2010] 1 SCR 206). B. Rehabilitation [X] The principle of rehabilitation is relevant in all sentencing and remains one of the main objectives of the process. As Justice Wagner (as he was) stated in R v Lacasse, 2015 SCC 64, [2015] 3 SCR 1089, at para 4: One of the main objectives of Canadian criminal law is the rehabilitation of offenders. Rehabilitation is one of the fundamental moral values that distinguish Canadian society from the societies of many other nations in the world, and it helps the courts impose sentences that are just and appropriate. C. Proportionality [X] The principle of proportionality is of such importance that it was codified in s. 718.1 as the fundamental principle to the sentencing process. The section states: Fundamental principle 718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. R.S., 1985, c. 27 (1st Supp.), s. 156; 1995, c. 22, s. 6. The importance proportionality plays in the sentencing process is justified on the basis that a just sentence is necessarily one that is proportionate to the gravity of the offence and the responsibility of the offender. In R v Ipeelee, 2012 SCC 13 (CanLII) at para 37 Justice Lebel explained the role proportionality: [37] The fundamental principle of sentencing (i.e., proportionality) is intimately tied to the fundamental purpose of sentencing — the maintenance of a just, peaceful and safe society through the imposition of just sanctions. Whatever weight a judge may wish to accord to the various objectives and other principles listed in the Code, the resulting sentence must respect the fundamental principle of proportionality. Proportionality is the sine qua non of a just sanction. First, the principle ensures that a sentence reflects the gravity of the offence. This is closely tied to the objective of denunciation. It promotes justice for victims and ensures public confidence in the justice system. As Wilson J. expressed in her concurring judgment in Re B.C. Motor Vehicle Act, 1985 CanLII 81 (SCC), [1985] 2 S.C.R. 486, at p. 533: It is basic to any theory of punishment that the sentence imposed bear some relationship to the offence; it must be a “fit” sentence proportionate to the seriousness of the offence. Only if this is so can the public be satisfied that the offender “deserved” the punishment he received and feel a confidence in the fairness and rationality of the system. Second, the principle of proportionality ensures that a sentence does not exceed what is appropriate, given the moral blameworthiness of the offender. In this sense, the principle serves a limiting or restraining function and ensures justice for the offender. In the Canadian criminal justice system, a just sanction is one that reflects both perspectives on proportionality and does not elevate one at the expense of the other. D. Parity [X] Section 718.2(b) directs that sentencing judges must ensure that the accused's sentence "be similar to sentences imposed on similar offences committed in similar circumstances;". This is the principle of parity and is usually addressed through consideration of the range of past sentences where similar offenders have committed similar offences in similar circumstances. The Court should also be sensitive to the particular needs of the local community (see Nasogaluak, Lacasse). [X] The purpose behind the principle is to ensure fairness as between similarly situated cases. It does not, however, override the individualized nature of sentencing, nor does it prohibit considerable disparity between accused so long as the sentence ordered is proportionate to the gravity of the offence and moral culpability of the offender. (see R v CAM, [1996] 1 SCR 500) Proportionality should generally prevail over parity (see R v Lacasse, [2015] 3 SCR 1089 at para 92). Accordingly, review of prior sentencing case law can be of assistance and may even provide a shortcut to calibrating the right sentence, but in all cases, the ultimate sentence must be justified as proportionate, first and foremost. E. Restraint [X] The principle of restraint is codified in both s. 718.2(d) and (e), stating that: 718.2... (d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and (e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders. 1995, c. 22, s. 6; 1997, c. 23, s. 17; 2000, c. 12, s. 95; 2001, c. 32, s. 44(F), c. 41, s. 20; 2005, c. 32, s. 25; 2012, c. 29, s. 2; 2015, c. 13, s. 24, c. 23, s. 16. [X] The principle ensures that sentences are just and fair in the eyes of the public by imposing upon courts a duty to limit the use of incarceration by ensuring that courts consider the least intrusive sentence that achieves the necessary sentencing objectives and only uses incarceration as an option of last resort. F. Concurrent vs Consecutive Sentences [assuming multiple offences charged] where [X] Section 718.3(4)(b) grants sentencing judges the discretion to determine whether to order the sentences for multiple offences before them be served concurrently or consecutively to each another. It states as follows: 781.3... Cumulative punishments (4) The court that sentences an accused shall consider directing (a) that the term of imprisonment that it imposes be served consecutively to a sentence of imprisonment to which the accused is subject at the time of sentencing; and (b) that the terms of imprisonment that it imposes at the same time for more than one offence be served consecutively, including when (i) the offences do not arise out of the same event or series of events, (ii) one of the offences was committed while the accused was on judicial interim release, including pending the determination of an appeal, or (iii) one of the offences was committed while the accused was fleeing from a peace officer. [X] It