Full Text:Volume 7
Reference Materials
Topic Index
Volume I: Criminal Law
- Sources of Criminal Law
- Actus Reus and Mens Rea
- Actus Reus: Causation · Duty of Care · Possession
- Mens Rea: Intention · Knowledge and Wilful Blindness · Recklessness
- General Proof of Elements
- Doctrines of Constructive Liability
- Principles of Interpretation
- Constitutional Challenges to Legislation
- Offences
- Terrorism Offences · 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- Repealed Offences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
- 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
Basic Principles
- Acceptance of Evidence
- Proving Facts
- Direct Evidence · Circumstantial Evidence · Inferences · Recent Possession · Presumptions (Presumption of Innocence) · Judicial Notice · Admissions of Fact · Analyzing Testimony (Bias, Interest, and Corruption 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
- Documentary Evidence
- Testimonial Evidence
- Competence and Compellability: Compelling Attendance of Witnesses · Oaths and Affirmations · Competence of Witnesses to Testify · Competence of Children and Witnesses of Diminished Capacity · Spousal Immunity
- Refreshing Memory · Testimonial Aids for Young, Disabled or Vulnerable Witnesses · Long Distance Testimonial Aids · Interpreters · Evidence by Commission
- Adverse and Hostile Witnesses
Limits on the Admissibility of Evidence
- Opinion Evidence
- Credibility
- Character Evidence
- Hearsay
- Traditional Exceptions (Statutory Hearsay Exception for Victims, Children and Disabled · Statements Against Interest Exception · Res Gestae and Dying Declarations · Past Recollection Recorded · Previously Sworn Testimony Exception to Hearsay · Co-Conspirators Exception to Hearsay · Adoptive and Implied Admissions)
- Principled Exception (Necessity · Reliability)
- Admissions and Confessions
- Privilege
Volume III: Search and Seizure
- Introduction to Search and Seizure
- Fundamental Principles
- 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
- 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
Appendix
Volume IV: 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
- Compelling Attendance
- Judicial Interim Release / Bail
- 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
- 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
- Case Management Hearings
- Applications and Motions Procedure
- Crown or Judge-Ordered Termination of Proceedings
- Prerogative Writs and Judicial Review
- Remedies
Substantive Hearings
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
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
- 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
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
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
- Ancillary Prohibition Orders
- Ancillary Fine and Restitution Orders:
- Forfeiture Orders
Procedure
Serving Sentences and Afterwards
- Serving Sentences · Consequences of Criminal Records After Sentencing (Pardons and Record Suspensions · Immigration Consequences from a Conviction)
- Parole: 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
Appendix
Full Text By Volume
- Volume 1: Criminal Law (large page)
- Volume 1.1: Offence Profiles (large page)
- Full Text:Volume 1.1A (Terrorism, Organized Crime, Weapons)
- Full Text:Volume 1.1B (Sexual Offences and Disorder Offences)
- Full Text:Volume 1.1C (Violent Offences and Homicide)
- Full Text:Volume 1.1D (Administration of Justice Offences)
- Full Text:Volume 1.1E (Motor Vehicle Offences)
- Full Text:Volume 1.1F (Property Offences and Corruption Offences)
- Full Text:Volume 1.1G (Drug Offences)
- Full Text:Volume 1.1H (Gaming, Hate Speech, Libel, Regulatory)
- Full Text:Volume 1.1I (Repealed and Unconstitutional Offences)
- Full Text:Volume 1.1J (Misc Offences)
- Volume 2: Evidence (large page)
- Volume 3: Search and Seizure (large page)
- Volume 4: Procedure and Practice (large page)
- Full Text:Volume 4A - Police Powers and Bail
- Full Text:Volume 4B - Pre-trial Matters
- Full Text:Volume 4C - Preliminiary Inquiry, Trial and Verdict
- Full Text:Volume 4D - Mental Health
- Full Text:Volume 4E - Appeals
- Volume 5: Sentencing (large page)
- Volume 6: Case Digests (large page)
- Volume 7: Reference Materials (large page)
Table of Concordance (Criminal Code)
- Versions
There are six versions of the Criminal Code since its inception:
- Criminal Code, 1892, S.C. 1892, c. 29
- Criminal Code, R.S.C. 1906, c. 146
- Criminal Code, R.S.C. 1927, c. 36
- Criminal Code, S.C. 1953-54, c. 51
- Criminal Code, R.S.C. 1970, c. C-34
- Criminal Code, R.S.C. 1985, c. C-46
1970 to 1985
Table of Concordance for the Criminal Code.