is submitted that ... G. Totality (assuming multiple offences charged] [X] The sentencing principle of totality is designed to prevent the ordering of "unduly long or harsh" sentences that result from the combination of consecutive sentences in the course of the sentence calculation. The principle is founded and guided in the principle of proportionality which requires that the global sentence remains proportionate to the gravity of the offence and the degree of responsibility of the offender. (see R v Hutchings, 2012 NLCA 2 (CanLII)) [X] This common law principle of totality was codified into s. 718.2(c) of the Code as a mandatory sentencing consideration: Obligations of court 718.2 A court that imposes a sentence shall also take into consideration the following principles:... (c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;... [X] On a given case, the sentencing judge should consider factors including: the length of the combined sentence in relation to the normal level of sentence for the most serious of the individual offences involved; the number and gravity of the offences involved; the offender’s criminal record; the impact of the combined sentence on the offender’s prospects for rehabilitation, in the sense that it may be harsh or crushing; such other factors as may be appropriate to consider to ensure that the combined sentence is proportionate to the gravity of the offences and the offender’s degree of responsibility. [X] Should the combined sentence prove to be excessive, the sentencing judge must then determine "the extent to which the combined sentence should be reduced to achieve a proper totality". This can be done by altering the sentence for individual counts to run concurrently rather than consecutively, or simply reduce the length of individual sentences. [X] In making the necessary changes to the sentence, the sentencing judge must be mindful to identify: the sentences that are regarded as appropriate for each individual offence applying proper sentencing principles, without considerations of totality; the degree to which sentences have been made concurrent on the basis that they constitute a single criminal adventure; and the methodology employed to achieve the proper totality that is indicated, identifying which individual sentences are, for this purpose, to be made concurrent or to be otherwise reduced. [X] In our case, it is submitted that ... PART V: OBJECTIVES OF SENTENCING IN THIS CASE(e) [This section will usually be customized to the particular offence] [X] A. Purpose of Criminalization of Conduct [X] B. Objectives to be Emphasized [X] C. Range of Sentence [X] PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e) [This section will usually be customized to the particular offence] [X] A. Gravity of Conduct [X] B. Sophistication of the Offence [X] C. Vulnerability of Victim [X] D. Responsibility and Moral Culpability of the Offender [X] E. Guilty Plea, Remorse, and Acceptance of Responsibility [X] F. Age, Character, and Risk to Re-Offend [X] G. Addiction and Mental Health [X] H. Prior Criminal Record and Repeat Offenders [X] I. Effect on Employment, Family, and Immigration [X] J. Prospects of Rehabilitation [X] K. Totality [X] L. Remand Credit [X] PART VI-A: JOINT RECOMMENDATIONS(e) [X] A joint recommendation that is presented to the Court can only be adopted where the court is satisfied, after hearing all the evidence and submissions, that the proposed sentence would not bring the administration of justice into disrepute or otherwise be contrary to the public interest. This "public interest test" was most recently outlined in R v Anthony-Cook, 2016 SCC 43. Justice Moldaver, writing for the Court, outlined the test as follows: [32] Under the public interest test, a trial judge should not depart from a joint submission on sentence unless the proposed sentence would bring the administration of justice into disrepute or is otherwise contrary to the public interest. ... [33] In Druken, at para. 29, the court held that a joint submission will bring the administration of justice into disrepute or be contrary to the public interest if, despite the public interest considerations that support imposing it, it is so “markedly out of line with the expectations of reasonable persons aware of the circumstances of the case that they would view it as a break down in the proper functioning of the criminal justice system”. And, as stated by the same court in R. v. B.O.2, 2010 NLCA 19, at para. 56 (CanLII), when assessing a joint submission, trial judges should “avoid rendering a decision that causes an informed and reasonable public to lose confidence in the institution of the courts”. [34] In my view, these powerful statements capture the essence of the public interest test developed by the Martin Committee. They emphasize that a joint submission should not be rejected lightly, a conclusion with which I agree. Rejection denotes a submission so unhinged from the circumstances of the offence and the offender that its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down. This is an undeniably high threshold — and for good reason, as I shall explain. [X] Justice Moldaver described the importance of having a high threshold to reject a joint recommendation: [41] But as I have said, for joint submissions to be possible, the parties must have a high degree of confidence that they will be accepted. Too much doubt and the parties may choose instead to accept the risks of a trial or a contested sentencing hearing. The accused in particular will be reluctant to forgo a trial with its attendant safeguards, including the crucial ability to test the strength of the Crown’s case, if joint submissions come to be seen as an