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1953 to 1970
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See Also
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) | |||||
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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 | |||||
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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) | |||||
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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 | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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) | |||||
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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
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
See Also
Offences by Category
Offences
Public Order Offences (Part II)
[Pt. II – Offences Against Public Order (s. 46 to 83)]:
Terrorism Offences (Part II.1)
[Pt. II.1 – Terrorism (s. 83.01 to 83.33)]
Weapons Offences (Part III)
[Pt. III – Firearms and Other Weapons (s. 84 to 117.15)]
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 judicial officers or member of a legislature | 119(1) | None | ||
Bribery of public officers | 120 | None | ||
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)) | ||
Fraud on government From September 19, 2019 |
121(3) | None | ||
Breach of trust by public officer From September 19, 2019 |
122 | None | ||
Bribing municipal official From September 19, 2019 |
123(1) | None | ||
Influencing municipal official From September 19, 2019 |
123(2) | None | ||
Selling or purchasing office From September 19, 2019 |
124 | None | ||
Influencing appointment in office From September 19, 2019 |
125 | None | ||
Disobeying a statute where no other set sentence From September 19, 2019 |
126(1) | None | ||
Disobey order of Court | 127(1) | None | ||
Misconduct by officers executing process September 19, 2019 |
128 | None | ||
Offences relating to public or peace officers | 129 | None | ||
Personation of peace officer | 130 | None | ||
Perjury | 131, 132 | None | ||
False statement | 134(1) | None | ||
Witness giving contradictory evidence | 136(1) | None | ||
Fabricating | 137 | None | ||
False affidavits From September 19, 2019 |
138 | None | ||
Obstruct justice (aggravating elements of 139(2) not being made out) | 139(1) | None | ||
Obstruct justice with elements of aggravation From September 19, 2019 |
139(2) | None | ||
Public mischief | 140(2) | None | ||
Compounding indictable offence From September 19, 2019 |
141(1) | None | ||
Corruptly taking reward From September 19, 2019 |
142 | None | ||
Prison Breach From September 19, 2019 |
144 | None | ||
Escape and being at large without excuse | 145(1) | None | ||
Failure to attend court or surrender From December 18, 2019 |
145(2) | None | ||
Failure to comply with appearance notice or summons From December 18, 2019 |
145(3) | None | ||
Failure to comply with undertaking From December 18, 2019 |
145(4) | None | ||
Failure to comply with release order From December 18, 2019 |
145(5) | None | ||
Permitting or assisting escape From September 19, 2019 |
146 | None | ||
Rescue or permitting escape From September 19, 2019 |
147 | None | ||
Aid prisoner of war to escape From September 19, 2019 |
148 | None |
Sexual Offences and Disorderly Offences (Part V)
[Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (s. 150 to 182)]
Offence | Section | Minimums | Maximums | Consecutive Time |
---|
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 From September 19, 2019 |
184(1) | None | ||
Interception of radio-based telephone communications From September 19, 2019 |
184.5(1) | None | ||
Possession of equipment for wiretapping illegally From September 19, 2019 |
191(1) | None | ||
Disclosure of information from wiretap From September 19, 2019 |
193(1) | None | ||
Disclosure of information from wiretap From September 19, 2019 |
193.1(1) | None |
Disorderly Houses, Gaming and Betting (Part VII)
[Pt. VII – Disorderly Houses, Gaming and Betting (s. 197 to 213)]
Offences Against the Person (Part VIII)
[Pt. VIII – Offences Against the Person and Reputation (s. 214 to 320.1)]
Offences Relating to Conveyances (Part VIII.1)
[Pt. VIII.1 – Offences Relating to Conveyances (s. 320.11 to 320.4)]
Offence | Section | Minimums | Maximums | Consecutive Time |
---|---|---|---|---|
Dangerous operation of a conveyance From December 18, 2018 |
320.13(1), 320.19(5) | None | ||
Dangerous Operation When Accident Causes Bodily Harm From December 18, 2018 |
320.13(2), 320.2 | |||
Dangerous operation when accident causes death From December 18, 2018 |
320.13(3), 320.21 | |||
Operation While Impaired by Drug or Alcohol From December 18, 2018 |
320.14(1)(a), 320.19(1) | |||
Operation While Over 80 BAC From December 18, 2018 |
320.14(1)(b), 320.19(1) | |||
Operation While Blood Drug Exceeds Regs re Drugs From December 18, 2018 |
320.14(1)(c), 320.19(1) | |||
Operation While Blood Drug Exceeds Regs re Drugs From December 18, 2018 |
320.14(1)(d), 320.19(1) | |||
Operation while impaired and causing bodily harm From December 18, 2018 |
320.14(2), 320.2 | |||
Operation While Impaired or Blood Concentration Over and Causing Death From December 18, 2018 |
320.14(3), 320.21 | |||
Operation with low blood drug concentration From December 18, 2018 |
320.14(4) | None | ||
Refusal From December 18, 2018 |
320.15(1), 320.19(1), (4) | |||
Refusal From December 18, 2018 |
320.15(2), 320.2 | |||
Refusal When Accident Resulting in Death From December 18, 2018 |
320.15(3), 320.21 | |||
Failure to Stop at Accident From December 18, 2018 |
320.16 (1), 320.19(5) | |||
Failure to Stop After Accident Resulting in Bodily Harm From December 18, 2018 |
320.16 (2), 320.2 | |||
Failure to stop after accident resulting in death From December 18, 2018 |
320.16(3), 320.21 | |||
Flight from peace officer From December 18, 2018 |
320.17, 320.19(5) | None | ||
Operation While Prohibited From December 18, 2018 |