insufficiently certain alternative. [X] Under the Anthony-Cook approach to a joint recommendation, an added obligation is placed on both counsel to provide sufficient information about the offence, offender, and circumstances of the proceedings that brought about the agreement: [53] Third, when faced with a contentious joint submission, trial judges will undoubtedly want to know about the circumstances leading to the joint submission — and in particular, any benefits obtained by the Crown or concessions made by the accused. The greater the benefits obtained by the Crown, and the more concessions made by the accused, the more likely it is that the trial judge should accept the joint submission, even though it may appear to be unduly lenient. For example, if the joint submission is the product of an agreement by the accused to assist the Crown or police, or an evidentiary weakness in the Crown’s case, a very lenient sentence might not be contrary to the public interest. On the other hand, if the joint submission resulted only from the accused’s realization that conviction was inevitable, the same sentence might cause the public to lose confidence in the criminal justice system. ... [55] This is not to say that counsel must inform the trial judge of “their negotiating positions or the substance of their discussions leading to the agreement” (R. v. Tkachuk, 2001 ABCA 243 (CanLII), 293 A.R. 171, at para. 34). But counsel must be able to inform the trial judge why the proposed sentence would not bring the administration of justice into disrepute or otherwise be contrary to the public interest. If they do not, they run the risk that the trial judge will reject the joint submission. ... [57] A thorough justification of the joint submission also has an important public perception component. Unless counsel put the considerations underlying the joint submission on the record, “though justice may be done, it may not have the appearance of being done; the public may suspect, rightly or wrongly, that an impropriety has occurred” (C. C. Ruby, G. J. Chan and N. R. Hasan, Sentencing (8th ed. 2012), at p. 73). [X] Should the Court be inclined to reject the joint recommendation, the sentencing judge cannot simply declare the agreement inappropriate and proceed to determine a fit and proper sentence. The Court must provide notice to counsel that there are concerns and invite counsel to make further submissions, invite a potential withdraw of guilty plea, and only after that must give "clear and cogent" reasons for the rejection. [58] Fourth, if the trial judge is not satisfied with the sentence proposed by counsel, “fundamental fairness dictates that an opportunity be afforded to counsel to make further submissions in an attempt to address the . . . judge’s concerns before the sentence is imposed” (G.W.C., at para. 26). The judge should notify counsel that he or she has concerns, and invite further submissions on those concerns, including the possibility of allowing the accused to withdraw his or her guilty plea, as the trial judge did in this case. [60] Finally, trial judges who remain unsatisfied by counsel’s submissions should provide clear and cogent reasons for departing from the joint submission. These reasons will help explain to the parties why the proposed sentence was unacceptable, and may assist them in the resolution of future cases. Reasons will also facilitate appellate review. A. Benefits to Crown and Concessions by Defence [X] B. Repute to Administration of Justice [X] C. Not Contrary to the Public Interest [X] PART VI-B: AVAILABLE DISPOSITIONS(e) A.1. Availability of Discharges [X] Conditional and absolute discharge 730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2). Period for which appearance notice, etc., continues in force (2) Subject to Part XVI, where an accused who has not been taken into custody or who has been released from custody under or by virtue of any provision of Part XVI pleads guilty of or is found guilty of an offence but is not convicted, the appearance notice, promise to appear, summons, undertaking or recognizance issued to or given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition. ... Where person bound by probation order convicted of offence (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged. R.S., 1985, c. C-46, s. 730; 1995, c. 22, s. 6; 1997, c. 18, s. 141; 2003, c. 21, s. 17. A.2. Availability of Conditional Sentences [X] Imposing of conditional sentence 742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2; (b) the offence is not an offence punishable by a minimum term of imprisonment; (c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life; (d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more; (e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that (i) resulted in bodily harm, (ii) involved the import, export, trafficking or production of drugs, or (iii) involved the use of a weapon; and (f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions: (i) section 144 (prison breach), (ii) section 264 (criminal harassment), (iii) section 271 (sexual assault), (iv) section 279 (kidnapping), (v) section 279.02 (trafficking in persons — material benefit), (vi) section 281 (abduction of person under fourteen), (vii) section 333.1 (motor vehicle theft), (viii) paragraph 334(a) (theft over $5000), (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house), (x) section 349 (being unlawfully in a dwelling-house), and (xi) section 435 (arson for fraudulent purpose). ... 1992, c. 11, s. 16; 1995, c. 19, s. 38, c. 22, s. 6; 1997, c. 18, s. 107.1; 2007, c. 12, s. 1; 2012, c. 1, s. 34. PART VII: DISCUSSION ON APPROPRIATE SENTENCE(e) [This section is where discussion and analysis can be done in detail] [X] A. Gravity of the Offence [X] B. Circumstances of the Offender [X] PART VIII: ANCILLARY ORDERS(e) A. Restitution Orders [X] As made out by the facts, the total loss to the victims was in the amount of [X] Should restitution order be found suitable we should ask that the order be payable to persons and in the amounts found as indicated here: # Victim Name Contact Amount 1 [name] [contact info] [amount] 2 A.1. Fine-in-Lieu of Restitution Orders [X] The Order of forfeiture of property 462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law. [X] The meaning of "designated offence" is defined in s. 462.3 as: i. Purpose of Fine-in-Lieu [X] 10 The sentence imposed for an offence under Part XII.2 on proceeds of crime consists of two elements: the penalty for committing a designated offence (s. 462.3(1)), and forfeiture of the proceeds of crime (s. 462.37(1)). The new provisions are in addition to existing methods. The intention of Parliament is clear. Not only must the act itself be punished, but it must not benefit the offender. Parliament’s purpose in doing this is to ensure that crime does not pay. Although the appeal concerns the discretion of a court that imposes a fine instead of forfeiture, the objective of the primary provision must be correctly established for it to be possible to identify the objective of the provision authorizing this sentence. ... 16 Parliament’s intention in enacting the forfeiture provisions was to give teeth to the general sentencing provisions. While the purpose of the latter provisions is to punish an offender for committing a particular offence, the objective of forfeiture is rather to deprive the offender and the criminal organization of the proceeds of their crime and to deter them from committing crimes in the future. The severity and broad scope of the provisions suggest that Parliament is seeking to avert crime by showing that the proceeds of crime themselves, or the equivalent thereof, may be forfeited. R v Lavigne, 2006 SCC 10 ii. Does Totality Factor into Fine-in-Lieu Order [X] 25 The amicus curiae argues that the effect of imposing a fine without regard to the general principles of sentencing is to punish the offender twice. What that argument fails to consider is that those principles are not all disregarded and that a fine instead of forfeiture is seen as a separate component of the sentence. While such an order is technically part of the sentence, it is nevertheless distinguished by the fact that its purpose is to replace the proceeds of crime. It is not regarded as punishment specifically for the designated offence. Lavigne iii. Possession of Proceeds vs Control of Proceeds [X] [50] Second, the appellants submit that the trial judge erred by imposing fines in lieu of forfeiture in the absence of proof that they received the funds that served as the basis for the fine amounts, $423,580.41 for Mr. Khatchatourov and $71,954.63 for Ms. Reznik. They argue that there was insufficient evidence that the appellants had possession or control over the funds, and therefore that the Crown had not proved the funds were “property” as defined in s. 2, and for the purpose of s. 462.37(3), of the Criminal Code. [51] I do not accept this submission. Mr. Khatchatourov’s counsel said this at the sentence hearing: [C]ertainly it is open to Your Honour to say: “Well, look, these cheques were made payable to him. Who knows what happened from there but it’s a reasonable inference that he got that money or had control of that money”…. [52] This common sense concession is consistent with the evidence, which was that Mr. Khatchatourov and Ms. Reznik received cheques, made out in their names, from the fraudulent transactions totalling the precise amounts of the two fines. Absent some evidence (for example, testimony from the appellants at their sentence hearing) that the appellants did not cash the cheques and receive the funds, I see no reason to impose a duty on the Crown to take additional steps (for example, a tracing exercise) to try to obtain further proof that the appellants actually received the money generated by their frauds. Their receipt of the cheques is enough. Even in the increasingly complicated world of Canadian criminal law, some things are obvious. Khatchatourov, 2014 ONCA 464 iv. Fine-in-Lieu Order Concurrent to Restititon [X] It is permissible for the court to make an order of restitution v. Duration and Default Time for Fine-in-Lieu Order [X] Section Imprisonment Fine Amount 462.37(4)(a)(i) 0 to 6 months 0 to $10,000 462.37(4)(a)(ii) 6 to 12 months $10,000 to $20,000 462.37(4)(a)(iii) 12 to 18 months $20,000 to $50,000 462.37(4)(a)(iv) 18 to 24 months $50,000 to $100,000 462.37(4)(a)(v) 2 to 3 years $100,000 to $150,000 462.37(4)(a)(vi) 3 to 5 years $150,000 to $1,000,000 462.37(4)(a)(vii) 5 to 10 years $1,000,000 or more B. Forfeiture Orders [X] C. DNA Orders [X] D. SOIRA Orders [X] PART IX: CONCLUSIONS(e) [X] Based on the foregoing and as supplemented by oral submissions, the [Crown / defence] beleieve a fit and proper sentence is as follows: Count # Section Offence Name Date Range Min. Penalty Max. Penalty Sentence Requested (Consecutive or Concurrent) Ancillary Order(s) 1 2 Global Sentence [total duration] Global Sentence Factoring in Totality [total duration] [X] We are also recommending the following ancillary orders: [list the orders requested and their duration] [X] The Crown is declining to seek ... [discretionary orders that are not requested] ALL OF WHICH IS RESPECTFULLY SUBMITTED DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title]
Table of Authorities
PART X: TABLE OF AUTHORITIES(e) EXHIBITS TAB ... X ... X CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X