320.18, 320.19(5) | None |
Property Offences (Part IX)
[Pt. IX – Offences Against Rights of Property (s. 321 to 378)]
Fraudulent Transactions (Part X)
[Pt. X – Fraudulent Transactions Relating to Contracts and Trade (s. 379 to 427)]
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)]
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 From September 19, 2019 |
451 | None | ||
Use of counterfeit money | 452 | None | ||
Utter counterfeit coin From September 19, 2019 |
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 |
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 commit an indictable offence punishable by less than 14 years | 465(1)(b)(ii) | None | ||
Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years | 465(1))(b)(i) | None | ||
Participation in activities of criminal organization From September 19, 2019 |
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 |
---|---|---|---|---|
Breach of restriction on publication of search warrant (unconstitutional) | 487.2 | None | ||
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 From September 19, 2019 |
490.8 | None | ||
Breach of restraint order under 490.9 | 490.8(9) | None | ||
Breach of SOIRA order From September 19, 2019 |
490.031(1) | None | ||
Breach of SOIRA order (false or misleading information) From September 19, 2019 |
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 | None | ||
Breach of Probation From September 19, 2019 |
733.1 | None | ||
Breach of prohibition on use of bodily substance under a conditional sentence order | 742.31 | None | ||
Failure to comply with a custodial non-communication order From September 19, 2019 |
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 From September 19, 2019 |
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 From September 19, 2019 |
811 | None |
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 | {{{3}}} | {{{4}}} | {{{5}}} |
Sexual Intercourse with Step-Daughter | 158 | {{{3}}} | {{{4}}} | {{{5}}} |
Gross Indecency | {{{3}}} | {{{4}}} | {{{5}}} | |
Abortion | {{{3}}} | {{{4}}} | {{{5}}} | |
Anal Intercourse | {{{3}}} | {{{4}}} | {{{5}}} | |
Counselling or Aiding Suicide | {{{3}}} | {{{4}}} | {{{5}}} | |
Procuring and Living on the Avails of Prostitution | {{{3}}} | {{{4}}} | {{{5}}} | |
Rape | {{{3}}} | {{{4}}} | {{{5}}} |
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
See Also
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
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
Maximum Punishment is Imprisonment for 14 Years
Maximum Punishment of 10 Years
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
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")
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
See Also
Guilty Plea Checklist
Checklist
|
|
See Also
- Guilty Plea Checklist (Google Docs)
- Ontario Legal Aid Guilty Plea Checklist (pdf form)
Precedents
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Templates and Precedents
To use any of these templates, copy/paste the template into a word processor and then adjust formatting accordingly. Many jurisdictions have official templates for their applications that would likely be preferred. These templates do not necessarily conform with the preferred style for each jurisdiction. Changes may be necessary to conform with the local jurisdiction's Rules of Court.
Court Filing Precedent
- Precedent - Generic Application
- Precedent - Charter Applications
- Precedent - Transportation Orders
- Precedent - Testimony by Video-link
- Precedent - Testimonial Aids
- Precedent - Notice to Admit Canada Evidence Act Records
- Precedent - Notice to Admit Evidence Under Criminal Code
- Precedent - Notice to Admit Hearsay Evidence
- Precedent - Notice to Amend Charges to Conform to Evidence
- Precedent - Appeals
- Precedent - Judicial Review
- Precedent - Exhibit and Brief Cover Pages
- Precedent - Shortcut to Proof
- Precedent - Unsealing Authorizations
- Precedent - Search and Seizure
- Precedent - Forfeiture and Estreatment
- Precedent - Sexual Offence Matters
- Precedent - Procedural Filings
- Precedent - Disclosure-related Filings
- Precedent - Various Defence Motions
- Precedent - Vary Release or Sentence Order
- Precedent - Jury Trial Filings
- Precedent - Counsel Letters
- Court Forms
Substantive Precedents
- Bail
- Bail Brief (Generic)
- Bail Release Form (pre-2019 amendments)
- Judgement on Trial
- Sentencing
- Disposition Form
- Sentencing Brief (Generic)
- Sentencing for Luring Brief
- Sentencing for Fraud Over $5,000
- Judgements on Sentence
See Also
Precedents, Court Forms and Checklists
Note that format and content requirements vary between jurisdictions. See Rules of Court.
Checklists
- Crown File Review Checklist
- Defence File Review Checklist
- Initial Appearance Checklist
- Trial Preparation Checklist
- Guilty Plea Checklist
- Objections Cheatsheet
- Admissibility Checklist
- ITO Drafting Checklist
Charts
Precedents
Official Court Forms (includes Notices, Orders, and supporting docs)
- Newfoundland and Labrador
New Brunswick
Nova Scotia
- Nova Scotia Provincial Court Forms and Other Court Documents
- Nova Scotia Supreme Court Forms (Google docs)
- 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
- Alberta
- British Columbia
Form of Charges
Criminal Code Forms
Tools
See Also
Precedent - Appeals
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Indictable Offence Appeal to Court of Appeal
- Generic Notice of Appeal to Court of Appeal (gdocs)
- Generic Notice of Leave for Appeal to Court of Appeal (gdocs)
NOTICE OF APPEAL | NOTICE OF LEAVE TO APPEAL |
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C A N A D A File# ________________
IN THE [PROVINCE] COURT OF APPEAL BETWEEN: Appellant – and – Respondent NOTICE OF APPEAL TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone. TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of ..... The grounds for appeal are: That the learned trial judge erred in law by .... UPON such further or other grounds as counsel may advise.
THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate. FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: The Registrar, Court of Appeal AND TO: [the name of the respondent], the Respondent herein |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Appellant – and – Respondent NOTICE OF APPLICATION FOR LEAVE TO APPEAL PARTICULARS OF SENTENCE
TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of The grounds of appeal are:
The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially.
In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Fresh Evidence
NOTICE OF APPLICATION FOR FRESH EVIDENCE | AFFIDAVIT |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Appellant – and – Respondent NOTICE OF APPLICATION FOR LEAVE TO ADMIT FRESH EVIDENCE TAKE NOTICE AND FURTHER TAKE NOTICE DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Extension of Time to Give Notice
Release of Exhibits
Removal of Counsel
Summary Offence Appeal to Summary Conviction Appeal Court
NOTICE OF APPEAL | NOTICE OF LEAVE TO APPEAL |
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C A N A D A File# ________________
IN THE [PROVINCE] SUMMARY CONVICTION APPEAL COURT BETWEEN: Appellant – and – Respondent NOTICE OF APPEAL TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone. TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of ..... The grounds for appeal are: That the learned trial judge erred in law by .... UPON such further or other grounds as counsel may advise.
THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate. FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: The Registrar, Court of Appeal AND TO: [the name of the respondent], the Respondent herein |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Appellant – and – Respondent NOTICE OF APPLICATION FOR LEAVE TO APPEAL PARTICULARS OF SENTENCE
TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of The grounds of appeal are:
The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially.
In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Summary Offence Appeal to Court of Appeal
Summary Conviction Appeal
Precedent - Charter Applications
Generic
NOTICE OF CHARTER APPLICATION | AFFIDAVIT (CHARTER) |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF CHARTER APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. [List sections of charter: e.g. 7, 8, 11(d)] of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case. THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:
THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] [Internal File Coding] |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Section 7: Abuse of Process
Section 8: Search and Seizure
Section11 (b): Delay
NOTICE OF CHARTER APPLICATION | AFFIDAVIT (CHARTER) |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF CHARTER APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order that the Applicant's rights under s. 11(d) of the Canadian Charter of Rights and Freedoms (Charter) have been violated in the course of this case and that the proceedings are ordered to be stayed pursuant to s. 24(1) of the Charter. 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 LEGAL GROUNDS:
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] [Internal File Coding] |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Challenge to Legislation
Section11 (b): Delay
NOTICE OF CHARTER APPLICATION AND CONSTITUTIONAL QUESTION | XXXXX |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION AND CONSTITUTIONAL QUESTION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought by the Applicant, [name of accused], to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for a declaration that section XXX of the Criminal Code is of no force and effect to the extent that it [describe the unconstitutional effect of the law]. AND TAKE NOTICE that on the hearing of the application, the Applicant will be alleging infringement of [his/her] rights pursuant to section YYY of the Charter of Rights and Freedoms, particulars of which are described below. THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order, this may include an order of Exclusion of Evidence under s. 24(2) of the Charter or an Order for the Stay of Proceedings under s. 24(1) of the Charter] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
TO: [Provincial/Federal Crown Attorney] AND TO: [Provincial Attorney General] AND TO: [Attorney General of Canada] [Internal File Coding] |
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Precedent - Counsel Letters
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Disclosure Request Letter
DISCLOSURE LETTER |
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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:
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Undertakings
Undertaking When Disclosing Unvetted Disclosure for Bail | Undertaking When Disclosing Sensitive Electronically Materials |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] UNDERTAKING I, ________________________________, Defence Counsel for ______________________________ in relation to Criminal charges under Section(s) ______________________ arising on or between (insert date here)_________________________, by accepting receipt of (insert device name here) ____________________ (hereinafter “device”) do hereby undertake as follows:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________
_________________________________________
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Stinchcombe Application
McNeil Application
Precedent - Exhibit and Brief Cover Pages
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Exhibits
EXHIBIT BOOK COVER PAGE |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] EXHIBIT BOOK # |
EXHIBIT BOOK INDEX |
TABLE OF CONTENTS
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Briefs
Cover of Brief |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED/APPLICANT/RESPONDENT BRIEF OF LAW |
Table of Contents |
TABLE OF CONTENTS
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Body of Brief |
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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
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Book of Authorities Cover |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] BOOK OF AUTHORITIES |
Table of Authorities |
TABLE OF AUTHORITIES
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Precedent - Forfeiture and Estreatment
Forfeiture
Forfeiture Under Section 490(9)
NOTICE OF APPLICATION |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] FORFEITURE ORDER |
Affidavit |
Order |
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 WHEREAS the accused, [accused name], has pleaded or been found guilty of one or more charges that include offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:
AND WHEREAS the Property was the subject of a lawful Detention Order pursuant to s. 489 of the Criminal Code. UPON the Application of Crown counsel for an order pursuant to section 490(9) of the Criminal Code; AND UPON HEARING from Crown counsel and counsel for the accused; AND UPON BEING SATISFIED THAT the accused was the lawful owner of the property at the time of seizure and there are no other persons who are lawfully entitled to the Property; AND UPON BEING SATISFIED THAT the Property is tainted by criminality; IT IS HEREBY ORDERED THAT the Property is hereby forfeited to Her Majesty the Queen in Right of [Province] pursuant to section 490(9) of the Criminal Code to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Internal File Coding] |