Sentencing for Fraud Over $5,000 Brief

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

Briefs

A sentencing brief is structured as follows:

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

Cover of Brief
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED SENTENCING BRIEF [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Contents
TABLE OF CONTENTS(e) Page PART I: OVERVIEW X A. X i. X PART II: AGREED FACTS AND OTHER EVIDENCE X PART III: POSITIONS OF THE PARTIES X PART IV: GENERAL SENTENCING PRINCIPLES X PART V: OBJECTIVES OF SENTENCING IN THIS CASE X PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE X PART VI-A: JOINT RECOMMENDATIONS X PART VI-B: AVAILABLE DISPOSITIONS X PART VII: DISCUSSION ON APPROPRIATE SENTENCE X PART VIII: ANCILLARY ORDERS X PART IX: CONCLUSIONS X PART X: TABLE OF AUTHORITIES X
Body of Brief
PART V: OBJECTIVES OF SENTENCING IN THIS CASE(e) [This section will usually be customized to the particular offence] A. Purpose of Criminalization of Conduct B. Objectives to be Emphasized [X] In sentencing for fraud over $5,000 it has been well established that the main objectives are denunciation and deterrence. (see R. v. Dobis, 2002 CanLII 32815 (ON CA) and R v Bogart, [2002] OJ No. 3039, 2002 CanLII 41073 (ON CA), per Laskin JA at 29, 33-36 leave ref'd, [2003] SCR vi) General deterrence has been found to have a greater impact on embezzlement-type crimes and those offences where there is planning and deliberation. (see R. v. Williams, [2007] OJ No 1604 (ONSC)) And where there is a relationship of trust he need for custody is even greater (R. v. Howe, [2002] AJ No 1443, 2002 ABCA 277 (CanLII), per Hunt JA, at para 3). [X] Amongst the primary reasons for emphasizing any type of deterrence for major fraud is in order to ensure that the crime is simply not worth the venture. Is a gain of $20,000, $50,000, or $100,000, even temporarily, worthwhile if the consequence is only a fine? Probation? House arrest? A short jail sentence? A properly deterrent sentence must clearly communicate that the answer to all these questions is unequivocally in the negative. Should a sentence be not sufficiently punitive, regardless of the personal circumstances of the offender, it runs the risk of incidentally relaying the message to the next similarly situated person contemplating such a crime that it may just be worth it. [X] Factored into this too is the amount of incurred profits and the likelihood of getting caught. Should the penalty for higher dollar amounts be of negligible difference from the penalty for lesser amounts, it too runs a risk that the next offender may see the commission as “in for a penny, in for a pound”, and then proceed to continue the offence once embarked upon. Likewise, an offence that is not easily detected, such as those where the commission involves obfuscation and deception, provide some incentive to the culprit that the venture is worthwhile. There is a calculation in the offender’s mind that a reduced likelihood of getting caught will have a discounting rate upon the sentence. A properly deterrent sentence must tell the culprit that even where detection and punishment may not be particularly high, the consequence of that eventuality renders the risk unacceptable, thereby deterring the commission of the offence. [X] The justification for the emphasized objectives further extends to consideration of the inherent high degree of moral culpability in large scale commercial crime offences generally. They are often referred to as a “thinking person’s” crime, where the offence requires a multitude of repetitive and persistent decisions on the part of the accused to keep the fraud going. There must be planning to ensure that the victim is sufficiently trusting of the accused to give over their money and to ensure the scheme is not readily detected, including the fabrication of plausible lies and other smoke-screens. i. Breach of Trust [X] Where there is a relationship of rust he need for custody is even greater. R v Howe, [2002] AJ No 1443, 2002 ABCA 277 (CanLII), per Hunt JA, at para 3 C. Range of Sentence [X] Generally across Canada, the sentencing range for the offence of ... ranges anywhere between ... and ... . Our position is that the proper range for this type of offence would land in the between X and Y. When tailored to the specifics to this offender we are recommending a period of incarceration of XX. [X] The recommended sentence presented here is in light of cases from within the province: [list of cases and short summaries] [X] There are also cases from elsewhere in Canada including the following: [list of cases and short summaries] [X] The recommended sentence presented here is in light of cases from within the province: PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e) [X] Section 718.2 obliges the sentencing judge to increase and decrease a potential sentence on consideration of the enumerated aggravating and mitigating features that go to the gravity of the offence and degree of responsibility of the offender. The section states the following: Other sentencing principles 718.2 A court that imposes a sentence shall also take into consideration the following principles: (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing, (i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, (ii) evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner, (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years, (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim, (iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation, (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization, (v) evidence that the offence was a terrorism offence, or (vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act shall be deemed to be aggravating circumstances; ... 1995, c. 22, s. 6; 1997, c. 23, s. 17; 2000, c. 12, s. 95; 2001, c. 32, s. 44(F), c. 41, s. 20; 2005, c. 32, s. 25; 2012, c. 29, s. 2; 2015, c. 13, s. 24, c. 23, s. 16; 2017, c. 13, s. 4. [X] Section 380.1 directs the sentencing judge to consider further circumstances for certain fraud-related offences: Sentencing — aggravating circumstances 380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating circumstances: (a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant; (b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market; (c) the offence involved a large number of victims; (c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation; (d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community; (e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence; and (f) the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud. Aggravating circumstance — value of the fraud (1.1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 382, 382.1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars. Non-mitigating factors (2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence. Record of proceedings (3) The court shall cause to be stated in the record the aggravating and mitigating circumstances it took into account when determining the sentence. 2004, c. 3, s. 3 2011, c. 6, s. 3 [X] In particular to this offence, the offence-specific factors found in s. XXX should be considered as well. A. Gravity of Conduct [consider the relationship of trust, the degree of physical or psychological harm] B. Sophistication of the Offence [X] The offence(s) in this case were [planned and continuous/spontaneous and impulsive]. ... i. Large-scale Fraud is Not Spontaneous or Impulsive [X] The commission of large-scale frauds is a "thinking" person's crime. That is to say that it is far from impulsive or spontaneous. It was observed in R v Tucker, [1988] N.S.J. 33 (NSCA): This is not a case involving one or two transactions but rather is one of a continued premeditated fraud perpetrated by a knowledgeable businessman and carried out over a lengthy period of time. General deterrence must be the paramount consideration because it is of the utmost importance for the public generally and the business community in particular to understand that those who practice fraud in commercial matters will be severely punished. C. Vulnerability of Victim i. Breach of Trust [X] In addition to the common law, the Criminal Code codifies circumstances as aggravating under s. 718.2(a)(iii). D. Responsibility and Moral Culpability of the Offender E. Guilty Plea, Remorse, and Acceptance of Responsibility F. Character and Risk to Re-Offend G. Addiction and Mental Health H. Prior Criminal Record and Repeat Offenders It has been well recognized that the absence of prior record supports greater consideration of the principle of restraint. It may often mean the difference between incarceration and freedom. The circumstances of fraud will often provide some different considerations. This is for two reasons. A good reputation will often be instrumental to the offender's earning of trust that granted them access to the position that allowed them to commit the offence. The offences of fraud are not discrete one-time offences. They are persistent and repetitive. They are planned and deliberate. The reflect numerous choices to repeat and continue the criminal enterprise. see R v Lee, 2011 NSPC 81 at paras 40 to 41 I. Effect on Employment, Family and Immigration J. Prospects of Rehabilitation K. Totality L. Remand Credit
Table of Authorities
PART X: TABLE OF AUTHORITIES(e) EXHIBITS TAB ... X ... X CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X