Forfeiture Under 164.2
Order |
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C A N A D A File# ________________
IN THE [SUPERIOR/SUPREME] COURT OF [PROVINCE] IN THE MATTER OF an Application by the Attorney General of [province] for an Order pursuant to section 164.2 of the Criminal Code, ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to Her Majesty the Queen in Right of [province] BETWEEN: Applicant – and – Respondent ORDER OF FORFEITURE BEFORE THE HONOURABLE Justice [name of judge] at [city], [province]. 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 WHEREAS the accused, [accused name], has pleaded or been found guilty of one or more charges that include offences contrary to section(s) [list sections that are eligible under s. 164.2] of the Criminal Code; AND WHEREAS the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:
UPON the Application of Crown counsel for an order pursuant to section 164.2 of the Criminal Code; AND UPON HEARING from Crown counsel and counsel for the accused; AND UPON BEING SATISFIED THAT there are no other persons who are lawfully entitled to the Property; IT IS HEREBY ORDERED THAT the Property is hereby forfeited to Her Majesty the Queen in Right of [Province] pursuant to section 164.2 of the Criminal Code to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Internal File Coding] |
Estreatment
Precedent - Generic Application
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Generic Application
- Generic Notice of Application (Google Docs) and Generic Affidavit (Google Docs)
- Generic Draft Order (Google Docs)
- Index
- Notice of Application
- Supporting Affidavit
- Affidavit of Service
- Order of Court
NOTICE OF APPLICATION/MOTION (GENERIC) |
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C A N A D A File# ________________ IN THE [LEVEL] 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:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
AFFIDAVIT (GENERIC) |
C A N A D A File# ________________ IN THE [LEVEL] 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:
[Internal File Coding] |
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:
Acknowledgment of Service I, [name of person accepting service], hereby acknowledge that I have received, from [organization issuing service], the within document and the attachments thereto this ___ day of __________, 20__ on behalf of [actual person needing notice], [name of actual person], and that the receipt of same constitutes valid service and notice pursuant to the relevant legislation and Rules of Court.
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DRAFT ORDER (GENERIC) |
C A N A D A File# ________________ IN THE [LEVEL] 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___. _____________________________ [Internal File Coding] |
Precedent - Jury Trial Filings
Notice of Challenge for Cause
Precedent - Notice to Admit Canada Evidence Act Records
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Finance and Business Records
Business Records
- Notice to Tender Business Records (Google Docs)
NOTICE TO ADMIT BUSINESS RECORDS |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE TO TENDER BUSINESS RECORDS WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS he/she is scheduled to begin trial in [level of court], on [date of trial]; TAKE NOTICE THAT the Crown intends to tender into evidence at trial certain records, to wit:
IF you wish to examine original or electronic records—as the case may be—that are to be introduced by the Crown at trial, they are in the possession of the [organization holding records], [address of the Crown], [city], [province]. Please notify the Crown should you wish to make arrangements for an inspection. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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BUSINESS RECORDS AFFIDAVIT |
C A N A D A File# ________________ IN THE [LEVEL] 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:
(where the records are copies of the original records, but the organization has kept the originals)
(where the original records are attached)
[Internal File Coding] |
Financial Records
Affidavit to Support Financial Records Under s. 29(3) of the Canada Evidence Act |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] AFFIDAVIT OF [AFFIANT] I, ______________, of [city], in the province of [province], make oath and say as follows:
[Internal File Coding] |
Precedent - Notice to Admit Criminal Code Evidence
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Other Notices
- Hearsay Evidence in Preliminary Inquiry
- Expert Evidence
- Generic Notice of Intention to Call Expert Evidence (Google Docs)
Adducing Seaboyer / s. 276 Evidence at Trial
- Accused Application
Notice to Admit Evidence Under Section 276 |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF INTENTION TO ADDUCE EVIDENCE OF COMPLAINANT'S SEXUAL ACTIVITY 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 pursuant to the provisions of section 276(2) of the Criminal Code at the forthcoming trial upon these charges, the Crown will introduce evidence, the particulars are as follows:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
- Crown Application
Notice to Admit Evidence Under Section Seaboyer |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF INTENTION TO ADDUCE COMPLAINANT'S SEXUAL ACTIVITY 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 pursuant to R v Seaboyer, [1991] 2 S.C.R. 577 at the forthcoming trial scheduled upon these charges, the Crown seeks to introduce evidence of a complainant, IF, engaging in sexual activity other than that activity that constitutes the offence(s) at issue. THE APPLICANT RELIES ON THE FOLLOW GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Adducing Hearsay Evidence in a Preliminary Inquiry
Notice to Admit Evidence Under Section 540(7) |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE 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 pursuant to the provisions of section 540(7) and (8) of the Criminal Code at the forthcoming preliminary inquiry scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records, particulars are as follows:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Notice to Adduce Wiretap Evidence
Notice to Tender Wiretap Evidence |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE TO ADDUCE WIRETAP EVIDENCE 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 pursuant to the provisions of section 196 of the Criminal Code at the forthcoming trial upon these charges, the Crown will introduce records obtained by warrant under Part VI of the Code, particulars are as follows:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Experts
Precedent - Notice to Amend Charges to Conform to Evidence
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice to Amend Charges to Conform to Evidence
NOTICE OF APPLICATION |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting an amendment to [list counts] of the information alleging the above-noted charges. THE APPLICANT RELIES ON THE FOLLOW GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Precedent - Procedural Filings
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Appearance in Chambers
- Designation of Counsel (650.01)
NOTICE TO APPEAR IN CHAMBERS |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE TO APPEAR IN CRIMINAL CHAMBERS 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 before a Presiding Justice of the [name of superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], THE APPLICANT SEEKS THE FOLLOWING RELIEF:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Application to Adjourn Trial
NOTICE OF APPLICATION TO ADJOURN TRIAL |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF APPLICATION TO ADJOURN TRIAL 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 WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. TAKE NOTICE that before a Presiding Justice of the [name of inferiror/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Designation of Counsel
DESIGNATION OF COUNSEL | ||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] DESIGNATION OF COUNSEL I, [accused name] (DOB: [date of birth]), of [City], Province of [Province], have been charged as follows:
I have retained the following counsel to represent me in the above-noted charges:
TAKE NOTICE that I hereby designate [name of counsel], and his/her associates or clerks from time to time, to represent me with respect to all matters permitted pursuant to s. 650.01 (1) of the Criminal Code and to appear on my behalf in all court proceedings arising out of the above-noted charges except when the Court may require my attendance or when my presence is required pursuant to s. 650.01(3) of the Criminal Code. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. I, [accused name], hereby revoke the above designation. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ |
Notice of Re-Election
Notice of Re-Election |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF RE-ELECTION 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 WHEREAS the Crown elected the accused, [accused] to be tried by way of ☐ Indictment ☐ Direct Indictment and the accused initially elected to be tried by: AND WHEREAS this Notice is provided TAKE NOTICE that the accused pursuant to Section 561 of the Criminal Code, seeks to re-elect to be tried by: AND TAKE NOTICE that the Attorney General, as represented by counsel for Her Majesty the Queen, consent to the accused being tried by way of summary conviction. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ CONSENTED TO: I, [name of crown attorney], Crown Attorney, hereby consent to the re-election to the requested level of court. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________
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Notice of Application to For Testimonial Accomodation
Notice of Application for Testimonial Accomodation |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] 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; WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].
[Internal File Coding] |
Notice of Application to Amend An Information/Indictment
NB: This Notice is to the Court and CC'd to the Defence counsel.
NOTICE TO VARY CHARGES UNDER SECTION 601(2) |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE TO VARY INDICTMENT TO CONFORM TO THE EVIDENCE WHEREAS the accused, [accused name], has been charged on an [Indictment/information] that on or about [date] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code, inlcuding allegation(s) on the [Indictment/Information] reading as follows:
AND WHEREAS the accused is scheduled to begin trial in [level of court] beginning [first day of trial]; AND WHEREAS the Crown anticipates the following evidence to be adduced as part of its case:
AND WHEREAS the Crown take the position that:
TAKE NOTICE THAT before the closing of the Crown's case, the Crown will make application to vary the [information/indictment] to conform with the evidence heard pursuant to section 601(2) of the Criminal Code, being count XX of the [Indictment/Information] of [swearing date], such that it should read as amended:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Precedent - Sexual Offence Matters
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Section 278.3
NOTICE OF S. 278.3 APPLICATION | AFFIDAVIT (S. 278.3) |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order granting leave for the Applicant to question the complainant on matters protected by s. 278.3 of the Criminal Code. THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
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:
THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order pursuant to s. 278.3 of the Criminal Code granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ TO: [Provincial/Federal Crown Attorney] [Internal File Coding] |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Section 276 Application
NOTICE OF S. 276 APPLICATION | AFFIDAVIT (S. 276) |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought by the Applicant, [name of accused] to the presiding [Justice/Judge] at the [name and location of courthouse] on the [date] day of [month], [year], or soon thereafter, for an Order granting leave for the Applicant to question the complainant on matters protected by s. 276 of the Criminal Code. THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
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:
THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order pursuant to s. 276 of the Criminal Code granting leave to question the complainant [description of the area of questioning: e.g. "regarding their relationship and in particular the previous sexual activity between”] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ TO: [Provincial/Federal Crown Attorney] [Internal File Coding] |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Waivers
WAIVER OF 278.1 PROTECTIONS |
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WAIVER OF RIGHTS HOLDER I have been informed that the Crown Attorney's Office is in possession of documents that are protected under s. 278.1 to 278.91 of the Criminal Code:
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Precedent - Shortcut to Proof
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Authentication of Documents
Affidavit Authenticating Docs in Possession |
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C A N A D A File# ________________ IN THE [LEVEL] 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:
[Internal File Coding] |
Websites
Affidavit Authenticating Webpages |
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C A N A D A File# ________________ IN THE [LEVEL] 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:
[Internal File Coding] |
- Google Maps and Streetview
Affidavit Authenticating Webpages |
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C A N A D A File# ________________ IN THE [LEVEL] 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:
[Internal File Coding] |
Agreed Statement of Fact
Agreed Statement of Facts |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] Agreed Statement of Facts This statement of facts is agreed to for the purposes of providing an evidentiary record for the [type hearing]. Any text within this agreed statement of fact that would tend to paraphrase, summarize or suggest a preferred interpretation of a source document, or contradict a source document, shout not be considered agreed upon as a fact beyond dispute but rather is merely a characterization and/or interpretation that is intended to assist the Court. Further, this agreed statement of facts is to be understood and interpreted in light of any viva voce testimony on issues before the court. It should also be stressed that nothing in this should be considered acceptance of admissibility of the supporting documents on the basis of relevancy or hearsay. The parties agree to the authenticity of the supporting documents.