Sentencing for Luring Brief

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Briefs

A sentencing brief is structured as follows:

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

Cover of Brief
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED SENTENCING BRIEF [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Contents
TABLE OF CONTENTS(e) Page PART I: OVERVIEW X A. X i. X PART II: AGREED FACTS AND OTHER EVIDENCE X PART III: POSITIONS OF THE PARTIES X PART IV: GENERAL SENTENCING PRINCIPLES X PART V: OBJECTIVES OF SENTENCING IN THIS CASE X PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE X PART VI-A: JOINT RECOMMENDATIONS X PART VI-B: AVAILABLE DISPOSITIONS X PART VII: DISCUSSION ON APPROPRIATE SENTENCE X PART VIII: ANCILLARY ORDERS X PART IX: CONCLUSIONS X PART X: TABLE OF AUTHORITIES X
Body of Brief
PART VI: OBJECTIVES OF SENTENCING IN THIS CASE(e) The purpose behind the criminalization of the conduct captured by the offence was described in R v Legare, where Justice [name] stated the following: [28] Section 172.1(1) makes it a crime to communicate by computer with underage children or adolescents for the purpose of facilitating the commission of the offences mentioned in its constituent paragraphs. In this context, "facilitating" includes helping to bring about and making easier or more probable -- for example, by "luring" or "grooming" young persons to commit or participate in the prohibited conduct; by reducing their inhibitions; or by prurient discourse that exploits a young person's curiosity, immaturity or precocious sexuality. [29] I hasten to add that sexually explicit language is not an essential element of the offences created by s. 172.1. Its focus is on the intention of the accused at the time of the communication by computer. Sexually explicit comments may suffice to establish the criminal purpose of the accused. But those who use their computers to lure children for sexual purposes often groom them online by first gaining their trust through conversations about their home life, their personal interests or other innocuous topics. [30] As Hill J. explained in R. v. Pengelley, [2009] O.J. No. 1682 (QL) (S.C.J.), at para. 96: ... computer communications may serve to sexualize or groom or trick a child toward being receptive to a sexual encounter, to cultivate a relationship of trust, or to undertake a process of relinquishing inhibitions, all with a view to advancing a plan or desire to physical sexual exploitation of a young person. [31] Accordingly, the content of the communication is not necessarily determinative: what matters is whether the evidence as a whole establishes beyond a reasonable doubt that the accused communicated by computer with an underage victim for the purpose of facilitating the commission of a specified secondary offence in respect of that victim. [32] The italicized words in the preceding paragraph, drawn textually from 172.1 (1)(c), make clear that the intention of the accused must be determined subjectively. I agree in this regard with the Attorney General of Ontario. As Doherty J.A. stated in Alicandro, at para. 31, the accused must be shown to have "engage[d] in the prohibited communication with the specific intent of facilitating the commission of one of the designated offences" with respect to the underage person who was the intended recipient of communication (emphasis added). PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e) [This section will usually be customized to the particular offence] A. Gravity of Conduct B. Sophistication of the Offence C. Vulnerability of Victim D. Responsibility and Moral Culpability of the Offender E. Guilty Plea, Remorse, and Acceptance of Responsibility F. Age, Character, and Risk to Re-Offend G. Addiction and Mental Health H. Prior Criminal Record and Repeat Offenders I. Effect on Employment, Family, and Immigration J. Prospects of Rehabilitation K. Totality L. Remand Credit PART VII: DISCUSSION ON APPROPRIATE SENTENCE(e) [This section is where discussion and analysis can be done in detail]
Table of Authorities
PART X: TABLE OF AUTHORITIES(e) EXHIBITS TAB ... X ... X CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X