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Precedent - Transportation Orders
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Prisoner Transport Order
NOTICE OF APPLICATION TO TRANSPORT PRISONER |
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C A N A D A File# ________________
– and – BETWEEN:
NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
AFFIDAVIT (TRANSPORT) |
C A N A D A File# ________________
– and – BETWEEN:
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
DRAFT TRANSPORT ORDER |
C A N A D A File# ________________
– and – BETWEEN:
ORDER TO TRANSPORT A PRISONER TO: THE SUPERINTENDENT OF THE [Name of facility], [province] BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province]. UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code that ....; WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND UPON IT APPEARING that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on [date], at the hour of [time] for the [type of hearing]. AND WHEREAS I am satisfied that the ends of justice require that this Order be made; IT IS HEREBY ORDERED that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order; FURTHER, IT IS HEREBY ORDERED that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Internal File Coding] |
Precedent - Unsealing Authorizations
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Unsealing Records
Application to Unseal Court Records | ||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] - and - NOTICE OF APPLICATION 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:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding] | ||||||||||||||||||
Affidavit | ||||||||||||||||||
C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] - and - AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
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Order | ||||||||||||||||||
C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] - and - ORDER Before the Honourable Judge/Justice Presiding: WHEREAS on [date], a justice of the peace granted multiple judicial authorizations under [section] of the Criminal Code in relation to a criminal investigation for offence contrary to section(s) [list sections] of the Criminal Code. AND WHEREAS the affiant applied for and was granted the following Sealing Orders, sealing the authorization and Information to Obtain:
AND WHEREAS the authorizations were executed on or about [date]. UPON THE APPLICATION made by counsel for 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___.
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Precedent - Various Defence Motions
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Application to Quash
NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION |
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] NOTICE OF APPLICATION TO QUASH WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
AFFIDAVIT (GENERIC) |
C A N A D A File# ________________ IN THE [LEVEL] 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:
[Internal File Coding] |
Precedent - Vary Release or Sentence Order
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Application to Vary Release
NOTICE OF APPLICATION |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
AFFIDAVIT |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Application to Vary Sentence Order
- Probation
NOTICE OF APPLICATION |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
AFFIDAVIT |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
NOTICE OF APPLICATION |
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C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought]. THE APPLICANT RELIES ON THE FOLLOW GROUNDS:
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
AFFIDAVIT |
C A N A D A File# ________________
IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
Sentencing Brief (Generic)
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Briefs
Cover of Brief | ||||||||||||||||||||||||||||||||||||||||
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C A N A D A File# ________________ IN THE [LEVEL] COURT OF [PROVINCE] BETWEEN: HER MAJESTY THE QUEEN – and – [ACCUSED NAME] CROWN/ACCUSED SENTENCING BRIEF | ||||||||||||||||||||||||||||||||||||||||
Table of Contents | ||||||||||||||||||||||||||||||||||||||||
TABLE OF CONTENTS(e)
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Body of Brief | ||||||||||||||||||||||||||||||||||||||||
[X] On [date], the accused [plead/was found] guilty to the commission of the following offence(s) between [date]. Specifically that he did:
The Crown elected to proceed by indictment/summary conviction on the hybrid offences. [X] It is the Crown/Defence position that a fit and proper sentence for the offences charged are as follows:
[X] The terms of the conditional sentence order should be as follows:
[X] The terms of the probation order should be as follows:
[X] The terms of the ancillary orders should be as follows:
[X] We decline to seek a [DNA order, SOIRA Order, etc] < * Crown brief only > [X] The remainder of these written submissions will be organized into the following Parts:
A. Circumstances of the Offence [X] The agreed facts for the purpose of sentencing are as follows:
[X] The agreed facts for the purpose of sentencing are set out in the Agreed Statement of Facts that will be tendered at the sentencing hearing. B. Personal Circumstances
[X] Once a [guilty plea/conviction] was entered, the Court ordered a Pre-Sentence Report (PSR) at the request of defence. The PSR [is still pending/has been received on [date] ]. At the request of [defence/crown], a [other type of report such as a pre-sentence sexual risk assessment, Gladue report, etc] was ordered. That report [is still pending/has been received on [date] ]. C. Victim Impact Statements [X] The Crown made referrals on [date] to Victim Services for the following victim(s): [X] Further efforts were made to contact the victims to notify them of their rights to file the victim impact statements and read them in court. This included ... [describe additional efforts, personal contact] [X] Victim services informs the Crown that... [X] As of this writing, it is unknown whether any victims have filed victim impact statements. [X] We are in receipt of the written victim impact statements for [list persons]. We are of the view that the content conforms with the requirements of s. 722, except as follows:
[X] The Crown seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es):
[X] The defence seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es).