Bail Brief (Generic)

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

Briefs

Cover of Brief
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED SHOW CAUSE BRIEF [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for Her Majesty the Queen [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Contents
Body of Brief
PART I: OVERVIEW(e) [X] On [date], the accused was charged with the commission of the following offence(s) between [date]. Specifically that he did: (1) ... commit the offence of ... contrary to s. ... of the Criminal Code. (2) ... commit the offence of ... contrary to s. ... of the Criminal Code. The Crown elected to proceed by indictment/summary conviction on the hybrid offences. Or The Crown has yet to make its election on the hybrid offences. PART II: ALLEGED FACTS AND OTHER EVIDENCE(e) PART III: POSITIONS OF THE PARTIES(e) PART IV: GENERAL BAIL PRINCIPLES(e) PART V: APPLICABLE GROUNDS IN THIS CASE(e) PART VI: TERMS OF RELEASE(e) PART VII: CONCLUSIONS(e) ALL OF WHICH IS RESPECTFULLY SUBMITTED DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title]
Table of Authorities
PART VIII: TABLE OF AUTHORITIES(e) EXHIBITS TAB ... X ... X CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X

Objections Cheatsheet

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Checklist

General Irrelevance (see Relevance) ☐ Eliciting evidence supporting a Motion not before the Court ☐ Contradicting Collateral Facts (see Collateral Fact Rule) Premature Evidence ☐ No foundation/Assumes facts not proven ☐ Eliciting evidence supporting a Motion not before the Court Improperly Phrased Questions ☐ Compound Question ☐ Vague/Misleading question ☐ Misquoting prior evidence/statement Uncivil Questions ☐ Asked and answered ☐ Badgering, harassing witness ☐ arguing with witness ☐ Monologuing/Editorizating Evidence unconnected to incident at issue ☐ a prior consistent statement as "oath helping" (see Prior Consistent Statements) ☐ Character of accused not admissible unless accused put his character in issue (see Character of Accused) ☐ Character of victim presumed not relevant unless "probative value outweighs its prejudicial effect" (see Character of Non-Accused Persons) Evidence that generally is prohibited by Rules of Evidence ☐ Hearsay ☐ Asking witness for expert opinion (see Expert Evidence) ☐ Eliciting Privileged information (see Solicitor-Client Privilege; Informer Privilege; Litigation Privilege) Evidence-in-Chief ☐ Leading Question on evidence other than uncontentious evidence (See Examination-in-Chief) Defence evidence ☐ Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn) Prior Sexual History (assuming enumerated sexual offence) ☐ Sexual contact with anyone, except contact at issue in trial (see Prior Sexual History) ☐ Eliciting any information that is contained in private records, including medical, personal diaries, etc. (see Production of Records for Sexual Offences) Sexual Assault Myths ☐ Failure of the complainant to "fight back" ☐ Failure of the complainant to "scream" or "call for help" ☐ Failure of the complainant to report the assault in a timely manner

Admissibility Checklist

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All Evidence

General Admission ☐ Identify one or more propositions that are sought to be proven by the evidence ☐ Does the evidence make the proposition more likely to be true ☐ Is the evidence material to an legal element of proof or issue to be determined in the case ☐ Is the proposition collateral, possibly excluded for collateral fact rule Discretionary Exclusion ☐ prejudice outweighs probative value (time consumed, affect on trial fairness)

General Exclusionary Rules ☐ Not relevant or material ☐ Hearsay ☐ does any type of privilege apply (spousal, solicitor, litigation, public interest, informer, settlement) ☐ Opinion evidence ☐ Prior Consistent Statements for purpose of enhancing credibility with no other relevance ☐ Character Evidence (i.e. prepensity evidence) ☐ Collateral Facts ☐ Compelled Statements of Accused ☐ Prior sexual history of victim (for enumerated offences)

Hearsay

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

Prior Statement of Accused

• ☐ is it excludable as a prior consistent statement

Documentary Evidence

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