[X] The parties are not in agreement on what the fit and proper sentence would be for this accused, including the appropriate form of disposition, duration of custody, the terms of probation, and ancillary orders. [X] Over the course of the proceedings the parties have negotiated a potential resolution to this matter. There is agreement on particular charges and facts to be admitted. The parties have agreed on what is believed to be a suitable sentence, subject to the Court's approval in an Anthony-Cook hearing.
[X] The exercise of sentencing an offender is one of determining a fit and proper sentence for the particular offender. This process requires a high degree of individualizing and tailoring of the sentence to fit the particular accused. Accordingly, the process must be flexible. [X] Justice LeBel in R v LM, [2008] 2 SCR 163, 2008 SCC 31 (CanLII) gives some recommendation on the proper approach (para. 17):
A. Purpose and Principles of Sentencing [X] The objective of a sentencing judge, framed most broadly, is to ensure that the sentence ordered is "just and appropriate". A just and appropriate sentence is one that satisfies the fundamental purposes of a sentence as laid out by the Criminal Code. Section 718 states the fundamental purpose of sentencing is as follows:
[X] There will be heightened importance and emphasis on particular objectives for any particular case. No single objective can ever trump another completely. These objectives must be weighed against each other in light of what the court would consider the optimal way to protect the local community (see R v Nasogaluak, [2010] 1 SCR 206). B. Rehabilitation [X] The principle of rehabilitation is relevant in all sentencing and remains one of the main objectives of the process. As Justice Wagner (as he was) stated in R v Lacasse, 2015 SCC 64, [2015] 3 SCR 1089, at para 4:
C. Proportionality [X] The principle of proportionality is of such importance that it was codified in s. 718.1 as the fundamental principle to the sentencing process. The section states:
The importance proportionality plays in the sentencing process is justified on the basis that a just sentence is necessarily one that is proportionate to the gravity of the offence and the responsibility of the offender. In R v Ipeelee, 2012 SCC 13 (CanLII) at para 37 Justice Lebel explained the role proportionality:
D. Parity [X] Section 718.2(b) directs that sentencing judges must ensure that the accused's sentence "be similar to sentences imposed on similar offences committed in similar circumstances;". This is the principle of parity and is usually addressed through consideration of the range of past sentences where similar offenders have committed similar offences in similar circumstances. The Court should also be sensitive to the particular needs of the local community (see Nasogaluak, Lacasse). [X] The purpose behind the principle is to ensure fairness as between similarly situated cases. It does not, however, override the individualized nature of sentencing, nor does it prohibit considerable disparity between accused so long as the sentence ordered is proportionate to the gravity of the offence and moral culpability of the offender. (see R v CAM, [1996] 1 SCR 500) Proportionality should generally prevail over parity (see R v Lacasse, [2015] 3 SCR 1089 at para 92). Accordingly, review of prior sentencing case law can be of assistance and may even provide a shortcut to calibrating the right sentence, but in all cases, the ultimate sentence must be justified as proportionate, first and foremost. E. Restraint [X] The principle of restraint is codified in both s. 718.2(d) and (e), stating that:
[X] The principle ensures that sentences are just and fair in the eyes of the public by imposing upon courts a duty to limit the use of incarceration by ensuring that courts consider the least intrusive sentence that achieves the necessary sentencing objectives and only uses incarceration as an option of last resort. F. Concurrent vs Consecutive Sentences [assuming multiple offences charged]
[X] Section 718.3(4)(b) grants sentencing judges the discretion to determine whether to order the sentences for multiple offences before them be served concurrently or consecutively to each another. It states as follows:
[X] It is submitted that ... G. Totality (assuming multiple offences charged] [X] The sentencing principle of totality is designed to prevent the ordering of "unduly long or harsh" sentences that result from the combination of consecutive sentences in the course of the sentence calculation. The principle is founded and guided in the principle of proportionality which requires that the global sentence remains proportionate to the gravity of the offence and the degree of responsibility of the offender. (see R v Hutchings, 2012 NLCA 2 (CanLII)) [X] This common law principle of totality was codified into s. 718.2(c) of the Code as a mandatory sentencing consideration:
[X] On a given case, the sentencing judge should consider factors including:
[X] Should the combined sentence prove to be excessive, the sentencing judge must then determine "the extent to which the combined sentence should be reduced to achieve a proper totality". This can be done by altering the sentence for individual counts to run concurrently rather than consecutively, or simply reduce the length of individual sentences. [X] In making the necessary changes to the sentence, the sentencing judge must be mindful to identify:
[X] In our case, it is submitted that ... [X] A. Purpose of Criminalization of Conduct [X] B. Objectives to be Emphasized [X] C. Range of Sentence [X]
[X] A. Gravity of Conduct [X] B. Sophistication of the Offence [X] C. Vulnerability of Victim [X] D. Responsibility and Moral Culpability of the Offender [X] E. Guilty Plea, Remorse, and Acceptance of Responsibility [X] F. Age, Character, and Risk to Re-Offend [X] G. Addiction and Mental Health [X] H. Prior Criminal Record and Repeat Offenders [X] I. Effect on Employment, Family, and Immigration [X] J. Prospects of Rehabilitation [X] K. Totality [X] L. Remand Credit [X] |